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Home My WebLink AboutReport 1~--,,, :Jtimt:S:; l, FIU O:IST?N& 24" SlE£t PJH. l DMlN M.H. WJIB SANO DR CONCRiTE. ,. ,. 4. IU:MOVE EXISTING STEPS AT KEll' S9ILLIIAY AREA. :5. CROSS-SEtTl~ AA, BB. AND CC ARE ON SHEEl 11. PROf>OSED NE'II mmE CITY llQ!l POLE R£L0CATE:D SEAmE CITY LIGHT llltff: '--. --. -....._ C -................ . -15 S4R I .D. SEE SHEET 3 24"1 PIPE lNYE(ff ELEV. 214.50.(0IJf) TRACT 't", 2d tllAIM-200I CN'ACif!~SLAO: IIHl::N GATE 1S CLO'SE&--OruN IS Wt:LDED T.0 nlE M.H. ..... :w1 Gl«:Rnt PtPE" FROfl! -RETflUICJI P(l(O LE: 208.0' MKO Klll:L 150 · t,._J-= Tll2IOUT 6ATE 1B" DlAKflH ••. ~4• I f'IPE F1D1 sr~ !iAAUt" SYSTEM . -- ~_l.t;.~,00. STAINLESS STEEL ANCHat 8«.TS -jz•p I .D. talCRE.TE -~ l SHI P!PE (ALU1!.'M1) 1a·na· CROSS (Al.l#III~UM) wAJERJJ6HT GROtlf ·mstING 42"JI PIP( INVERT ELEYATUJI 206.3 tr .,.---:mv. 204.30 Cf+=---STEEL PLATE wm, 12.4' DIA. ORlFACE ~ 12" CCM'ACTED t<Pl• °" """' BASE FLOW RESTRICTOR / OIL POLWTION CON~OL MANHOLE DETAIL A OWIG£P 24" CROSS TO 18''. ORIFAcr R£Y1SED TO 12.4" [HA. REVISED PER C]TY or R£tmw REYJE\I REVISIONS NTS 4-16-79 I ICT. JJ,H. '79 'KAT 0.0.TE I 4Pl'flll>'M.· I ' ~i l, ;<;' s\'l-:.,1.J .... ~·" ~\ -N- ' ' <Ii, FIELD LOCAfE 9' NJDE Fl~ ACCESS LAPIE wmt 20'-lO"jl HELICAL PIPE t l-5~ MIN. SCOPE \'"!=ft OF S 23RD ST• \ ,... 11,."'I '\ . ..,\ ~,o,.- :,.'!i \ / / I ( r--...J ~- ('!!!,,_ . " I ~-I ~ ~214 /:! ~ . -~ r ~ 1 , , 'I -. : J. / b' 11111 1 A ( ' -.... \t ... , J ' I ( ,,,f/ \'4 I I 0 "' "' ,,.~ 11 ,_D! . J ~2 ,,• DETENTION POND GRADING 1,'l.,: ,~ (SEE OF SP!llilAV 23 ' (ELEvlm.o 1~· M2'·0" MJN. -----.- ; """ l'·O'' MtN. ROCK (fiUN. 4' FACE) MAX.IMU'I DES!liHED I/ATER .SURFACE IN POND J!iEE PARAGRAPH 6.l4t TYPICAL POND OVERFLOW DETAIL C l'tO SCALE SPILLWAY APPROVED BY, ~t~i ,~t:~'f/1 SECTIONS ON SHEET 11_) 5/8" DiA, '8ARS .. ·ro EXTENII- SCALE f':2rJ ht ,. .J " 3' IHSID.E PIP[ ANO . S,L!T C,N.P. I' WELD TD PIPE COUPLING) -• TOI' ANO BOTTOM. .I."~ SIDE ELEVATION REMOVABLE TRASH DETAIL B NO SCALE FACE~- \IELO 5(8" DIA. Altt!INIM MRS ':v~~E~·~:M~~~TI?oli?rn l CULV[RT 111111 SPllT C.M.P. END VIEW RACK ,?n~:-f/?r • CITRUST DEVELOPMENTS CORP £)t~, VICTORIA HILLS :.f~ HAUTAD ASIOCV~TIS INC o-·-STORM DRAINAGE -=-•"" DETENTION POND ~-® ~ .. /-2.S-f :·';1,:-~th.!,,,1,\~'!~'L ~& ""~'"'=···-:r·i,r.':"'f."'!',-.~~-r. .. ,_.:;,··_;:"'· *''.>l,,_;;s., .<A>·-~·8'?'1,~p, -'i',, .. ii.li!i? . """'-·' -~~·""t'.''"""--. ..,· .. ·-.,..~-~,.~-~···v· ·-_.,..,, ·,-~,·-"!~~,-,·,·:~"'-'-'-~k,,,_,. .. ~-.,_o;,.l-l'""'"-~Jc,,r.;:,·J'?"'~.'-;-;.~ .n;; ;;._.sa .t w .~•,<vs . , _ ~t-,1=.,11s"" _,..,.,,.._,,.,_ .• .,.,.,...,. • .,-~,.,, .. 111 <I d::>S:i!J. \11<rmdO(OH([ tflln J>91l1l1lld y :µ 9S"9lld SIUH llµOlOJA t \ ~ '% ¢ 3' ~ <::>_ ~ II fu 2 ~ s 5 I\) ~ .J : • • • P-1J2z, ........ .' . .. ·:·-~· ' ...• !'\ :., .. ·i ~ -·· ~ •. , I , .. ! ,, .. /; '• :.· ~ . .. t ' { ' "' \i \ .t ~~ cil, ' ' • .. ' () ~ J' -N I " -•W I ~. °' I ' I ~ I'' ' ' ' ' ' """ ' , • CITY OF RENTO~ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: January 14, 2014 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: Montclair Heights Critical Areas Exemption LUA (file) Number: LUA-13-001546, CAR Cross-References: AKA's: Montclair Heights Detention Pond Maintenance Project Manager: Jennifer Henning Acceptance Date: November 6, 2013 Applicant: Alyssa Adams, Manager, Montclair Heights Apartments Owner: Montclair Heights Apartments Contact: Missy Castaneda, Braddock and Logan Services, Inc. PID Number: 8898700000, 3376750000 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Approved with Conditions Date: November 6, 2013 Anneal Period Ends: November 20. 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: Montclair Heights Apartments, located at 2223 Benson Road South, requests to remove trees which are leaning over the existing detention pond (located on APN 889870000) in order to perform required maintenance activities. A Class 4 stream is present on the site, and oasses throuah the facilitv. Location: 2223 Benson Road South Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT · r City of . ____ __._.··· i er· ···1 r· r ·.:r·· ·1 c..!·~ .. ..;;,·._,-· _ L) __ PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE: PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: OWNER/ APPLICANT: CONTACT {if other than Owner): PROJECT LOCATION: PROJECT DESCRIPTION: CRITICAL AREA: November 6, 2013 Montclair Heights Critical Areas Exemption LUA13-001546, CAR Jennifer Henning, Current Planning Manager Alyssa Adams, Manager Montclair Heights Apartments 2223 Benson Road South Renton,WA 98055 Missy Castaneda Braddock and Logan Services, Inc. 4155 Blackhawk Circle, Suite 201 Danville, CA 94506 APN 88987000 The Montclair Heights Apartments is being required to conduct maintenance activities within the storm water detention facility. Several existing trees overhang the detention pond and would be removed. In addition, sediment along the bottom of the pond would be removed. An existing Class 4 stream is located within the tract that includes the storm water detention pond. Both the stream and buffer would be affected by the required maintenance work which would be conducted during November, 2013. Class 4 Unnamed Stream City of Renton Deportment of Co Montclair Heights nity & Economic Development Certificate o nption from Critical Areas Exemption LUA13-001546 November 6, 2013 Page 2 of 3 EXEMPTION JUSTIFICATION: Pursuant to RMC 4-3-0SOC.5, of the Critical Areas Regulations is hereby granted: X e. Roads, Parks, Public and Private Utilities: v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. X e. Roads, Parks, Public and Private Utilities: ii. Maintenance and Repair-Any Existing Public or Private Use: Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-0SOC.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the critical areas regulations is approved for maintenance of the storm detention pond within a Class 4 stream and buffer subject to the following condition: 1. Trees shall be retained as large woody debris in the stream/buffer corridor, where feasible. City of Renton Department of Co nity & Economic Development Certificate of Montclair Heights Critca/ Areas Exemption DATE Of PERMIT: November 6, 2013 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C,£. U \_ C.E. "Chip" Vincent, Administrator Department of Community & Economic Development ption from Critical Areas Regulations WA13-001546, CAR Page3of3 11/r.. / ?Pl 1 Date The above land use decision will become final if the decision is not appealed within the 14- day appeal period (RCW 43.21.C.07S(3); WAC 197-11-680). APPEALS: An appeal of this administrative land use decision must be filed in writing together with the required fee to the City of Renton Hearing Examiner, City of Renton, 10S5 South Grady Way, Renton, WA 98057, on or before 5:00 p.m., on November 20, 2013. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. EXPIRATION: Five (5) years from the date of decision {date signed). Montclair Heights Drainage Facility CAE Notes None 260 0 1: 3 ,117 0 1 30 WGS_ 1984_ W eb_Merc ato r _Auxiliary_Sphere 26 0 Feet City of Renton ® Finance & IT Division Legend 0 C ity and County Labels C ity and County Boundary Other [j Cily of Renton Parcels Environment Designations O Natural O Shoreline High Intensity O Shoreline Isolated High Intensity Shoreline Res identia l Info rm ation Tech nology -GIS RentonM ap Support@Rentonwa.gov 11 /6 /20 13 3 4 This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on t his map may or may not be accurate, current or otherv .. ise reliable THIS MAP IS N OT TO BE U S ED F OR NAVIGATION Montclair Heights REQUEST FOR CRITICAL AREAS EXEMPTION (FOR SEPA EXEMPT ACTIVITIES) City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Applicant Name Project Name rv11ss Ctf?