Document Redmond_doc_500abc8ac7

Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 1 of 23 BEFORE THE CITY OF REDMOND HEARING EXAMINER In the Matter of the Application of ) ) NO. LAND 2015-01452 ) The Quadrant Corporation ) Hawks Glen Preliminary Plat ) ) For Approval of a Preliminary Plat ) FINDINGS, CONCLUSIONS, ) AND DECISION SUMMARY OF DECISION The request for approval of a preliminary plat to subdivide 9.77 acres into 27 lots and four tracts with associated infrastructure, stormwater facilities, and open space is GRANTED subject to conditions. SUMMARY OF RECORD Request: The Quadrant Corporation (Applicant) requested approval of a preliminary plat to subdivide 9.77 acres into 27 lots and four tracts with associated infrastructure, stormwater facilities, and open space. The subject property is located at 17656 NE 116th Street, Redmond, Washington. Hearing Date: The Redmond Hearing Examiner conducted an open record hearing on the request on September 26, 2016. At the conclusion of testimony, the record closed except for a revised recommended condition of approval at the request of the Examiner, which was timely submitted. Testimony: At the open record hearing, the following individuals presented testimony under oath: Sarah Vanags-Pyle, Associate Planner, City of Redmond Matt Perkins, Applicant Brett Pudists, The Quadrant Corporation, Applicant Representative Cindy Wellborn, City of Redmond Senior Stormwater and Utilities Engineer Andy Chow, City of Redmond Transportation and Engineering Meryl Kamowski, Wetland Resources, Applicant Consultant Exhibits: At the open record hearing the following exhibits were admitted in the record: 1. Technical Committee Report to the Hearing Examiner, with the following attachments: 1. Vicinity Map ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 2 of 23 2. Notice of Application and Certificate of Posting 3. Notice of Application and Public Comment Letters and Staff Responses 4. SEPA DNS Certificate of Posting and SEPA Threshold Determination 5. SEPA Comment Letters and Staff Responses 6. Notice of Public Hearing and Certificate of Posting 7. Environmental Checklist 8. Tree Health Assessment 9. Plan Set 10. Critical Area Report and Mitigation Plans 11. Safe walk Narrative 12. General Application Form 13. SEPA Application 14. Neighborhood Meeting Notice 15. Neighborhood Meeting Sign-in and Notes 16. Tree Exception Request Letter 17. Tree Exception Approval Letter 18. Geotechnical Report 19. Stormwater Report 20. Traffic Study (Phase II) 21. Transportation Concurrency 22. Zoning Map 2. Updates/Revisions to Technical Committee Report 3. Comment letter from Abigail Wellborn, received September 26, 2016 4. Planning Staff's Power Point presentation 5. Revised recommended condition 5.h, submitted September 27, 2016 consistent with the discussion on the record at hearing Upon consideration of the testimony and exhibits submitted, the Hearing Examiner enters the following findings and conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat to subdivide 9.77 acres into 25 single-family residential lots and two zero lot line lots to be developed with a duplex, for a total of 27 total lots, together with four tracts for associated infrastructure, stormwater ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 3 of 23 facilities, and open space. The subject property is located at 17656 NE 116th Street, Redmond, Washington. Exhibits 1.1 and 1.12. 2. The preliminary plat application was deemed complete on June 29, 2016. Exhibit 1.2. 3. The subject property is located in the North Redmond Neighborhood. The Comprehensive Plan's land use policies for the North Redmond Neighborhood include preserving the residential character of the neighborhood, conserving and enhancing natural areas, encouraging a variety of affordability levels, and encouraging coordinated development. Exhibit 1; Comprehensive Plan, pages 13-64. 4. The subject property is zoned R-4. Exhibit 1. The purpose of the R-4 zone is to: [Provide] for primarily single-family residential neighborhoods on lands suitable for residential development with an allowed base density of four dwellings per gross acre. This designation provides for stable and attractive suburban residential neighborhoods that have a full range of public services and facilities. To complement the primarily residential nature of these zones, some nonresidential uses are allowed. Redmond Zoning Code (RZC) 21.08.060.A. 5. The subject property is developed with a residence and accessory buildings, but the majority of it is forested. Adjacent properties on all sides contain medium density single family developments. There is a native growth protection area easement adjacent to the north. Exhibits 1, 1.1, and 1.7. 