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HomeMy WebLinkAboutReport 01I ! ,' · __ ___j I I ;! .... ,, __ I NVid 3.!IS ,J,JNN!wn3<1d NOUYJ/,;JIOOW llfld J.HVN/WrT3cJd SN30!:l\fi:l Al!:13811 C 0 .... r; (l) a: C.1 'l•I ~I ,, C(I r~ ' ,, ' /, i };I~ 'f ___ _ i , I I ' ' ' ' _)~ ,' --1 1/ V -'-•:: 'l\~/-~ / ~~,./ I ,, / ' I I ' i I " " ··-....,._. NOT3513'.lB 'f0?351JJS S1TJ51J0B SLoo,-PF i.:j~i/y ~f.;.51 X,5 l.!l',:S,;'.51JDE I A PORTION OF THE SE 1/4 OF SECTION 6 TOWNSHIP 22 N, RANGE 5 E, W.M. 1457500100 I ' '): ' 111 · 1 ,,.,, ., --,,_\1---~~J·/\;l:i I '1t/: 1:' /~ \ ,,;',, 1· _,.:t:_.~~:·";,,/ , ~-~l ;.; ;:1 :<0 1· , ; I-·~ '. I I I IJ [·I . • . 1 -1., \5-~-... .:s f\/ '" "''" ""'" I "'"'' _ •.. , " , .,_ ; "· r 'I j ' .I 1 '• ! I ~~1 ,, I r·~·•, : 1 1J230590JB -1 · · ' ' --' ' · •. --~--' I ,,, ' 1 'I· , I . • • ·----' • . • ' • • I . . . . 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I ,., ' l ~} t ',. C a-' h, " ' I : : ' ·-· I -' -It. ' I ,., r 11 'j '1 ·=·,. ·,·1,J , STA 51+70.54- /1 1=20/,' ! / 7255700!10 I / I lotAPl..EWOOO HElGHTS PARK ,,_ ~r . ;:>;:mt, ~~~ VICINllY MAP PROJECT DATA GENERAL P~RCEL NO.: 14575001-45 & 14...9500150 ADDRESS: 162ND A',£ S£ ,t Sf l"lJJH PU.CE ZONING: R-if(KJNG COJNTY) PRESENT USf; VACANT lt:4.1ER DIS~T: KJNG COONTf Wi'.mi' DISTRICT /9G SEMEN orsnacr: CITY OF flENfill,' Sl1E DEVELOPMENT TOTAL SITE J,,R£A PU8LJC S1RffT DEOCA 110N OPfN SPAa: 1RAC15' HfT OC'oflCl'"81.E ARE.A .JB9.99B SF (B.95 AC) 78.154 SF (1.79 AC) I02.E26 SF (2.36 AC) 209.218 SF (4.80 1'.C) ALLOWABLE NO. L015 J6 NO. lD1S PR0P0S£D 36 FRONT YARD (STRED) SfJBAQli'.: 10 rrrr SIDE YARD SCBACK: REAR YA8D Sf1BACI(: GI\RAC[ Sf18ACi(: AUX BUil.DiN(, HEIGHT: JIINIJIUJ,I LOT llfDIH; LEGAi. DESCRIPTION: HITT HID 20 FEET J5 Ff£T 30 FEET NOT TO SCA:.£ c·t · f -+ 1 y o. l'ieo,on P\onnir,Q [J\\1\sion j\l\'\ -5 ]U\) \Ri ,~ ~ ~11'¥!~ \g 1RAC15 5 J,ND 6,. 8WCK .f-CEDA.~ PN/K Ff\£ ACRE 1RAC7S. ACCORO!Nt; ro 1H£ Pf.AT THER!N R£Cl.:ffl)fD IN \oQ'..LJME 15 fT Pl.OS, P,_G£ 81, W KJNG COONTY. A~ ~ """"'"" ~ • I g ~ a ~ ~ ~ I iii 3: ~ ~ ~ . z; ~ 0 • <'. 0 j::: ~ Ci: en q z 0 w ~ >: 0 1--~ <( 0:: a:' ~ <( >-"' (!l a:: >-"' ~ ~ ~ ! ! 0:: w ll: co a:: Cl. :J = DR HORTON, INC. I i g 8 ~ x I ~ Ii 12910ll'.FI8r 1.AKE:11.\lll. tt.E.., SJ[ 100 KIRKI.AND,WA.98034 PHONE: (425)821-3400 FAX: (800) 1548-2308 CPIH CONSULTANTS 51.e1'nq•o.t~ t.ndllseCmi.Ci\l!•~~ Ye 50 "r' n•-.,nc••"""'•"·"'• 1====1 PlAN INFEET 1-="'"===~c------l ~ OAUBEFORE TOU QIG ,_......, ........ lfl.'la __ =·-- ""'5-UOOS --P1.00 __ 1_,. _1_ CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: October 8, 2013 To: City Clerk's Office From: Lisa M. Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Liberty Gardens Modification LUA (file) Number: LUA-13-000712, MOD Cross-References: AKA's: Project Manager: Rocale Timmons Acceptance Date: June 24, 2013 Applicant: Matthew Hough, CPH Owner: Jennifer Reiner, DR. Horton Contact: Matthew Hough, CPH PIO Number: 1457500145(main) & 1457500150 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Approved with Conditions Date: August 8, 2013 Anneal Period Ends: Auoust 22, 2013 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Modification to realign road. Location: SE of 162nd Ave SE and SE 140th Street Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. I Denis.law· . Mayor .. October 7; 2013 · · Jennifer-Reiner : DR Horton. 12910 Toteni Lake Bhid NE . · s~ite #22.0 Kirklahd,.WA 980.34 .·· .. Department of Community and Econ~mic be~elopment · . . . . . . CE."Chip"Vincent,Administrator .. SUBJECT; .· u·berty Gardens.Preiiminary Plat-·Modification Reconsideration Response. Li.JAB-000712, MOD.·· . . . . . . . . . . . Qear Ms. Reine~'. This office is in receipt of your rei:onsideraticin ~eque~t, dated August 2_2; 2Q13 (received · .. August 26, 2013); in \'Jhich you request~·d ~econ~ideration of a c:onditioh in the above- m~ntiqn~d Preliminary Plat Modifi~;tion decisio~ (att~ched). Younequ~st appears tCJ be in. regards to t~ndition #4 within the Report and Decision, dated August 8, 2013. . . • • • •• 0 4 .. The.applicant shaU provid~ a landscape pla~ to the Cu~rent Pla~~in.g Project · · -·•. Manager containing a lO'foot wid~ land~t~pe e_asernent and 6-foot,highwood . ''good neighb6r'.' fence pa~allel tol62nd an:d f64th,AveSE: .The l~ndstape plan · . shaU be appro~ed pri6r to construc~io~ permit ~pprnvaL, . . .· · . ·. '5pecifically you have requested the coriditiqn be revCsedJo: . .. . ._ : .... ' .. -. .·-.. ·. ' . ·,,· .. · The applicant shall provide a landsci:Ipeplan to the Current Pl~nning Project Manager ·.· . ·. containing ~ ioJoot ~ide landscap~ eas~ment ani6-foot high wo,od ;'goi:Jd neig 0 hbor'.! fence .. · . ~;rallel to 162nd and 164th Ave SE,abutting Lot; 1 and 11; and /J 2-foot _wide landsta~e .. . easement, in ;dditiont;o 1'-fooi of tands;api~g ;;;thin the right~oJ-way behindih~·sidewatk, · · along 164th A~e SE and 6-fdotc~darfence abutting Lots 12-20. The laHd~cape plan shal(be . . . •, . , . . -' ' . ·. __ . " . . · reviewed.rind approved by the Current Planning Project Manager:prior to.ci:mstructian permit· I ' , • , ' • • • , • . approval. . .· . . . .· : . . . . . . ' . -.· ,• .··. . . . ...... · . th .. · . : ... _ , .. The applicant contends that.a 10-foot landscape easement along 164 Ave SE, abutting.lC>ts . . -. . . . . . . . --: ' . -. . . . . 12-20 would require the construction ofa retaining wall a.nd ieduce the usable backyard . - Ren~on C(ty Hall _.•. 1055 _South Grady Way •. Renton,.WashingtC?h _98057 ·• _ rentcinwa.g~v .\ ... Jennifer Reiner . October 7, 2013 Page 2 ·on : -- space within the lots: The applicant has proposed a 5sfoot landscape strip betwe"eri the street . and thesidewalkwhich would likely ;rovide the needed vegetated separation betwe~n the _· street ~nd the deJelopmerit. The appHc~nt is also' proposing an additional 34oot wid; Ori-site _ landscape strip betw~enthesidewalk and the proposed fence which,e~ceedsthe landscaping code requirement ofthe vested King Cou"nty Code: Therefore, staff concurs wi.th the . . . . . . . . .applicant's contention and as aresult Condition #4 shaU be re~ised. _ I h~pe that.this clarifies thii concerns raised in yo~r letter.