~vwdti-A,. ntt!Jtt,!R. l-ft1l/1fs Pa~Nu ber Project Addre Brier Description of P~ject . _ O'j W K.ti1'1cvt,, ty..U'?_Jt11,ni111 cv.er_ tUk11flnt p(}nd tl11c{ r.t..11101/jl/ DP 9.dt mtrtf ciLo--KfJ bo-/to1n cf ft/lei~ fl l??jt-0(.:ckd 0tr t14, m i',<_ ,s,,;e 7 t/"J V{) t{ j1,_ ·-f1...p ·fu 1 l . ' . I ,, :3 . ,y;. 1 S n:1-Dn Lu A: 0 Work Occurs in Critical Area D WOf'k Oc:ctJrs in Buffer PURPOSE: Exempt activities provided with a letter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator). APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may Le exem"', , , ,,, ; , the critical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Planning Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4-3- 0SOC, J, L. and N. I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: D Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC .; • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City D Research and Site Investigation: • Nondestructive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. 0 Agricultural, Harvesting, and Vegetation Management: -6- C:\Users~tclaiMppData\Local\Microsoft\Windows\Temporary lntemet Files\Conlent0utlook\OUWUACR9\critareasex:empt.doc 06/09 • Harvesting wild foods • Existing/Ongoing agricultural activities ' • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist D Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations 1 2 3 • New or modified regional stormwater facilities ' 2 3 • Flood hazard reduction 1 3 4 6 D Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critical Area and Buffer • • Maintenance, operation. and repair of existing parks, trails, roads, facilities, and utilities 1 2 Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right-if-way or easement 1 2 • • Modification of existing utilities and streets by 10% or less 1 2 5 Mana~ement and essential tree removal for public or private utilities, roads and public parks Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands 1 2 3 4 5 • Temporary disturbances of a wetland due to construction activities that do not include permanent filling 1 2 3 5 D Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures ' 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed 1 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure 1 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-1 O RMC 1 D Emergency Activities: • Removal of trees or ground cover by a City department, agency, public, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at .http://apps.ecy.wa.gov/opas/ -7- C:\Users\montclainAppOata\Local'iMiaosoft\Windows\Temporary Internet Files\Contenl0utlook\OUWUACR9\critareasexempt.doe 06/09 • I, the undersigned, declare under penalty of perjury under the laws of the State of Washington, that to the best of my knowledge the abov7 informati~~ is true and complete. Applicant Signature: t J 0 0$ 0 4-Wllea::t_,.-----Date: /0 · 30 I? D Exemption Granted C.E. 'Chip" Vincent, Planning Director Planning Division Signature:---------------- Conditions of Approval: 'Exemption does not apply in Aquifer Protection Araas 'Exemption does not apply in Flood Hazard Areas 3 Exemption does not apply in Geologic Hazard Araas 4 Exemption does not apply in Habitat Conservation Araas 5Exemption does not apply in Straams and Lakes: Class 2 to 4 6 Exemption does not apply in Wetlands -8- D Exemption Denied Date:--------- C:\Users\rnontdaiMppData\local\Mietosotl\Windows\Temporary Internet Flles\Content.Outtook\OUWUACR9\Critareasexemptdoc: 06/09 v,e.ru.fll/t tlL.S / /10,,J1Cf_/rffc_ !+( 5; 5 TOIZJ'1. w .,t-Tc!c b CJ~fVT/ON fcNJ) (--kt 1 /.. I r:;t MAINTENANCE CORRECTION REPORT Report Date: April 16, 2013 Facility Site: Montclair Heights Stormwater Facility: Detention Pond (Facility ID# 145407) Within 60 calendar days from the date of this letter, all required maintenance actions listed below are to be completed, and this Maintenance Correction Report signed and returned to Edward Mulhern, Utility Systems, City of Renton, 1055 S Grady Way, Renton WA 98057, or fax to 425-430-7241. Following receipt of your signed Maintenance Correction Report, we will schedule a fallow-up inspection to ensure compliance with the Maintenance Correction List. REQUIRED MAINTENANCE ACTIONS • Control Structure Catch Basin: Remove all sediment and debris from the catch basin bottom. Remove all nuisance weeds (i.e. blackberries and scotch broom) and trees from within 10 feet of catch basin structure. • Control Structure Catch Basin: The metal rim grout has failed. Center the metal rim over the catch basin manhole opening and grout rim securely to concrete catch basin lid. • Control Structure Tee: Control tee is not securely attached to structure wall. Anchor tee section securely to structure wall with 3" X 0.090 gage support strap bracket(s) -maximum 3'-0" vertical spacing. • Detention Pond inlet/outlet pipes: Remove any debris, sediment accumulation and vegetation (including willows, and cattails) from below high water line, within a distance of 10 feet radius of the detention pond inlet and outlet pipe openings. Remove any sediment or debris from within the pipes. The intention is to prevent clogging or blockages of the pipes. • Facility Vegetation: Remove all nuisance weeds (i.e. blackberries and scotch broom). Thin trees to a spacing that allows access for facility inspection and maintenance activity. Remove trees that threaten the structural integrity of the pond side slopes. Remove vegetation from the rocked overflow spillway. • Facility Fence: Repair weakened, da.maged, rotted and/or missing wood fence sections and posts. Cover all wood parts with a protective coating, i.e. paint or stain. Fence posts should be structurally sound and vertically plumb. Fence post foundations should be capable of supporting posts in strong wind. Alternatively, replace wood fence with a 6 feet high cyclone fence -ensure that posts a t plumb. .J- J-04d ~lh..{ · .{ ecJ~ /1~ d~ I, the undersigned, do hereby certify that the materials have been furnished and properly installed, the services rendered, and the necessary labor performed as described in the above list of Required Maintenance Actions. Facility Owner/Representative Name---------------------------- Representative's Signature --------------------Date Service Provider Information: Business Name Printed Name of Representative ----------------------------- Representative's Signature --------------------Date Edward Mulhern From: Sent: Missy Castaneda [mcastaneda@braddockandlogan.com] Friday, September 06, 2013 11 :52 AM To: Edward Mulhern; Ronald Straka; Gary Fink; markpiff@gmail.com; elaine.goodman@comcast.net Cc: Montclair Heights Subject: Detention Pond Good morning, I wanted to give everyone a status update. The first portion of the storm drain clean-up happened earlier this week, and drainage capacity is at 90% for the two main catch basins. On 9.10 and 9.11 the remaining five catch basins will be addressed on the main drainage line to the detention pond. Between 9.10-9.13 the vegetation (sticker bushes, blackberries, scotch broom) will be removed from around the detention pond. Additionally, there are trees that will removed so that the root systems are not interfering with the