6. The parcel is relatively flat, with an approximately ten-foot change in grade over 1,296 feet in width, sloping down to the southeast. Historically, the site was used for agriculture. It contains an underground drainage system consisting of perforated pipes, which in its present condition effectively dewaters the site. An existing residence and associated accessory structures would be removed. There are four critical areas on or adjacent to the site: a wetland in the southwest corner, a stream that bisects the northeast portion of the parcel, and two additional wetlands. Exhibits 1, 1.4, 1.9, and 1.10. 7. According to development standards applicable to the R-4 zone, the minimum required density for the 9.77-acre site is 12 dwelling units and the maximum base density allowed (not including bonus units) is 39 dwelling units. The proposed 27 dwelling units falls within this allowed range. Exhibits 1, 1.4, and 1.9. 8. Pursuant to RZC 21.20.020-.030, all new single-family residential developments in the North Redmond Neighborhood must provide ten percent of proposed units as affordable housing consistent with Redmond's standards. For a 27 lot plat, the required number of affordable housing units is three. The proposal would develop Lots 26 and 27 with a duplex. One of the two duplex units would meet Redmond's definition of an affordable unit, which counts as one towards the three required. The other duplex unit would be ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 4 of 23 developed to meet Redmond's low cost affordable housing standards, which would count as two affordable housing units, thereby providing three affordable housing units. Due to successfully satisfying the affordable housing requirements, the Hawks Glen preliminary plat is entitled to three bonus market rate units per RZC 21.20.030, making 42 the total number of units allowed by code on-site; however, the Applicant has opted not to utilize these bonus units. Exhibit 1; RZC 21.20.020 et seq. 9. The Green Building and Green Infrastructure incentive program established at RZC 21.67.040provides incentives to implement green building and infrastructure development techniques in residential developments to reduce development impacts. The incentive program establishes a list of sustainable development techniques for which points are awarded, as well as the incentives toward which points may be utilized. The instant proposal has been developed in accordance with RZC R-4 and North Redmond Neighborhood zoning regulations. The average lot size was reduced from 7,000 square feet to 5,250 square feet per the incentives program, established at, by preserving 30% of the site as native vegetation and through use of drought tolerant landscaping. Exhibits 11.9. 10. The proposed lots have been designed to satisfy the bulk dimensional standards of the R- 4 zone as modified by the green building incentives program, including minimum lot size, lot width circle, setbacks, and minimum building separation. Compliance with the City's architectural, minimum setback, and maximum height standards would be determined at the time of building permit review for each parcel. Exhibits 1 and 1.9. 11. The subject property does not contain features that are classified as geologically hazardous areas by the Redmond's critical areas ordinance, as established in RZC Title 21.64. On-site soils were evaluated by a professional geotechnical engineer and found to be suitable for the proposed development. Exhibits 1 and 1.18. 12. In addition to the 27 residential lots, the plat includes four proposed open space tracts. Tract A is proposed as a 158,511 square foot open space tract at the north end of the parcel which would be preserved as a native growth protection area (NGPA). It contains the on-site portions of the stream and Wetlands C/D, two small depressions adjacent to the stream on-site. Tract B is proposed as a 58,283 square foot open space tract occupying part of the southern end of the parcel and a strip of land along half of the southwest boundary containing Wetland A. Tract C is proposed to contain stormwater facilities and landscaping, between the lots and the NGPA in the center of the site's eastern boundary. Tract E is a strip of land parallel and adjacent to the site's dedicated frontage that would be developed with a six-foot wide pervious pedestrian trail. Exhibits 1 and 9. 13. The Applicant submitted a professionally prepared critical area study that evaluated the critical areas on and adjacent to the site. Wetland A is a depressional on-site wetland with no outlet, which was rated as Category IV requiring a 50-foot buffer. Wetland B is a depressional wetland adjacent to the western site boundary, which was rated as a Category III wetland requiring an 80-foot buffer which extends onto the southwest ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 5 of 23 portion of the site. Wetlands C/D are Category III wetlands with 80-foot buffers associated with the on-site stream A (Monticello Creek), which on-site is rated as a Class II stream requiring a 150-foot buffer comprised of a 100-foot inner buffer and a 50-foot outer buffer. Wetland E is a small off-site Category II wetland to the east, which based on its habitat and water quality scores requires an 80-foot buffer from high intensity land uses such as the proposed plat. Exhibits 1, 9, and 10. 