· kn~wappealperiod will · · .· wmm:nce upon i~suance of thisre:considerniion letterc: ' . --. . . The Liberty Garde~s P;eliminaryPlat Minor·Modification; File No. LUAB-000712, MOD, is approved . and·subject to the following co~ditions·. · · · -.-· 1. Prior to the applic~tion for th~Final Plat, 3 full siz~ cbpie~ and a 8 Y, xli.inch reduction bf a finai plat plan.shaU be submit_ted foihe Planning Divisio~ proiect manager;.·.· . 2. , The applicant is advised that all code requirements and conditions of plat apprcivai are still applicable to.the development of the site in addition to Mitigations.Measures._ --- issued as pa~t of the SEPA: Thi;! applicant should also urider:Sta~d that Environm.ental • .SEPA Review.may be required for future modifications to the-piat plan. . . --- 3C The applicant shall submit.a revised right-of-way plan, for 164th Ave SE, containing 35--- feet of right-of-way containi~gthe pubiic side',\/alk. Additionally, the plan °is required • . . . • • • . ·• .•... • . • • I ,·. • to depict a connection for 164th Ave SE through 'to SE 144th St. The .revised right'ofc · "way plan shalLbe submitted to, and approved by, the Development Services Plan --Reviewer p;ior to con~tructi~n p~rmit approval: · -·----. -_---.- 4: The a13l')licafit shall 13r9yiEle:a laRElsca13e 13laR te the C~rreiltPlaRRiRg Prsj~Et FflaRage(: . E0RtaiRiRg a lQ feet wiEle laRElse:aJ')e easeFReRt a~~ €i fest higR ..... eaEI good Reigl'llis~ -__ --_ .· feR~e J')arallelto 162REI a'REI ieqth ~.ye st The laREISE~Jile'J')laR shall ee a13~r~veEI ~risr _---. _-. to £0R5tF~EtiOR J')eFFRit a~13r0 11aL The applicant shall provide.a landscape plan to the, - .. Current Plaririing Project Manager containing a io-fccit'wi~e landscape"easeriient and. -6'foot.high wood "good neighbor" fence parallel to i62nd and 164th·Ave SE abutting Lots land ii and a 2-fo'ot wide landscape easement, in addition to.1-foot of · · · · ·• landscaping withinthe right-of-way b_ehirid the side0alk;' along 164th Ave SE and 6: . toot ~edar fence.abuttingLots ·12-20. The landscape plan, and fence elev~tions, shall_• be reviewed and approved by the Current Planning Project Manager prior to ·. -. constru.cti~n pe"rmita'pprmial. . . · _ ·-· _ . _ _ _ -. · . 5. A detail~d.recreation space plan, complying with KC_C 21A.14 shall be submitted for review and approval by the Current Planning Project Manager prior toconstru~tion permit approval. · · · · · · ' · -The new appeal period WiU be held op-~n until October 21, 2013 at 5:00 p.m. Renton --- Municipal tocie 5ection4~sciio.B governs appeal~ to the Hearing _EJ<aminer: _ Appeals must . . ' Jen.niter Reiner . October 7, 2013 · .Page3of3 .. ,_. .. ·. be fil~d in wrlting together with the required fee tci the Hearing Examiner, City of Renton,.- .•. 1055 South Grady Way,, Rento~, WA 98057. AdditibriaJ informa'tion regarding thE! appe~I .. ' ...• . . pr6c~ss mafbe obtai~ed from the City'Clerk's Office, Renton City Hall -7th Floor, (4i5) 430'. .. '6510. -;fthis cifficEican provide-any further assistance', please feeHi~e to contact th_e Project _· ' Manager,"lfocal~ Timrrlcins, ~t {425)430-7i19. . . . ·. -· . -·Sincerely,·. ···i·· i ·. l,A/J~ /i ,··· < ,, · .••••. · . uu::.,t• --~ --/fr.<-· . . • . _ _. ip'; Vinc~nt, CED Adrn,in;~tra~or .. · . cc:-. .-Jennifer Henning, Current Planning Manag~r • Rocale.Ti~rnC?~·~, ~eniOr. Pl.a~n~r .... · . Parties of Record · ·· .. File LUA13-000712, M,OD : '. ' . ; August 22, 2013 Chip Vincent, CED Administrator/Planning Director City of Renton I 055 South Grady Way Renton, WA 98057 Re: Liberty Gardens-LUA/3-000712, MOD RECEIVED AUG 2 6 2013 CITY OF RENTON PLANNING DIVISION Reconsideration of Approval of Minor Modification of an Approved Preliminary Plat Dear Chip, D R Horton requests a reconsideration of Approval of the Minor Modification of an Approved Preliminary Plat for Liberty Gardens as provided in RMC 4-8-110 E 2. D R Horton is the owner and developer of the plat. There are two items for which we request reconsideration. o First, we request that the reference to the use ofTDR's for this project be removed from the Summary of Request on Page 1 of the Approval. We are not proposing to utilize TD R's for this project. o Second, we request that Condition of Approval #4 under Section D. Decision be deleted. There is no basis in applicable Renton Code to support this condition and there is no nexus to require the additional landscaping and fencing along l 62"d and l 64'h Avenue SE. Please let me know if you need anything further from me to complete this request. I can be reached at 425-825-3186. Sincerely, J;t~~. ·. QwA0V Jcaoifo, Ref E. Land Entitlement Manager 12910 Totem Lake Blvd. NE, Suite 220, Kirkland, WA 98034 Office: 425-821-3400 Fax: 800-451-0443 DEPARTMENT OF co ... MUNITY AND ECONOMIC DEVELOPMENT . MINOR MODIFICATION OF AN APPROVED PRELIMINARY PLAT ~ APPROVAL D DENIAL EVALUATION FORM & DECISION PROJECT NAME: Liberty Gardens Preliminary Plat (LUAOS-093} PROJECT NUMBER:. LUA13-000712, MOD PROJECT MANAGER: Rocale Timmons, Senior Planner APPLICANT: . CPH Consultants 733 7'h Ave, Suite 100 Kirkland, WA 98033 ZONING DESIGNATION: King County R-4 PROJECT LOCATION: Southeast of 162nd Avenue SE and SE 140th Street SUMMARY OF REQUEST: The applicant is requesting a Minor Modification to the approved Liberty Gardens Preliminary Plat. The modification includes a revised lot layout, landscaping and utility plan. The original application, for 36 lots, was filed with the King County Department of Development and Environmental Services (KC ODES) for Environmental (SEPA) Review and Preliminary Plat approval (KC DOES File No. L04P0034) and was approved by the City on April 28, 2009. The 8.95 acre parcel is located within the City's Residential -4 (R-4) dwelling units per acre zoning designation; however, the project is vested to King County's R-4 zoning development regulations. The proposed density would be approximately 5.3 dwelling units per