detention ponds drainage. The fence and garbage will also be removed at this time. Once the area is clear our vendor will be able to access the detention pond and perform clean-out and any repairs that may be needed. We anticipate that this work will be completed by 9.30.13. This will take care of the issues that need to be addressed this year. A schedule will be completed for continued maintenance and clean-up in 2014. I am available via email should there be any follow-up questions. Regards, Missy Castaneda • Regional Manager Braddock & Logan Services, Inc. 4155 Blackhawk Circle Suite 201 Danville, CA 94506 visit us@ www.braddockandloganhomes.com 1 Edward Mulhern From: Sent: To: Cc: Subject: Attachments: ·--·---- ' ""' Alyssa Adams Edward Mulhern Thursday, September 05, 2013 1 :26 PM ------:0> 'montclairheights@braddockandlogan.com' · Ronald Straka; Gary Fink Montclair Hgts. -Drainage System Maintenance Montclair Heights Stormwater Detention Facility -Maintenance Correction Report Montclair · s Manager Hello Alyssa, This is follow-up to our conversation this morning. Thank you for updating me on the actions Montclair Heights is taking to immediately address maintenance of the apartments' storm water drainage system, to include: ~ Inspection and any required maintenance of the entire stormwater conveyance pipe and catch basins that connects the parking lot stormwater drainage system to the detention pond below, (Facility ID #145407). ~ Completing required maintenance of the detention pond (Facility ID #145407). ~ A maintenance schedule for cleaning all the parking lot stormwater catch basins. It is my understanding that Montclair Heights is actively arranging with a contractor to do this work. Please reply to this email to provide the Surface Water Utility with a schedule for completing the maintenance work. Attached is my April 16'\ 2013 email to Montclair Heights that included the Maintenance Correction Report for the stormwater detention pond (Facility ID # 145407). That report gives 60 days from the date of the report to complete all required maintenance. Sincerely, Edward Mulhern Civil Engineer III City of Renton I Public Works I Surface Water Utility 1055 S. Grady Way I 5th Floor I Renton, WA 98057 Direct: 425.430.7323 FAX: 425.430.7241 1 Renton: Proposed Regulations of Non-Exempted Activities in or Abutting Class 2 to 5 Waters Standard Buffer: 100 feet Buffer Use Restrictions & Maintenance Requirements Stamlard Stream/Lake Recom,ai.ssance Standard Buffer: 75 feet Buffer Use Restrictions & Maintenance Requirements 1--· Standard Buffer: 35 feet Buffer Use Restrictions & Maintenance Requirements ---------------------------------------------- Alternative Standards Proposed Alterations Supplemental Study Including Mitigation Pia~ as Appropriate Buffer Width Changes Reduced Buffer Class 2: 75' Class 3: SO' Class 4: 25' Sites Separated from Waterbody: Based on Study Averaged Buffer 50% of Standard No Less than 25' Variance Uses or Activities Transportation Crossings Utilities In-Water Strucrures/Work Dredging Stream Relocation CLASS 2,3 or 4 Increased Buffer Possible: High Blowdown Potential Protected Slope, Very High Landslide Hazard I ~ 1 Exemptions Summon· I Require exemption letter, report, & enhancement or mitigation p]an. Conservation/enhancement Existing agriculture/ vegetation management Surface water facilities Modification existing utilities, streets, parks Existing uses maintenance/ modification including single family Trails and open space Emergencies L... ------------ Jennifer T. Henning From: Sent: To: Cc: Subject: Attachments: Categories: Ronald Straka Tuesday, November 05, 2013 4:16 PM Gregg A. Zimmerman Edward Mulhern; Richard W Marshall; Jennifer T. Henning; Lys L. Hornsby FW: Letter from Victoria Hills HOA re: VHHONMontclair Apts/First City Development & drainage problems in neighborhood 20131104145357519.pdf; Apartment_agreement.pdf; Record of Events (highlighted).docx; Monclair Hgts. Dentention Pond.pd!; RE SECOND NOTICE -Montclair Hgts. Pond Maintenance (Critical Areas Excemption Required) Red Category The following is some background information to update you on recent correspondence with the Montclair Apartments regarding the maintenance of their storm water facility and other background information related to the Victoria Hills HOA letter to the Mayor. The Surface Water Utility has been working with the Montclair Apartments representative to get the required City Critical Area Exemption needed for them to perform the maintenance of their stormwater facility. Maintenance of their storm water facility cannot be started until the City approves a Critical Area Exemption. The CAO exemption was provided to the City on October 31, 2013 and is currently being reviewed by CED (see attached email). Our expectation/assumption is that they will proceed with completing the required maintenance, once they obtain the Critical Area Exemption. Attached is a record of events regarding the drainage problems due to the lack of maintenance of the Montclair Apartments stormwater facility that summarizes our ongoing correspondence regarding the need for maintenance. Attached is a copy of the February 6, 1989 agreement between the City and First City Developments Corporation referenced in the Victoria Hills HOA letter (also attached). A map of the area draining to the Montclair detention pond is also provided for your review. The information is being provided for use in determining the course of action to take in response to the Victoria Hills HOA letter to the Mayor. Thanks Ron Straka, P .E. Surface Water Utility Engineering Supervisor x7248 -----Original Message----- From: Gregg A. Zimmerman Sent: Monday, November 04, 2013 3:58 PM To: Ronald Straka; Lys L. Hornsby; Richard W Marshall Subject: FW: Letter from Victoria Hills HOA re: VHHOA/Montclair Apts/First City Development & drainage problems in neighborhood FYI 1 Gregg A. Zimmerman, P .E. City of ~enton fublic Works Department Administrator 1055 South Grady Way, 5th Floor Renton, WA 98057 Phone: (425) 430-7311 Fax: (425) 430-7241 E-mail: gzimmerman@rentonwa.gov -----Original Message----- From: Jay B Covington Sent: Monday, November 04, 2013 3:24 PM To: Larry Warren Cc: Gregg A. Zimmerman; Chip Vincent Subject: FW: Letter from Victoria Hills HOA re: VHHOA/Montclair Apts/First City Development & drainage problems in neighborhood Larry, I'm forwarding this letter along to you as well, since you were here in 1988-1989 and I'm sure remember this development (Gregg and I got here in 1990, but I know folks were still talking about it). Is there really nothing the City can do to get First City's successor (as I recall, they went bankrupt over the Black river corporate development) to honor their drainage covenant? Jay -----Original Message----- From: April Alexander Sent: Monday, November 04, 2013 3:02 PM To: Jay B Covington; Gregg A. Zimmerman Subject: FW: Letter from Victoria Hills HOA re: VHHOA/Montclair Apts/First City Development & drainage problems in neighborhood Mayor asked me to send you a copy of this letter ... april -----Original Message----- From: PDECopy Sent: Monday, November 04, 2013 2:54 PM To: April Alexander Subject: This E-mail was sent from "MayorsOffice" (Aficio MP 4000). Scan Date: 11.04.2013 14:53:57 (-0800) Queries to: pdecopy@rentonwa.gov 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. 