14. In order to achieve the development proposed, the proposal calls for reducing the buffer widths for Wetlands A, B, and E from high intensity to moderate intensity land use buffer widths. It also called for averaging the stream buffer and Wetland A buffer width as outlined in RZC 21.64.030(B)(7) and 21.64.020(B)(6). Additional critical area impacts are proposed from a pervious, six-foot wide pedestrian trail through the northern 25% of the buffer of Wetland B as allowed per RZC 21.64.010(D(1)(j). In compensation for these proposed alternations and impacts to critical areas and regulated buffers, the project proposes to minimize impacts of adjacent land uses by installing vegetative screens, limiting light sources, directing pollution containing stormwater runoff, removing the existing agricultural drainage system, installing a swale along the west side of the site, and enclosing wetlands and buffers in protected tracts. Mitigation work for the buffer enhancements would be bonded and is proposed to be monitored annually for at least five years. Planning Staff reviewed the buffering averaging and mitigation proposals and determined that they comport with the applicable requirements of RZC 21.64.020 and RZC 21.64.030(B)(8). Exhibits 1, 1.9, and 1.10; Pyle Testimony; Kamowski Testimony. 15. Redmond Zoning Code 21.72 requires that all healthy landmark trees and 35 percent of all healthy significant trees be retained.1 The health of 129 existing trees on the subject property was assessed by a professional arborist, whose review looked at the site as comprised of two portions: the developable area and a stream protection area (proposed Tract The project proposes to retain 92% of healthy significant trees, the majority of which would be kept in a native growth protection area (NPGA) not be subject to future development. The Applicant applied for and obtained Department of Planning and Community Development approval of landmark tree exception requests for one landmark tree proposed to be removed consistent with RZC 21.72.090. Nine significant trees and one landmark tree are proposed to be removed and/or impact such that they are subject to replacement requirements, resulting in a total of 12 required replacement trees. The proposal calls for approximately 226 new trees with no fewer than 148 of them to be seven feet in height at time of planting, vastly exceeding the tree replacement required by RZC 21.72.080. A health assessment of the trees to be retained was performed by the arborist. Exhibits 1, 1.8, 1.16, and 1.17; Pyle Testimony. 1 Pursuant to RZC 21.78, landmark trees are those that are greater than 30 inches in diameter at breast height and significant trees are those that are between six and 30 inches in diameter at breast height. ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 6 of 23 16. Approximately 61% (258,808 square feet) of the subject property would be set aside as open space, most of it within Tract A . The proposal exceeds the minimum open space requirement for the R-4 zone. Exhibits 1 and 1.9. 17. The zoning code requires that new subdivisions provide landscaping along the perimeter of the site to soften the transition between new and existing dwelling units when the proposed dwellings are directly adjacent to developed lots or can be viewed from public streets or parks. RZC 21.08.180. The proposal includes perimeter landscaping that complies with all regulations. Exhibits 1 and 1.9. 18. The site fronts both 178th Avenue NE and NE 116th Street. Access to the plat would be provided via a 28-foot-wide private access tract with two entries from 178th Avenue NE (Tract The plans call for a 10-foot sidewalk and utility easement on the east and 15- foot utility easement on the west sides of Tract F. No parking signage would be installed on the east side of the road. The Applicant is required to provide frontage improvements along 178th Avenue NE and NE 116th Street within the project limits. Along NE 116th Street, required improvements include roadway widening, a 10-foot planter strip, a 10- foot meandering sidewalk, and a 25-foot-wide trail and open space tract with a five-foot planter strip and six-foot-wide meandering soft surface trail. Along 178th Avenue NE, required improvements include five-foot planter strip, five-foot sidewalk, street lighting, underground utilities, and a public pedestrian walkway connecting 178th Avenue NE to NE 119th Court. Exhibits 1 and 1.9. 19. Each proposed lot would be connected to municipal water and sewer service from mains extended from their existing location in 178th Avenue NE. Utilities lines on each lot would be placed in appropriate utility easements. All new utilities would be required to be installed underground. Exhibits 1 and 1.9. 