acre with the use of TD R's. The proposed lots would range in size from approximately 5,000 square feet in area to 11,088 square feet. Access to the lots would be provided via new internal looped road extended from 162nd Ave SE connecting to 164th Ave SE. A Class II wetland and Class Ill stream is located in the southeast corner of the property. Additionally a Class II wetland and buffer is located on northwest portion ofthe site within the unimproved right of way, 162nd Ave SE. The subject property was annexed to the City of Renton on August 11, 2008. Project Location City of Renton Department of Co1 nity and Economic Development Administratil, 1dification Request Report & Decision LIBERTY GARDENS PRELIMINARY PLAT MODIFICATION LUA13-000712, MOD Report of August 8, 2013 Page 2 of 6 I A. EXHIBITS: 1. Revised Plat Plan 2. Hearing Examiner Preliminary Plat/Appeal Decision, dated April 28, 2009 3. Comment Letter -Petrie 4. Comment Letter -Gragg I 8. FINDINGS OF FACT: 1. On April 28, 2009, the City's Hearing Examiner issued a decision on the subject preliminary plat which contained 9 conditions of approval and affirmed the ERC determination (issued on November 10, 2008) in part and reversed in part. Mitigation Measures 1-3, and 5 were affirmed (see Exhibit 2, Hearing Examiner Preliminary Plat/Appeal Decision, dated April 28, 2009) and Mitigation Measure 4 was reversed and removed from the determination. 2. The applicant, CPH Consultants is requesting changes to the approved Preliminary Plat in order to do the following: a. Provide a road connection from 162nd Ave SE to 164th Ave SE. b. Reconfigure Lots in order to accommodate new road layout. c. Revise right-of-way improvements to include: landscaping, vertical curbs, and sidewalks. d. Provide single family residential structures which comply with the residential design standards per RMC 4-2-115. 3. Lot Dimensions/Lot Layout: There are no minimum lot size or depth requirements in the KC R-4 zone. A minimum lot width of 30 feet is required. As proposed and demonstrated in the table below, all lots meet the requirements for minimum width. Area Area Net Area Lot lli(,.fLl Width Lot lli(,.fLl Width Lot lli(,.fLl Width 1 6,070 62 13 5,775 55 25 5,826 60 2 5,001 so 14 5,775 55 26 5,826 60 3 5,001 so 15 5,250 50 27 5,000 so 4 5,001 so 16 5,882 50 28 5,000 50 5 5,001 so 17 6,064 so 29 5,000 so 6 5,001 so 18 5,809 so 30 6,203 62 7 5,001 so 19 6,300 560 31 5,500 55 8 6,002 60 20 5,989 55 32 5,500 55 9 5,001 so 21 5,000 62 33 11,088 96 10 5,501 55 22 5,000 so 34 5,915 60 11 6,055 60 23 5,000 50 35 6,125 60 Liberty Gardens Modi/cation City of Renton Department of Co nity and Economic Development Administrath Jdification Request Report & Decision LIBERTY GARDENS PRELIMINARY PLAT MOD/FICA TIDN LUA13-000712, MOD Report of August 8, 2013 Page 3 of 6 1 12 1 6,147 60 24 5,000 so 36 6,372 63 4. Road Layout: While the applicant is vested to the King County Road Standards they have elected to improve the road sections with conformance to some of the City of Renton standards. Street improvements that exceed King County Road Standards include: vertical curbs; landscape planters between the back of the curb and some of the sidewalks within the plat; and on-street parallel parking. The proposal provides for a highly connective grid system and the conceptual design achieves better accessibility for both pedestrians and vehicles. 5. The proposed layout and cross section for SE 1401 h St and 163'd Ave SE meets City standards for residential streets. However, the proposed right-of-way width on 1641h Ave SE is 30 feet with a street section consisting of a paved 20-foot section, 5-foot wide planter and the 5-foot wide sidewalk is located within an easement. The 164'h Ave SE right-of-way is required to have a width of 35 feet which would contain the sidewalk within the public right-of-way. Additionally, 1641h Ave SE must comply with the Fire Department standards regarding turnaround, continuity, and secondary access which includes a connection through to SE 1441h St. Therefore, staff recommends as a condition of approval, the applicant submit a revised right-of-way plan for 1641h Ave SE, containing 35 feet of right-of-way which includes a public sidewalk. Additionally, the plan is required to depict a connection for 1641h Ave SE through to SE 1441h St. The revised right-of-way plan shall be submitted to, and approved by, the Development Services Plan Reviewer prior to construction permit approval. 6. The 162nd Ave SE right-of-way has a width of 60 feet. The half street paved width matches the 30-foot wide paved road for the neighboring Plat of Cavalla and tapering to a 20-foot wide road surface. Curb, gutter, a 5-foot wide landscaped planter, and a 5-foot wide sidewalk are proposed within 162"d Ave SE. 7. Drainage: A comment letter was received by an interested party (Exhibit 3) with questions related to the use of a vault as opposed to the proposed detention pond. The interested party contends there was a private agreement between the former and current owners of the subject property to provide a vault in place of a stormwater detention pond. The City would not require the applicant to provide a stormwater vault as long as the proposal complies with the applicable stormwater rules. The applicant has proposed a storm water facility which complies with the 2005 King County Surface Water Drainage Manual. 8. Street Lighting: Street lighting is required·on all public_ streets. A street analysis was not provided with the application materials. Therefore, staff recommends as a condition of approval the applicant is required to submit a street lighting analysis to the Development Services Plan Reviewer. The plan is required to be approved prior to construction permit approval. 