2749 Amends Ordinance No. 2656 , 2742 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PERMITTING A MAJOR MODIFICATION TO THE VICTORIA HILLS FINAL PLANNED UNIT DEVELOPMENT (FPUD 042-85) BY EXTENDING THE COMPLETION DATE, ESTABLISHING CONDITIONS, AND AMENDING RESOLUTIONS NOS. 2656 AND 2742. WHEREAS, Resolution No. 2656 passed by the City Council on July 14, 1986 approved the Final Planned unit Development for Victoria Hills; and WHEREAS, Resolution No. 2742 passed by the City Council on October 3, 1988 amended the approved final planned unit development; and WHEREAS, a determination has been made that a proposed modification to the final planned unit development, as modified, would be in the public interest; and WHEREAS, the City Council of the City of Renton has reviewed and approved a document entitled Agreement Between the City of Renton and First City Developments Corporation Establishing Conditions, Deadlines, and Penalties for the Completion of FPUD 042- 85 (First City Developments Corporation -Victoria Hills) and has found that document to contain the necessary terms and conditions of a major modification to the final planned unit development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTION I. The final planned unit development approved by Resolution No. 2656 as amended by Resolution No, 2742 is hereby amended by incorporating into the approved final planned unit development the document entitled Agreement Between the City of 1 RESOLUTION NO. 2 Renton and First City Developments corporation Establishing the Conditions, Deadlines, and Penalties for the Completion of 042- 85 (First City Developments Corporation Victoria Hills) and adopting the terms and conditions thereof as terms and conditions of the final planned unit development. PASSED BY THE CITY COUNCIL this 6th day of February, 1989. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 6th day of February, 1989. Lawre Res.47:12-02-88:as. 2 REQUEST FOR CRITICAL AREAS EXEMPTION (FOR SEPA EXEMPT ACTIVITIES) City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Applicant Name fv11SS {ii"?tzlJUttlL Parcel Nu ber Brief Description of Pr~ect • . {?) ((Q ~~:rJC~1& fY-U'? _ 1/.t'tYl 111.j CY.f,'., (M.,t(rtf7l7,t,. f{}Y7t:1 fl:1t{ r-t./'J1Ll Vil( Or !1dlmli1.l (llff}ffJ bLl-/RrJ7 of fallcl. fl !PJt,l,LK-/cd' Stre'tl m 'a ~s, ·fj,iV{!l( . l'l ·f0 ·w1l d-i . I PURPOSE: Exempt activities provided with a Jetter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator). APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may be exempt from the critical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Planning Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4-3- 0SOC, J, L, and N. I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: O Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC ; • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City 0 Research and Site Investigation: • Nondestnuctive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. 0 Agricultural, Harvesting, and Vegetation Management: -6-06/09 C:\Users\montdaiMppDatai\Locaf\Microsoft\Windows\Temporary Internet Files\Contenl0utlook\OUWUACR9\cmareasexempt.doc • Harvesting wild foods • Existing/Ongoing agricultural activities 1 • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist D Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations 1 2 3 • New or modified regional stormwater facilities 1 2 3 • Flood hazard reduction 1 3 4 6 D Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critical Area and Buffer • • Maintenance, operation, and repair of existing parks, trails, roads, facilities, and utilities 1 2 Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right-if-way or easement 1 2 • • Modification of existing utilities and streets by 10% or less ' 2 5 Mana~ement and essential tree removal for public or private utilities, roads and public parks Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands 1 2 3 4 5 • Temporary disturbances of a wetland due to construction activities that do not include permanent filling 1 2 3 5 D Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures 1 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed 1 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure 1 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-1 O RMC 1 D Emergency Activities: • Removal of trees or ground cover by a City department, agency, public, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at .http://apps.ecy.wa.gov/opas/ .7. 06/09 C:\Users\montdaiMppData\Local\Microsoft\WindO'NS\Temporary Internet Files\Content.Outlook\DUWUACR9\critareasexempt.doc D Exemption Granted C.E. "Chip" Vincent, Planning Director Planning Division Signature:---------------- Conditions of Approval: 'Exemption does not apply in Aquifer Protection Areas 2 Exemption does not apply in Flood Hazard Areas 'Exemption does not apply in Geologic Hazard Areas 4Exemption does not apply in Habitat Conservation Areas 5Exemption does not apply in Streams and Lakes: Class 2 to 4 "Exemption does not apply in Wetlands -8- D Exemption Denied Date: ________ _ C:\Users\montdaiMppData\Local\Microsott\Windows\Temporary Internet Flles\Content.Outlook\OUWUACR9\cfitareasexemptdoc 06/09 L . ' ')l ictoria J-{£{{s J-{omeowne.r's .'Association 17200 116"' AVE SE #58272 Renton, WA 98058 RECEIVED NOV O 4 2013 MAYOR'S OFFICE November 1, 2013 Mayor Denis Law Renton City Hall 1055 S. Grady Way Renton, WA 98057 Dear Mayor Law, I am writing to you on behalf of a number of homeowners in Victoria Hills HOA. A persistent situation resulting in flooding of several homes and yard property damage has not been resolved even after an ongoing series of communications between homeowners, the City of Renton and the owners of the Montclair Heights apartments over several years. The situation has been exacerbated again due to the recent heavy rains. •, The agreement between the City of Renton and First City Developments Corporation dated February 6, 1989, specifically paragraph XV and the letter dated September 19, 1988 from Don Erickson, Zoning Administrator to the Renton City Council, specifically paragraph 2 on page 4, document the City of Renton's position that First City was responsible for A) developing a means to control the runoff from the hillside and B) maintaining the retention pond on VHHA property. The terms of paragraph XV in the February 6, 1989 letter document that responsibility for maintenance of the retention pond will pass on to any and all future owners of the First City property. In a number of recent emails and phone conversations with Surface Water engineers working for the City of Renton Public Works Department and the current managers for the Montclair Heights Apartments, Braddock & Logan Services, Inc., a California Company, Victoria Hills homeowners have been told a number of things including: ' • The City of Renton does not have the "teeth" to compel the current owners of the apartment to comply with this agreement. • That the homeowners may sand bag their properties with sand bags available at the City of Renton Public Works Department, without regard to the fact that the residents are elderly and not physically able to do this. • A representative for Braddock & Logan Services noted In correspondence that, "Our owners were never made aware of any requirement regarding the detention pond below Montclair Heights as part of the purchase of the property, ... the City of Renton has stated that the detention was never maintained (or required to be maintained) by the City of Renton to any of the previous Owners." Page 1 of2 • . . Given the ongoing flooding taking place as a result of runoff