20. A noise study is not required for the instant project. City construction inspectors would monitor and enforce the construction hours and maximum noise throughout the project. Exhibit 1. 21. Public concerns expressed at the Applicant's pre-application neighborhood meeting related to children’s safety during construction, duration of construction, wetland protection, drainage, fill, and alternate access points. Jayden Fang inquired about when construction would start and whether trees would be cut in the neighborhood. Ryan and Cassandra McKinney submitted comments regarding deforestation, forest animals in the residential neighborhood, concerns about infrastructure capacity, and impacts on schools, traffic, and home values if multiple duplexes were built as initially planned. Exhibits 1, 1.3, and 1.15. 22. The project would disturb approximately 5.84 acres for development of the site and leave approximately 3.67 acres in the northern portion of the site undeveloped. The 5.84 acres of the site being developed currently has an underground system of perforated pipes that were installed by the previous owner. The proposal would remove the existing perforated pipe drainage system and appurtenances. Approximately 26,000 cubic yards of fill are ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 7 of 23 proposed in the development envelope. The proposal calls for on-site detention and water quality treatment for stormwater runoff in a combined detention/wet vault facility. Except for the lot drains from Lots 17 and 18 that are proposed to discharge roof and footing drain runoff to the tributary to Monticello Creek, runoff from all other impervious surfaces would be conveyed to the proposed vault facility. About 4.13 acres of upstream flows enter the site from the west. These flows would be intercepted by a swale located at the back of Lots 6 through 16 and routed to the project’s detention vault. The detention vault would discharge treated stormwater to Monticello Creek on the east side of 178th Avenue NE, which requires a separate hydraulic project approval (HPA) from the Washington Department of Fish and Wildlife. Exhibits 1 and 1.19; Wellborn Testimony. 23. The proposal was reviewed for compliance with Fire Code requirements by the Redmond Fire Department. The Fire Department recommended project approval subject to conditions that require each dwelling unit to be sprinklered, appropriate fire lane markings to be provided, and emergency vehicle access to be assured via recorded easement. Exhibit 1. 24. The subject site is within the Lake Washington School District services areas currently assigned to Einstein Elementary School, Redmond Middle School, and Redmond High School. Student residing in the plat would walk 0.3 miles via sidewalk to Einstein Elementary School on continuous sidewalk. Both middle and high school students would be bussed. Bus stops for both schools are located within 0.13 miles of the plat along continuous sidewalk once the proposed sidewalks are installed. Lake Washington School District was notified of the proposal and did not comment. The Applicant would be required to pay school impact fees in accordance with Redmond Municipal Code Chapter 3.10. Exhibits 1, 1.4, and 1.11; Pyle Testimony. 25. The Applicant submitted a professionally prepared traffic impact analysis, which projected that the plat would generate 226 net new daily trips including 19 AM peak and 23 PM peak hour trips. Based on the level of service (LOS) analysis, all movements at the 178th Avenue NE and NE 116th Street intersection are expected to operate at LOS C during the AM and PM peak hours in the future with or without the instant project. Because project traffic does not trigger mitigation at the immediate intersection, no farther intersections were required to be studied and no traffic mitigation is required. Exhibits 1 and 1.20; Chow Testimony. 26. The Technical Committee granted four deviations from the road standards on the Applicant's request. The first was to the standards for the private local access street, requesting approval of the roadway section to include 28 feet of pavement located in a privately owned and maintained tract sloped to a thickened edge with asphalt curb on one side and five-foot concrete sidewalks on both sides, planter strips provided on the lots adjacent to the hardscape with 15-foot sidewalk and utilities easement along the west and 10-foot sidewalk and utilities easement on the east side. Privately owned and maintained street lights are required. A minimum five-foot public access easement along the west side of Tract F is required to provide non-motorized connection between 178th Avenue ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 8 of 23 NE to NE 119th Court. The second deviation request approved the use of a minimum 55 feet radius on the center line of the private access road, which meets the low speed horizontal curve design criteria contained in the applicable road standards, approved