9. Landscaping: The applicant did not provide a conceptual landscape plan with the modification materials. The neighboring property to the north, also developed by the applicant, includes a 10-foot landscape easement parallel to 162"d and 164th Ave SE containing significant landscaping and a good neighbor fence interior to the landscaping. Liberty Gardens Modi/cation City of Renton Department of Cot, .1ity and Economic Development Administrativ, ,dification Request Report & Decision LIBERTY GARDENS PRELIMINARY PLAT MODIFICATION LUA13-{)0071Z, MOD Report of August 8, 2013 Page 4 of 6 In order to provide continuity along the streetscape staff recommends, as a condition of approval, the applicant provide a landscape plan to the Current Planning Project Manager containing a 10-foot wide landscape easement and 6-foot high wood good neighbor fence parallel to 162"d and 164th Ave SE. The landscape plan shall be approved prior to construction permit approval. 10. Recreation: Per KCC 21A.14 residential subdivisions, more than four units, developed at a density of eight units or less per acre, are required to provide 390 square feet of recreation space on-site. The 36 lot proposal would require 14,040 square feet (36 lots x 390 square feet = 14,040 square feet) of recreation space. The applicant is proposing 20,914 square feet of active recreation space within the proposed recreation tract. A detailed recreation plan was not provided with the proposed modification materials. Therefore, a detailed recreation space plan, complying with KCC 21A.14 shall be submitted for review and approval by the Current Planning Project Manager prior to construction permit approval. 11. Critical Areas: A wetland is located in the southwest corner of the property and is associated with a small intermittent stream. There is another isolated wetland located offsite to the west of the northwest corner of the site. The Class II wetlands and Class Ill stream extend off-site into the unimproved right-of-way, 162nd Ave SE, at the southwest and northwest corner of the site. Per the 2004 County Critical Area Regulations a Class Ill stream is a non-salmonid bearing intermittent stream and requires a minimum 25-foot buffer. The standard SO-foot buffer for the Class II wetland is the encumbering buffer, rendering the stream buffer immaterial to the development of the site. As part of a sewer extension for the neighboring development to the north (Cavalla, LUA08-097) most of the unimproved right of way was cleared in 2012. As part of the clearing the developer impacted those critical areas within the right-of-way abutting the subject property. A mitigation plan has been submitted for the impacts. If the applicant intends on further altering the wetlands or stream, a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved, in accordance with KCC 21A.24 (2004), prior to the approval of the plat engineering plans. 12. Privacy: Staff has received a comment letter {Exhibit 4) related to the openness of the 162"d Ave SE corridor and the lack of privacy and increase in vandalism and trespassing since its clearing. The proposed modification would not exacerbate this situation. However, the City is working on an improvement project within this corridor which would include a pedestrian bridge over the existing stream and potential fencing along the corridor to delineate the right-of-way from private property owners in hopes of reducing vandalism and increasing privacy. Liberty Gardens Modifcation City of Renton Department of Co nity and Economic Development Administrati1 Jdification Request Report & Decision LIBERTY GARDENS PRELIMINARY PLAT MODIFICATION LUAJJ-000712, MOD Report of August 8, 2013 Page S of6 I C. CONCLUSIONS: The following table contains an analysis of the criteria outlined in RMC 4-7-080M· Criteria Criteria Met There is no decrease the aggregate area of open space in the X subdivision by ten percent {10%) or mare. There is no increase the number of lots in the subdivision beyond X the number previously approved. The proposal does not result in a violation of development X standards. The proposal does not relocate any roadway access point to an exterior street from the plat. X The applicant is not proposing the phasing of plat development. X The proposal does not increase significantly any adverse impacts or undesirable effects of the plat on the community or surrounding X area. I D. DECISION: The proposal satisfies 6 of the 6 criteria listed in RMC 4-7-080M for approval of modifications. Therefore, the Liberty Gardens Preliminary Plat minor modification, Project Number LUAB- 000712, MOD is approved and subject to the following conditions of approval: 1. Prior to the application for the Final Plat, 3 full size copies and a 8 Y, x 11 inch reduction of a final plat plan shall be submitted to the Planning Division project manager. 2. The applicant is advised that all code requirements and conditions of plat approval are still applicable to the development of the site in addition to Mitigations Measures issued as part of the SEPA. The applicant should also understand that Environmental SEPA Review may be required for future modifications to the plat plan. 3. The applicant shall submit a revised right-of-way plan, for 164th Ave SE, containing 35- feet of right-of-way containing the public sidewalk. Additionally, the plan is required to depict a connection for 164th Ave SE through to SE 144th St. The revised right-of-way plan shall be submitted to, and approved by, the Development Services Plan Reviewer prior to construction permit approval. 4. The applicant shall provide a landscape plan to the Current Planning Project manager containing a 10-foot wide landscape easement and 6-foot high wood good neighbor fence parallel to 162nd and 164th Ave SE. The landscape plan shall be approved prior to construction permit approval. S. A detailed recreation space plan, complying with KCC 21A.14 shall be submitted for review and approval by the Current Planning Project Manager prior to construction permit approval. Liberty Gardens Modi/cation City of Renton Department of Co. ,nity and Economic Development Administrati~ Jdification Request Report & Decision LIBERTY GARDENS PRELIMINARY PLAT MDDIF/CATION LUA13·00071Z, MOD Report of August 8, 2013 Page 6 of 6 c~\JL' J C.E. "Chip" Vincent, Administrator Department of Community & Economic Development The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on August 22, 2013. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -7th Floor, {425) 430-6510. If you have any further questions regarding this decision, feel free to contact the project manager, Rocale Timmons, at 425.430.7219 or rtimmons@rentonwa.gov. Liberty Gardens Modifcation PLAN REVIEW COMMENTS (LUA 13-000712:) ___ ,=::::=;:::::::;:::::::;;.- PLAN ADDRESS: APPLICATION DATE: 06/05/2013 DESCRIPTION: Modification to realign road. Engineering Review Fire Review. Construction October 08, 2013 Rohini Nair Ph: 425-430-7298 email: rnair@rentonwa.gov Recommendations: I have reviewed the application for the proposed road modification of the approved liberty Gardens plat. The following are my review comments: The proposed layout.and cross section for SE 140th Street and 163rd Avenue SE meets City standards for residential streets. The proposed ROW width on 164th Ave SE is 30' with a street section consisting of a paved 20 feet section with curb, gutter, 5' wide planter and 5' wide sidewalk within an easement. 164th Ave SE is required to have a ROW width of 35' to have the sidewalk also within the public right of way. 164th Ave SE must (meet with Fire Department approval regarding turnaround, continuity, and/or secondary access and) connect with the existing culdesac located south of the site. The street on 162nd Ave SE consists of a 60 feet right of way width. The half street paved width matches the 30' wide paved road in front of the Cava!la development (neighboring the proposed development) and tapering to be a 20' wide road surface. Curb, gutter, a 5' wide landscaped planter, and a 5' wide sidewalk are proposed on 162nd Ave SE. Private road as per City Standards require a 20' wide paved surface within a 26' wide access easement/ tract width. All streets must have minimum pavement layer thickness as per City standards. The sewer layout is conceptually okay provided that individual side sewers are used to serve lot 35 and lot 36. Central Plateau Interceptor Special Assessment District fee will be applicable on the development. Water service availability certificate has to be provided from Water District 90. Storm water facility is proposed as per the 2005 King County Surface Water Drainage Manual, Consider maintenance accessibility when locating the control facilities. Minimum 2' cover desired on storm pipes within the ROW. Minimum cover is 1' if Dl is used for pipe material. Stormwater BMP's must be used on the individual lots. Street lighting is required on the streets. A street lighting analysis is required to be submitted for review with the construction plans. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (induding garage and basements). If the dwelling exceeds 3,600 square feet. a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. A water availability certificate is required from King County Water District 90. 2. Fire department apparatus access roadways are required to be a minimum of 20-feet wide fully paved, with 25-feet inside and 45-feet outside turning radius. Fire access roadways shall be constructed to support a 30-ton vehicle with 322-psi point· loading. Access is required within 150-feet of all points on the buildings. Approved apparatus turnarounds are required for dead end roads exceeding 150-feet. Secondary fire and emergen~y access shall be provided to the proposed plat by extending the street (164th Ave SE) improvements (20-foot wide paving minimum) approximately 100-feet south of the southeastern most property lines. This roadway shall be open and unimpeded from any access barriers. Page1 of1 I ~,:'"%-:,_-.. --.---- ~- I -·"""'11:D- NQUir.J/:JIQOW 11/ld Al:iVNIWl13l:id ••rr SN30~'v'\) A.1~3811 ! i ""'!!_ ---~------••• ' ,' I t .-uEn.. l·i le:!..--_ i I Minutes APPLICANT: OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: fr o~c,..,u.., ~nvm-&-nxJ £)w.~lc.4Q April 28, 2009 OFFICE OF THE HEARING EXAMINER CITY OF RENTON ' Wayne Potter Barghausen Consulting Engineer 18215 72,. Avenue S Kent, WA 98032 David Petrie 811 S 273"' Court Des Moines, WA98198 Liberty Gardens Preliminaiy Plat/ Appeal File No.: LUA 08-093, PP, ECF Southeast of 162,. Avenue SE and SE 140th Street Requesting Preliminaiy Plat approval for the subdivision of an 8.95-acre parcel into 36 lots for the eventual development of single-family residences, with tracts for recreation, stormwater, joint use driveways and sensitive areas. Environmental Appeal of Mitigation Measures Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 10, 2009. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 17, 2009 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, March 17, 2009, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Project file (Yellow file) containing the original application, proof of posting, proofof publication and other docwnentation pertinent to the review of the oroiect. Exhibit No. 2: Vicinity Map IEX:ll-lJIBXT 2 .PAC-,./:=-I OF 30 July 8, 2013 Rocale Timmons Community and Economic Development Renton City Hall 1055 South Grady Way Renton, WA 98057 City or Rento Pi"" , n "' ,n,n" O'·v1·n· ~, · ' .::/On JUL 1 O 2D1J Subject: Liberty Gardens Preliminary Plat, LUA13-000712/LUAS08-093,MOD (KC File #L04P0034) Dear Ms. Timmons: This letter is my response to your letter, dated June 24, 2013, requesting comments on the subject Modified Application. I am the developer of the subject plat, working with both King County DOES and Renton Development over the past 11-years. I have employed DMP INC and Barghausen Engineers over this period. From the beginning, this plat has used a vault,f6r drainage;reterition, selected over a pond because it required only 21,810 sq. ft area. The pond shown on the Modified Plat consumes 33,848 sq ft. The advantages of a-vaLllt over a pond is a vault consumes less area; also the Recreation Tract in the Modifiei:l'Tract requires a sepafate 20,814 sq,ft;. The recreation area can be placed atop the vault lid, the area thus saved available for further increasing