from Montclair Heights, the demonstrable inadequacy of the storm drains, drainage systems, retention/detention ponds, and erosion co"ntrol devices, and the continued adverse effects to property infrastructure and values continues unabated, Victoria Hills HOA requests that the City of Renton enforce the intent of these documents and require the current owner of Montclair Heights to remedy the flooding suffered by the residents of Victoria Hills. I think that this situation can be resolved. All pertinent documents are in the possession of the City of Renton. Please advise me and the Victoria Hills HOA Board as to the next steps that you would propose in order to bring a satisfactory resolution to this situation which continues to degrade property infrastructure and values in our neighborhood. -L~ ~ark Carter-Piff ~ President, Victoria Hills HOA Board VJ' I Page 2 of 2 CAG-006-89 AGREEMENT BETWEEN THE CITY OF RENTON AND FIRST CIT!' DEVELOPMENTS CORPORATION ESTABLISHING CONDITIONS, DEADLINES, AND PENALTIES FOR THE COMPLETION OF FPUD 042-85 (FIRST CITY DEVELOPMENTS CORPORATION-VICTORIA HILLS). This agreement is made and entered into this ..2!!L day of February, 1989, by and between the -City of Renton and First City Developments Corporation,. and Victoria Hills I Limited Partnership collectively referred to herein as "Developer."· I. Introduction. The project being developed by First City--Developments Corporation is a second phase of a planned -unit development (POD} which first received City of Renton approval more· than ten years ago. Victoria Hills I Limited Partnership is the underlying property owner. The first phase of the development was a single- family dwelling plat. The second phase of the development is a multi-family condominium or apartment complex. Final POD approval for this project was obtained on July 14, 1986, pursuant to Resolution No. 2656 (FPUD-042-85). Because of the topography of the -site and extremely heavy rainfalls, the City of Renton stopped work on the site and extended the completion date of the project.~ The city· was approached by the developer, or a proposed successor . in interest, one or more · times to amend the final PUD. The City Council declined to permit those modifications . Subsequentl,y, to partially alleviate concerns expressed by the _ single-family neighbors,_ the developer proposed and the City Coun_cil approved, an amendment ta the final PUD by Resolution No. 2742 adopted on October 3, 1988. That resolution adopted specific amendments to the final POD subject, however, to specific conditions. Those conditions were to be accomplished an or before January 14, 1989, and if so accomplished, the time to complete the final PUD would be extended to January 14, 1990. Those conditions were not accomplished on time. The site is presently partially developed with incomplete structures, devegetated slopes, and other conditions detrimental to the public safety, health and welfare. This agreement attempts to establish firm terms and conditions under which the final PUD may be completed. II. Transition. A •. Lessening of Density. In order to provide a better transition between the adjoining single-family homes and this more dense multi-family development, the following buildings will have a floor eliminated and new building plans will be submitted for the buildings which AGREEMENT RE VICTORIA HILLS PUD -l have been reduced in height. Those buildings are: A-17, A-21, and B-16. Buildings A-14, A-22, B-2, and B-3 are eliminated. With the elimination of these additional floors and the elimination of the buildings, and the corresponding elimination of certain housing units, the density on the site will be less than that which would be permitted under an R-2 density category under the_ city zoning code. Those buildings that are the closest to the single-family homes are those which have been reduced in height or eliminated. The total number of housing units permitted under this agreement shall be a maximum of 175, which includes the relocation of two buildings. The developer shall have the right to locate two further buildings on the site, ·but those buildings shall be located in the center or east side of the project, removed from the single- family neighborhood; For the purposes of this agreement, the two additional buildings shall be considered part of Phase II for timing as discussed in paragraphs III.Band III.C below. Additionally, the developer shall have the right to adjust any of its buildings presently containing three stories and designated as an "A" building to a two-story building. For buildings A-17 and A-21, the developer may lessen the housing units from six units to five units per building. However, the developer, by making such reduction, shall not be permitted to change the units to single bedroom or studio units. B. Timing for Building Permits. Reduction in height of the buildings requires submission of plans and requests for new building permits. It is anticipated that the developer will require one month to prepare and submit those plans. It is anticipated that the review process by the city will take one to two months. If the developer files his building plans for these shortened buildings within one month of approval of a resolution adopting this agreement, and the plans are substantially complete, and the building permits are issued within one month of the submission of the plans, then the shortened buildings shall be completed within the time-lines for Phase I of this project, as detailed below. If the developer submits substantially complete building permit applications within one month , of adoption of the resolution adopting this agreement, and the city takes more than one month to issue the building permits, then the developer will be granted a construction day for construction day extension on Phase I for each day in delay in issuing the building permits. Should the developer take more than one month to file substantially complete building permit applications to the City of Renton, beyond the date of resolution amending this final PUD, then the city shall be granted an additional construction day for revi.ew for each construction day of delay by the developer in filing the AGREEMENT RE VICTORIA HILLS PUD -2 building plans, without addition of an extra construction day to the completion date of Phase I of the final PUD. III. Phasing. In order to control development of this parcel and protect the general public, this project shall be completed in two phases. A. Phase I shall include all construction south and east of Victoria Lane, including the roadway of Victoria Lane. However, buildings B-14, B-15, B-16, and buildings relocated pursuant to paragraph I .A shall not be included in Phase I as they are the buildings located .. closest to the single-family residences, and should Phase I not be completed on time and the project be declared abandoned, then elimination of these buildings would provide additional buffering to the adjoining single-family neighbors. Additionally, these three buildings are located in the part of the site that is the most weather-sensitive, and placing these buildings in Phase II would result in them being developed in the drier season, thereby providing less risk of earth movement, foundation failure, or other weather-sensitive occurrences. B. Phase II. Shall consist of the remainder of the site, buildings B-14, B-15, and B-16, and one of the relocated buildings,discussed in paragraph II.A. IV. Deadlines for