lot size. Another disadvantage of the pond is spurious growth of weeds and undesired trees requires maintenance. Since the vault is owned by the City, it is responsible for this maintenance. The pond also becomes a breeding ground for mosquito's. I had a bid from Hartley Associates of $427,000 for the vault; the pond costs about $200,000. The Liberty Gardens Plat approved by the City Council in May 2010 had a vault. As background to this matter, the Planning section of City government held a meeting circa 2002, inviting developers to participate. I was the only developer who showed up. In that meeting, the members of that group expressed the wish to develop the Renton Plateau to a higher standard, preferring larger lots, rejecting the use of Transfer of Development Rights (TOR), this practice trending toward R-6 density with smaller lots. The Planning group adopted R-4 density. The group also expressed a desire to offset the reputation that Renton was a blue- collar town/from its early development. ·· : : . ; 1··: ~ My work; with the two aforementioned government agencies to ·achieve a Preliminary' Plat Approval of Liberty Gardens, was to the R-4 standard. I sold Liberty Gardens to DR Horton in December 2012. Horton's Land Acquisition man (Kevin Capuzzi) told me that they intende is approved. !EXHIBIT 3 The average lot size with a pond drops from 7,000 sq ft. to 5,800 sq. ft. I talked (July 1) to Mr. · Hough (Horton Engineer) about vaults versus ponds. He pointed out that vaults became less popular with the recent decrease on lot value since the boom days circa 2008. He also acknowledged that vaults were coming back in popularity as lot values increase. What we do on the Renton Plateau will be there for 300 years or more. I urge you to persuade Horton to return to the higher lot standards of the Council-Approved version of Liberty Gardens. ;,'{!,. -~~--· ·-... . ... ' V''~f_,,1P/ 1·--. "'LP -; , Dave Petri~ · · · · -'-...__.,- Deyeloper Liberty Gardens 811 S 273'd Ct Des Moines WA 98198 253-946-6619 Rocale Timmons From: Sent: To: Subject: Dear Ms. Timmons: DONALD GRAGG Owner <graggandrea@centurylink.net> Monday, June 24, 2013 10:03 PM Rocale Timmons Liberty Gardens/Mindy's Place Thank you for speaking to me this morning regarding some of the problems that we have had to deal with in the name of "Development". Since they have put in this trail behind us which would be 162nd, we have had things taken, people taking short cuts through our yard, kids on bikes throwing sticks and rocks at our dogs, and just this past Friday night a car actually drove onto our property trying to get to this trail. If I had called the police as you recommended, they wouldn't have gotten here in time to catch them. The other problem is the water that is coming through our property. The erosion has doubled and with Mindy's Place it will just be more water to deal with. We have lived here since 1976, our kids played in these woods, the neighbors on our cul-de-sac have used our property to go into the woods. This we accepted because we knew who was coming thru. I am at wits end with the things that are happening in a place that we thought was our retirement home. l appreciate the time you gave me listening as I sounded off. If the City of Renton can help it would be appeciated. Regards, Don & Andrea Gragg 16046 SE 142nd Pl. Renton, WA. 98059 425-793-7370 IEXIHIIBIT 4 .• July 8, 2013 Rocale Timmons Community and Economic Development Renton City Hall 1055 South Grady Way Renton, WA 98057 City of Renton Piann/ng Division JUL 1 0 2013 Subject: Liberty Gardens Preliminary Plat, LUA13-000712/LUAS08-093,M0D (KC File #L04P0034) Dear Ms. Timmons: This letter is my response to your letter, dated June 24, 2013, requesting comments on the subject Modified Application. I am the developer of the subject plat, working with both King County DOES and Renton Development over the past 11-years. I have employed DMP INC and Barghausen Engineers over this period. i:,' ,\ :,~ ! . ,, ' . From the beginning, this plat has i:lsed a vault-fot-drafnage,reteritibn, selected over a pond because it required only 21,810 sq. ft area. The pond shown on the Modified Plat consumes 33,848 sq ft. ThEi'advantages of a-vaUlt over a pond is a vault consumes less area; also the Recreation Tract in the ModifiedTract requires a separate 20,81'4.sq,ft;. Thei recreation area can be placed atop the vault lid: the area thus saved available for further increasing lot size. Another disadvantage of the pond is spurious growth of weeds and undesired trees requires maintenance. Since the vault is owned by the City, it is responsible for this maintenance. The pond also becomes a breeding ground for mosquito's. I had a bid from Hartley Associates of $427,000 for the vault; the pond costs about $200,000. The Liberty Gardens Plat approved by the City Council in May 2010 had a vault. As background to this matter, the Planning section of City government held a meeting circa 2002, inviting developers to participate. I was the only developer who showed up. In that meeting, the members of that group expressed the wish to develop the Renton Plateau to a higher standard, preferring larger lots, rejecting the use of Transfer of Development Rights (TDR), this practice trending toward R-6 density with smaller lots. The Planning group adopted R-4 density. The group alsi:i'expressed a desire to offset the reputation that Renton was a blue-· collar town','from itll°early developm·ent. · · ,. ·-. · · ,1. ... :, ,; · · ·::·. • • :,·. • I l •;, ·.• >i, ;;•,, ', .