Completion. A, Definition of Completion, As the term "completion• is used in this agreement, it shall mean the construction of a building including foundation, framing, and exterior finish. When the term "completion" is used concerning a phase, "completion" shall include installation of i;;treets, curbs and gutters, and landscaping. The term "completion" in this agreement shall not include interior, plumbing, wiring, and finishing. Completion of Phase I shall permit the developer to proceed to Phase II. However, while Phase II is being worked upon, the interior finishing work on Phase I shall be diligently pursued. B. Completion of Phase I. Phase I shall be completed within six months after the day of adoption of a resolution amending this final PUD and implementing this agreement. AGREEMENT RE VICTORIA HILLS PUD -3 c. Phase II. Phase II shall be commenced only if Phase I has been completed within its completion date. Phase II shall then be completed and all interiors for both Phase I and Phase II completed six months after the completion date for Phase I, but not later than January 15, 1990, unless that date has been extended pursuant to the force majeure clause. For the purposes of this paragraph, completion of the interiors shall include all usual and necessary interior work, wiring, plumbing, texturing, carpeting, painting, and all built-in fixtures and appliances. Completion of the interiors shall not include punch-list work prior to building o.ccupancy, The two relocated buildings shall be completed prior to the e~iration of Phase II. The one relocated building contained within the geographic boundaries of Phase I may be start;ed as part of Phase I and completed during the time for Phase II, but only if the remainder of Phase I is completed on time, D. Force Majeure. The only extensions of time that will be permitted shall be periods under which the project has been shut down by the Oversight Committee for such .factors as inclement weather, act of God, or other threats to the public health, safety, and welfare, when the developer has not contributed to the reasons for shut down. In those instances, the developer will be granted an extension of the completion date for any phase equivalent to the period under which the project was shut down by the Oversight Committee. Phase I may also be extended due to late processing of building permits as detailed in paragraph II.B above. V. Result of Missing Deadline. A. Lapse. Should the developer fail to complete Phase I by the date established in paragraph IV.B above, then the project shall be deemed abandoned, all approvals will expire according to their terms, any right to develop undeE the final PUD shall lapse, and the project area shall be returned to its prior predominant underlying zoning designation, which is R-1. On January 15, 1990, should there be no extensions under the force majeure clause, the PUD approval shall lapse and no longer be of any force or effect. There shall be no right to petition the City Council for an additional extension of the PUD, and FPUD 042-85 will be terminated. Any further development on the site will require new applications and approvals from the City of AGREEMENT RE VICTORIA HILLS PUD -4 Renton under the zoning and permit requirements in place at the time of the application. Any rights of the developer to proceed under FPUD 042-85 shall be terminated as of January 15, 1990, unless extended under the force majeure clause. Should it be necessary to have the zoning returned to the prior predominant underlying zoning category, the community development department will commence a city initiated rezone for the property, and the City Council will consider and adopt the appropriate rezone ordinance. In determining the property that will be rezoned, the property underlying completed buildings will not be considered as part of the rezoning. The community development department will prepare a map for the City Council showing the property associated with completed buildings, and the property subject to rezoning. B. Completion of Buildings. Any building that is substantially completed at the time of expiration of the completion date for either Phase I or Phase II may be completed by the developer. However, the developer will be required to pay ~ penalty to the City of Renton in· the amount of $5,000. 00 in order to obtain the right to complete the building. The term "substantially complete• shall mean that the building foundation has been installed, the framing for the building -has been completed, and the cedar siding and tile roofs have been started. C. Abatement. Should any portion of the project not be complete upon the passing of the deadline for that phase, and the project deemed abandoned, any building that is not substantially complete shall be removed, either by the developer or through use of the bonding money discussed in section VI .A below. All non-essential work on the site will be terminated. However, the developer, with prior city approval, will be required to complete portions of the project that are necessary to ensure the public health, safety, and welfare, including connection of utilities to structures or distribution systems and essential site work including filling and compaction of utility trenches, final grading of the site, and hydroseeding. D. Calling of Bonds. Prior to the City of Renton calling the bonds detailed in VI below, the city shall make a written demand upon the developer to complete the work covered by the bonds and shall provide a reasonable opportunity for the developer to do so. AGREEMENT RE VICTORIA HILLS PUD -5 To the extent that the developer cannot or will not complete the work within a reasonable time, to a degree necessary to protect the public health, safety, and welfare, then the City of Renton will call the bonds for that work and either have the bonding company obtain a contractor to perform the necessary work, or the city will complete the work itself or through a city contractor using the bond funds for payment. vr. Bonds. In order to provide the City of Renton with security that the project will be completed, and if not completed that the_ site will be properly restored ang made functional, the following bonds will be posted by the developer in the am6unts outlined below. These bonds will be . posted within thirty days after the date of approval of this agreement by the City Council. The Oversight Committee shall have the authority to adjust the bond requirements of paragraphs A through D based on conservative sound engineering practice, at all times ensuring that sufficient bond monies are in place to adequately provide funds to complete that category of work should ~he developer default and terminate work on the project. A;·· Abatement ·and Site Restoration. Bond shall be posted in the· amount of $100,000.00 to be used should the project be deemed abandoned and the developer cannot or will not remove buildings which will not be permitted to be completed, to complete necessary site work and restore the site to a permanent safe condition. B. Off-Site Bond. The developer will post a bond in the amount of $885,000.00, representing 150% of the estimated cost of completion of the necessary off-site improvements, including the street improvement work to be performed on Benson Road South. C. On-Site Bond. The developer will post the following bonds for on- site improvements. Landscaping: Phase I Streets: Phase II Streets: Miscellaneous: $497,112.00 $271,083.00 $120,972.00 $214;833.00. AGREEME:NT RE VICTORIA HILLS PUD -6 These sums represent 150% of the estimated cost of cempletion of those improvements. A portion of the landscape bond will be retained for one year to ensure that the landscaping has had an adequate period of time to survive and that it is being maintained. The amount of the landscape bond to be retained for this purpose shall be established by the oversight Committee in consultation with the city's landscape architect. D. Community Center. The developer will post a bond in .the amount of $250,000.00, to provide security for the completion of the community center as approved at the time of default to be included in Phase I of this development. E. Partial Release of Bonds. Periodically, as work is completed and accepted by the City of Renton, the developer may apply to the city for partial releases of the bonds. The city will release the appropriate bond or portion of bond within five days after acceptance of the work, and requ.est by the developer. At no time shall the amount of any of the bonds be reduced below a level which, in the estimation of the . City of Renton,. would provide adequate funds to complete that category of work should the developer default and terminate work on the project. VII. Restrictions on ~ime of work. A. weekends. There shall be no work on the site on Sundays. Work on the site on Saturdays will be limited to the hours of 9:00 A.M. to 7:00 P.M. B. Weekdays. Work on the site will be limited to the hours of 7:00 A.M. to 7:00 P.M. Monday through Friday. C. Holidays. There shall be no work on the site on those dates recognized as state or national holidays. If there is a conflict in the date a holiday is celebrated between the state and federal governments, the date the City of Renton celebrates that holiday will be the day on which no work will be allowed. AGREEMENT RE VICTORIA HILLS PUD -7 VIII. Penalties for Violations. The developer shall post a cash bond with the City of Renton in the amount of $5,000. oo. For any violation of the restrictions on the time of work, non-emergency use of the construction access to 26th, or any failure in the surface water drainage or siltation control system, there will be a penalty of $250.00. There shall be no penalty for failure of the surface water drainage or siltation control systems caused by vandalism, or failure of an external control system. For the second violation in any one week period of time,·or subsequent violation during the term of this project, there shall be a fine not to exceed $500. 00. For · · any third violation in a week or fourth or subsequent violation during the term of this project, there shall be a fine not to exceed $1,000.00. The amount of the fine shall be established by the Oversight Committee established in paragraph XI of this agreement. Should the developer be aggrieved by the amount of that fine, the fine may be appealed to the City of Renton Community Development Director whose decision shall be final. Should the position of community development director be vacant, then. the appeal shall be made to the City of Renton Director of Public works whose decision shall be final. IX. Lien Rights and Right of Entry. Should the developer violate any term of this contract resulting in expenditure of city time or funds, and that expenditure not be covered by the bonds detailed in paragraph VI above, then the developer hereby grants the city the right to file a lien against the subject property, which lien may be foreclosed in the same manner as a local improvement district lien.. Prior to the city exercising its right of entry and lien rights, it shall notify the developer, in writing, of the violation of this contract and provide a reasonable time to cure the default. Additionally, the developer hereby agrees to grant the city right of entry to the property, at all reasonable times, to ensure that this agreement is not in default by the contractor. The developer further grants the city a right of entry to the property following any determination of violation under the terms of this agreement, by the city, ?r abandonment of this project pursuant to paragraphs IV and V of this agreement, in order to inventory the site, conduct any abatement, and perform any work necessary to stabilize the site and eliminate public health, safety, and welfare concerns. X. Proof of Financial Capability to complete Project. The developer will provide to the City of Rent.on proof, satisfactory to the Finance Director of the City of Renton, of AGREEMENT RE VICTORIA HILLS PUD -8 financial capability on the part of the developer to complete· this project and to bond the project. XI. Oversight Collllllittee. The City of Renton appoints Donald K. Erickson, Donald G. Monaghan, and Ronald G. Nelson, or their designees, as members of an Oversight Committee. The Victoria Hills Homeowners' Association may appoint an ex-officio non-voting member and the developer may appoint an ex-officio non-voting member to the Oversight Committee, The developer will report to the Oversight committee at least once every two weeks on the progress being made on the site and problems that have _been encountered on the site. The Oversight Committee will handle citizen complaints of violation of this agreement, and will serve as a conduit of information to the city from the citizens and developer, and from the city to the community and the developer. The Oversight Committee shall be the body to determine penalties under paragraph VIII of this agreement. The Oversight Committee will meet ·with the Planning and Development Committee, either directly, or through written report, at the option of the Planning and Development Committee, at.least once per month. XII. Amenity for Residential Co1DD1unity. Realizing that this project has taken longer to complete than anticipated, thus imposing a substantial burden on the adjoining single-family residents, the developer agrees to donate the sum of $5,000.00 to the Victoria Hills Homeowners' Association for use in preparing an active and passive recreational site and placing thereon recreational equipment and other amenities. The title to the equipment and the responsibility for maintenance of the equipment and the surrounding areas shall pass to the homeowners' association upon its completion. XIII. Fencing and Landscaping. The developer shall install a six foot wooden fence between the single-family homes and the multi-family development. The fence shall also be, extended along the south boundary of the project along s. 26th Street up to the i,ntersection of the south boundary line of the project with Benson Road S. Additionally, the developer shall install substantially sized trees along that fence line to provide a buffer between the single-family and multi-family development. The fence and trees shall be installed in a manner and at such locations as to meet the approval of the city's landscape architect, and the trees shall be planted in sufficient numbers so as to provide the necessary screening and to maximize the trees' chances of survival. The trees planted for screening shall be no smaller than five feet tall and should generally be not less than AGREEMENT RE VICTORIA HILLS PUD -9 ten to fifteen feet tall. If a tree is less than ten to fifteen feet tall at the time of its installation, it shall be of a species approved by the city's landscape architect for its screening ability and it shall be placed at a location where it will provide immediate