~•;-• ·:, ,_, •. (",~· '. _" . My work; with the two afcirementioneid govern·ment agencies·to'achieve a Preliminary· Plat Approval of Liberty Gardens, was to the R-4 standard. I sold Liberty Gardens to DR Horton in December 2012. Horton's Land Acquisition man (Kevin Capuzzi) told me that they intended to develop the plat using a vault, as approved. The average lot size with a pond drops from 7,000 sq ft. to 5,800 sq. ft. I talked (July 1) to Mr. Hough (Horton Engineer) about vaults versus ponds. He pointed out that vaults became less popular with the recent decrease on lot value since the boom days circa 2008. He also acknowledged that vaults were coming back in popularity as lot values increase. What we do on the Renton Plateau will be there for 300 years or more. I urge you to persuade Horton to return to the higher lot standards of the Council-Approved version of Liberty Gardens. Dave Petrie Developer Liberty Gardens 811 S 273'd Ct Des Moines WA 98198 253-946-6619 .. Denis Law Mayor ml~ · Jurie 24, 2013 Department of Com.munity and.Economic Devel~pment Matthew Hough· CPH Consultants · 733 th Ave, Suite.100 Kirkland, WA 98033 SUBJECT: · · C.E."Chip"Vincent,Administrator . Notice of Complete Application· Liberty Gardens Preliminary Plat, LU~13-000712/LUA087093; MOD . (KC File #L04P0034) ' . Dear Mr. Hough: An application has beeri made to modify the. approved Liberty Gardens Preliminary Plat in order to ·provide an east/west road connection from 162nd Ave SE to 1641 h Ave SEan·d the reconflguratio~ of 36 lots .. The Planning Division of the City:of Renton has determined that the subject application is complete according to submittal. requirements and inh·erefore is accepted for review: .. The .riiinor modification is an -ac:lministrative decision and does not neces;itate a public hearing. However, we will ·be holding a two-week comment peri~d· for alL parties of record beginning·today . . If you have any further questions, please contact me at (425) 430-(219 0 · Sincerely, -~.·~~ . Roe le Timmons · . . · · Se ior Planner · cc: C.E. Vincent, Plannlng_Director ·Jennifer Hennirlg, Current Planning Manager · D.R. Horton/ Owner Parties of Record·, Renton City Hall • 1055 South Grady Way • Renton, Washington 9805_7 .·rentonw~.gov · Rocale Timmons From: Sent: To: Subject: Dear Ms. Timmons: DONALD GRAGG Owner <graggandrea@centurylink.net> Monday, June 24, 2013 10:03 PM Rocale Timmons Liberty Gardens/Mindy's Place Thank you for speaking to me this morning regarding some of the problems that we have had to deal with in the name of "Development". Since they have put in this trail behind us which would be 162nd, we have had things taken, people taking short cuts through our yard, kids on bikes throwing sticks and rocks at our dogs, and just this past Friday night a car actually drove onto our property trying to get to this trail. If I had called the police as you recommended, they wouldn't have gotten here in time to catch them. The other problem is the water that is coming through our property. The erosion has doubled and with Mindy's Place it will just be more water to deal with. We have lived here since 1976, our kids played in these woods, the neighbors on our cul-de-sac have used our property to go into the woods. This we accepted because we knew who was corning thru. I am at wits end with the things that are happening in a place that we thought was our retirement home. I appreciate the time you gave me listening as I sounded off. If the City of Renton can help it would be appeciated. Regards, Don & Andrea Gragg 16046 SE 142nd Pl. Renton, WA. 98059 425-793-7370 <CPH CONSULTANTS June 5, 2013 Ms. Rocale Timmons Associate Planner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Liberty Gardens Preliminary Subdivision---<PH Project No. 0035-13-008 City of Renton File No. LUA 08-093, PP, ECF Request for Approval of Revised Site Plan Ms. Timmons, Site Planning Civil Engineering Project Management land Development Consulting City of Ff PJ . entor, ann,ng 0 .. , 1v1sion JUN -5 2013 This correspondence is provided on behalf of my client SSHI, LLC to request approval of a revised site plan for the Liberty Gardens Preliminary Subdivision (City File No. LUA 08-093, PP, ECF). The revised plan is proposed to comply with the staff recommendations and Hearing Examiner findings of the project's previous preliminary subdivision approval and is provided in general accordance with Renton Municipal Code (RMC) 4-7-080(M), Plat Amendments. The following items are attached in support of the requested approval of the revised site plan, 3 -additional copies of this letter 3 -Preliminary Plat Map, current approved (Barghausen, 3/3/08) 3 -Preliminary Site Plan, revised (June 5, 201 3) 1 -Preliminary Site Plan, reduced 11 x 17 1 -Preliminary Site Plan, reduced 8.5x 11 Site Plan Revision The current site plan approved previously by the Hearing Examiner (HEX) for the Liberty Gardens Preliminary Subdivision provided primary access to the site at its westerly boundary from roadway improvements at 162"" Avenue SE. That plan had no roadway improvements proposed for 164~ Avenue SE. Subsequently, in response to additional staff and public comments resulting from appeals and reconsideration requests for the project, it was determined that 162"" Avenue SE should not be extended south along the westerly boundary of the site due to potential environmental impacts to existing streams and wetlands. Rather, it was determined that a public road connection should be made between 162"" and 164~. The primary purpose of the proposed site plan revision is to provide the required east/west public road connection to the 162"" Avenue SE and 164~ Avenue SE right-of-ways. This connection (SE 140~ Place) requires reconfiguration of the onsite roadway system in order to maintain thirty-six (36) single-family residential lots and convenient access to the onsite storm facility and recreation/open space amenities. A combined pond and recreation tract continues to be planned immediately adjacent to the open space tract in the southwesterly portions of the site. No increase in the allowed number of single-family residential lots or changes in previously approved storm and utility services are proposed with the revised site plan. 733 7th A,eaue, Su;1, 100 • Ki,kload, WA 98033 • Phoa" [425) 285-2390 • Fox: [425) 285-2389 www.cphconsulianls.com · Liberty Gardens Preliminari ,&division CPH Project No. 0035-13-008 Request for Approval of Revised Site Plan 162"" Avenue SE and 1641h Avenue SE Improvements June 5, 2013 Page 2 of 2 The Cava/la