screening of the site. The Victoria Hills Homeowners' Association will be consulted as to the type and location of the trees and the fence. The fencing and landscaping between the single-family neighborhood and the multiple-family development shall be installed as soon as possible. However, the landscaping shall not be installed at a time when its survival is threatened. Neither the fencing or landscaping shall be installed at those locations where it would be necessary to remove those improvements as part of the reasonable development of the site or buildings, it being the intent of this section that once installed the fencing and landscaping not be removed due to later construction activities. XIV. Limited Construction Access. The developer shall limit construction access to the site from . S.26th Street to emergency access only. All normal construction access to the site shall be from Benson Road S. directly to the site, using the main access road and other internal roads within the.system. XV. Retention Pond. The developer agrees to assume maintenance and insurance responsibility for the retention pond and to maintain that responsibility both during construction and after acceptance of the project henceforth, thereby removing all responsibility for maintenance and insurance from the Victoria Hills Homeowners' Association and making that responsibility totally the responsibility of a multi-family portion of this project, its owners and occupants. The developer shall impose upon the real estate a covenant running with the land requiring the owner thereof to assume the maintenance and insurance responsibility for the retention pond and, should the housing be converted to condominiums, the covenant will require the condominium owners to form an a.ssociation and assume the maintenance and insurance responsibility as part of the condominium owners' association. XVI. Resolution. It is understood by and between the parties that this agreement is of no force and effect until implemented by adoption of a resolution amending the final planned unit development herein by the Renton City Council. AGREEMENT RE VICTORIA HILLS PUD -10 XVII. Severability. The provisions of this agreement are severable. If any word, phrase, clause, sentence, paragraph, section or part of this agreement or the application thereof to any person or circumstances, is declared invalid, the remaining provisions and the application of provisions to other persons and circumstances shall not be affected thereby, but shall remain in full force and effect. The parties hereto declare that they would have agreed to the remaining provisions of this agreement without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid. AGREEMENT RE VICTORIA HILLS PUD -11 PASSID IY ~RIC CITY COUNCIL this ..&!J!.. day of _.....,F ... eb,....r=u-ary ____ , 198f, Maxine I, Motor, City Clerk APPROVED SY TH.Ii: MAYOR this ~ day of ____ F_e_b_ru_a_ry ______ , 1989. CITY71l3-1/27/89-a1. =~==~i===---------!arl Clyiner, Mayor P' ra ly i ta IRENE J. LEON VICI: PRESIDENT VICTORIA KILLS I LIMl'l'BD PAlt'l'Nl!:~SHIP, VICTOR!A HILLS, INC, ita Managing Gen l artner sy...:~ll..lib4.~~~__;;U~t~.~~-it, By -....;~;...:.,.:Tr=:i:ff.~--------ite AGREEMENT RS VICTORIA HILLS PUD -12 PASSED BY THE CITY COUNCIL this 6th day of ~~F~e_b_r~ua_ry~~~~-' 1989. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this~ day of ~~~F~e~b~ru=a=ry'-'-~~~~~-' 1989. CITY?:13-1/27/89-as. First City Developments Corporation VICTORIA HILLS I LIMITED PARTNERSHIP, VICTORIA HILLS, INC. its Managing General Partner AGREEMENT RE VICTORIA HILLS PUD -12 Jennifer T. Henning From: Ronald Straka Sent: To: Tuesday, November 05, 2013 11:04 AM Jennifer T. Henning Cc: Neil R. Watts; Chip Vincent Subject: FW: Letter from Victoria Hills HOA re VHHONMontclair Apts/First City Development & drainage problems in neighborhood Attachments: 20131104145357519.pdf Attached is a letter to the Mayor from the Victoria Hills HOA regarding the need for the Montclair Apartments to maintain their storm water facility and requesting that the City enforce the requirement for maintenance. I know you have been working with Edward Mulhern and a representative from the Montclair Apartments (Braddock and Logan) about the need to get a Critical Area Exemption from the City before they can perform maintenance on the stormwater facility. What is the status of the City's CAO exemption needed for the Montclair Apartments to perform maintenance on their stormwater facility? Has it been submitted to the City for review? I need to provide Gregg Zimmerman and Lys Hornsby an update on the progress the Montclair Apartments is making on being able to maintain their stormwater facility. We may need to take code enforcement action, depending upon their demonstration of progress and what is decided in response to this letter to the Mayor. Thanks Ron Straka, P.E. Surface Water Utility Engineering Supervisor x7248 -----Original Message----- From: Gregg A. Zimmerman Sent: Monday, November 04, 2013 3:58 PM To: Ronald Straka; Lys L. Hornsby; Richard W Marshall Subject: FW: Letter from Victoria Hills HOA re: VHHOA/Montclair Apts/First City Development & drainage problems in neighborhood FYI Gregg A. Zimmerman, P.E. City of Renton Public Works Department Administrator 1055 South Grady Way, 5th Floor Renton, WA 98057 Phone: (425) 430-7311 Fax: (425) 430-7241 E-mail: gzimmerman@rentonwa.gov -----Original Message----- From: Jay B Covington Sent: Monday, November 04, 2013 3:24 PM To: Larry Warren Cc: Gregg A. Zimmerman; Chip Vincent 1 Subject: FW: Letter from Victoria H neighborhood Larry, IOA re: VHHOA/Montclair Apts/First Cit velopment & drainage problems in I'm forwarding this letter along to you as well, since you were here in 1988-1989 and I'm sure remember this development (Gregg and I got here in 1990, but I know folks were still talking about it). Is there really nothing the City can do to get First City's successor (as I recall, they went bankrupt over the Black river corporate development) to honor their drainage covenant? Jay -----Original Message----- From: April Alexander Sent: Monday, November 04, 2013 3:02 PM To: Jay B Covington; Gregg A. Zimmerman Subject: FW: Letter from Victoria Hills HOA re: VHHOA/Montclair Apts/First City Development & drainage problems in neighborhood Mayor asked me to send you a copy of this letter ... april -----Original Message----- From: PDECopy Sent: Monday, November 04, 2013 2:54 PM To: April Alexander Subject: This E-mail was sent from "MayorsOffice" (Aficio MP 4000). Scan Date: 11.04.2013 14:53:57 (-0800) Queries to: pdecopy@rentonwa.gov 2 Jennifer T. Henning From: Sent: To: Subject: Attachments: Missy Castaneda <mcastaneda@braddockandlogan.com> Thursday, October 31, 2013 3:28 PM Jennifer T. Henning Fwd: Critical Areas Critical Areas.pdf; ATT00001.htm; image003.jpg; ATI00002.htm Please let me know what else you need from me or if there are any changes that need to be made. Missy Castaneda Braddock & Logan Begin forwarded message: From: "Montclair Heights Assistant Manager" <montclairam@braddockandlogan.com<mailto:montclairam@braddockandlogan.com>> To: "Missy Castaneda" <mcastaneda@braddockandlogan.com<mailto:mcastaneda@braddockandlogan.com» Subject: Critical Areas Daphnie Neal• Assistant Property Manager Montclair Heights Apartments 2223 Benson Rd. South Renton, WA 98055 phone 425.277.9434 fax 425.277 .3991 [logo.gill visit us online, anytime@ www.montclairheights-apts.com<http://www.montclairheights-apts.com> 1