subdivision (King County file no. L06POOO 1) is located immediately north and adjacent to the Liberty Gardens site. It is a fully-built project that has improved both 162"" Avenue SE and 164th Avenue SE along its frontages as well as provided some limited improvements of those right-of-ways along the east and west boundaries of Liberty Gardens. The existing roadway improvements at the east and west frontages of Liberty Gardens consist ?f 20-foot wide gravel roads. The development of Liberty Gardens will extend the asphalt paved half-road improvement of 162"" Avenue SE south within an existing 60-foot wide right-of-way to the intersection of the new SE 140th Place. This half-street includes 20-foot paved roadway width with concrete curb, gutter, and sidewalk on the east side. A 5-foot wide landscape strip is proposed to separate the sidewalk from the back of curb with this frontage improvement. The improved 162"" Avenue SE will extend beyond the SE 140th Place intersection to create a hammerhead configuration which will focilitote emergency vehicle turnarounds. The existing gravel road extending south of here will remain to facilitate access lo the sanitary sewer and storm drainage facilities constructed with Coval/a. 1641h Avenue SE improvements for Liberty Gardens will extend the existing 20-foot asphalt pavement section at the northerly limit for the full frontage of the east boundary of the site in on existing 30-foot wide right-of-way. The improved section will include continuous concrete curb, gutter, and sidewalk on the west side of the roadway. The 5-foot wide sidewalk will be separated from the back of curb by a minimum 5-foot wide planter strip. The planter strip width is proposed to be reduced from the standard 8 feet to minimize the grading impacts that would result from connecting the existing topographic constraints at the east margins of the right-of-way as well as to fit the interim conditions created by the Cava/la subdivision. Our team's objective is to begin site development efforts on Liberty Gardens as soon as possible this summer in order to complete critical infrastructure and site grading efforts ahead of the wet weather season. As such, the proposed site plan revision is the basis of the final engineering design and construction plans which are currently underway. These final plans ore scheduled lo accompany a formal construction permit submittal to the City of Renton for approval within a few days of this site plan revision request. Your attention and prompt response to this request is appreciated. Please, contact me directly if you have questions or need anything further to complete your review and approval of this request. I appreciate your time and look forward to working with you. Thank you. Sincerely, Enclosures Cc: Mr. Kyle Lublin, SSHI, LLC Copy to File IRREVOCABLE LETIER OF DATE OF ISSUANCE: MAY 29, 2014 CREDIT NO.: LCA2998NY ADDRESSEE/ BENEFICIARY: CITY OF RENTON 1055 S. GRADY WAY RENTON, WA 98057 RE LIBERTY GARDENS APPLICANT: D.R. HORTON, INC. 301 COMMERCE STREET SUITE 500 FORT WORTH, TX76102 EXPIRY DATE: MAY 28, 2015 International Banking The Royal Bank of Scotland pie Connecticut Branch 600 Washington Boulevard Stamford, Connecticut 06901 Telephone: + 1 203 897 7619 Facsimile: + 1 203 873 3569 www.rbs.com/mib AMOUNT:$ 13,453.45 (THIRTEEN THOUSAND FOUR HUNDRED FIFTY THREE AND 45/100 UNITED STATES DOLLARS) WE HEREBY ESTABLISH OUR STANDBY IRREVOCABLE LETIER OF CREDIT ("LOC") IN FAVOR OF THE CITY OF RENTON FOR THE ACCOUNT OF D.R. HORTON, INC. WE ARE INFORMED THAT THE. PURPOSE OF THIS LETIER OF CREDIT IS FOR THE SECURING OF A PERFORMANCE BOND FOR WETLAND MITIGATION INSTALLATION SUBMITIED BY D.R. HORTON, INC. AS REQUIRED BY THE CITY OF RENTON. THIS LOC SHALL BE VALID UP TO THE AMOUNT ABOVE STATED. IT SHALL BE AVAILABLE BY A SIGHT DRAFT BY THE CITY OF MADISON DRAWN ON THE ROYAL BANK OF . SCOTLAND PLC ON OR BEFORE THE EXPIRATION DATE, IF ACCOMPANIED BY THE FOLOWING STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF RENTON REFERENCING LOC NUMBER LCA2998NY AND DATE: "THIS DRAFT IS MADE AGAINST THE ATIACHED LOC SUBMITIED TO THE CITY OF RENTON BY D.R. HORTON, INC. AS SECURITY FOR A PERFORMANCE BOND POSTED AS REQUIRED BY THE CITY. WE HEREBY CERTIFY THAT D.R. HORTON, INC. HAS FAILED TO SATISFACTORILY AND COMPLETELY INSTALL THE WETLAND MITIGTION IMPROVEMENTS IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR THE SUBDIVISION. FUNDS DRAWN UNDER THE ATIACHED LOC AND RECEIVED FROM THE ROYAL BANK OF SCOTLAND PLC WILL BE USED TO COMPLETE THE IMPROVEMENTS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS." WE HEREBY ENGAGE WITH BONA FIDE HOLDERS THAT DRAFTS DRAWN STRICTLY IN COMPLIANCE WITH THE TERMS OF THE LOC AND ANY AMENDMENTS THERETO ON OR BEFORE THE CLOSE OF BUSINESS ON THE EXPIRY DATE SHALL MEET WITH DUE HONOR UPON PRESENTATION TO THE ROYAL BANK OF SCOTLAND PLC AT OUR OFFICE LOCATED AT 600 WASHINGTON BOULEVARD, STAMFORD,CT,06901, ATIN: LETTER OF CREDIT DEPARTMENT. THIS LETIER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 ("UCP 600") AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT. IN THE EVENT OF CONFLICT BETWEEN UCP 600 AND A NON-MANDATORY (VARIABLE) PROVISION OF SUCH LAW, UCP 600 SHALL GOVERN. VERY TRULY YOURS, THE ROYAL BANK OF SCOTLAND PLC q~~4 Authorized Signatory · Matt\1ew Wilson RBS conducts Its U.S. securities business through RBS Securltles l~c., a U.S. registered tA~~~www.finra.org) and SIPC (http://www.slpc.org), and an Indirect wholly-owned subsidiary ofThe Royal Bank of Scotland pie. RBS is the marketing name for the securities business of RBS Securities Inc. · ·, ' RECEIPT EG00009262 BILLING CONTACT Matthew Hough CPH 737 7TH AVE , 100 KIRKLAND, WA 98033 REFERENCE NUMBER FEE NAME LUA13-000712 PLAN . Modification Technology Fee Printed On: 6/5/2013 Prepared By: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment Transaction Date: June 05, 2013 City Ol flenton Planning o· .. /V/sion JUN -5 lOb PAYMENT METHOD AMOUNT PAID Check #20519 $100.00 Check #20519 $3.00 SUBTOTAL $103.00 TOTAL $103.00 Page 1 of 1