with conditions to provide horizontal sight distance and street lights at both curve locations for uncontrolled or yield ROW in local access residential street standards. Also, the Technical Committee approved the request to allow six lots to use the access drive standards on Tract D with minimum of 20 feet unobstructed driving surface, a five-foot concrete sidewalk along the south side of the tract outside the drive aisle within a 10-foot public access easement, widened in some areas to accommodate a total of for on-street parking stalls for the six units accessed via Tract D. Finally, the requested deviation from standard sight clearance at intersections to allow the use of 68 by 68 feet of horizontal sight distance at the northern curve of Tract F for uncontrolled ROW versus the standard 70 by 70 feet horizontal sight distance requirement. Exhibit 1. 27. The City of Redmond acted as lead agency for review of the project's environmental impacts under the State Environmental Policy Act (SEPA) and issued a determination of non-significance (DNS) on August 5, 2016. One comment was filed with the City during the 14-day comment period from Muckleshoot Indian Tribe Fisheries Division, Karen Walter, questioning the project’s consistency with the City 2013 Watershed Plan. The City's response to the comment is it imposed requirements on the project consistent with the Stormwater Technical Notebook and RMC 15.24, thus acting to the extent of City authority. Having reviewed the information submitted, the SEPA responsible official determined that the DNS was adequate and it was retained. Exhibits 1, 1.4, 1.5, and 1.7; Wellborn Testimony. 28. Notice of the September 26, 2016 open record public hearing on the application was posted on-site, at City Hall, and the Redmond Library, published in the Seattle Times, and mailed to surrounding owners of property within 500 feet of the site on July 14, 2016. An email from Abigail Wellborn on September 26, 2016 expressing concerns about whether safe walking for school students would be provided. Planning Staff responded to the comment noting that continuous sidewalks would be provided between the plat and the nearby elementary school, and between the plat and the bus stops for the middle and high schools. Staff also noted that each lot would be obligated to pay an approximately $6,000 school impact fee. Exhibits 1 and 4; Pyle Testimony. 29. The Technical Committee, comprised of staff from Redmond Planning, Public Works, and Fire Departments, reviewed the complete application and supporting materials for compliance with City regulations and the Comprehensive Plan. The Technical Committee recommended project approval subject to conditions. Exhibit 1; Pyle Testimony. The Applicant representatives waived objection to the recommended conditions. Perkins Testimony; Pudists Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 9 of 23 CONCLUSIONS Jurisdiction: The Hearing Examiner is authorized to conduct open record hearings and issue decisions on Type III permits, including preliminary plat permit applications, pursuant to RZC 21.76.050.C, Table 21.76.050B, and RZC 21.76.060.F. Subdivision Criteria for Review: Pursuant to RZC 21.74.030.B.1, the Examiner shall approve an application for subdivision if findings can be entered showing the following criteria are satisfied: a. The proposal complies with the general criteria applicable to all land use permits set forth in RZC 21.76.070.B, Criteria Applicable to All Land Use Permits; b. The proposal conforms to the site requirements for the zoning district in which the property is located; c. The proposal conforms to the requirements of this chapter; d. The proposed short subdivision, binding site plan, unit lot subdivision, or preliminary subdivision: i. Makes adequate provision for streets, roads, alleys, other public ways, and transit stops as required by this chapter; and the proposed street system conforms to the City of Redmond Transportation Master Plan and Neighborhood Street Plan, and is laid out in such a manner as to provide for the safe, orderly, and efficient circulation of traffic; ii. Will be adequately served with water, sewer, storm drainage, and other utilities appropriate to the nature of the subdivision or short subdivision; iii. Makes adequate provision for parks, recreation, and playgrounds, as required by this chapter; iv. Makes adequate provision for schools and school grounds; v. Makes adequate provisions for sidewalks and other planning features that meet the requirements of this chapter and that provide safe walking conditions for students who walk to and from school; vi. Serves the public interest and makes appropriate provisions for the public health, safety, and welfare. e. Geotechnical considerations have been identified, and all hazards and limitations to development have been considered in the design of streets and lot layout to assure streets and building sites are on geologically stable soil, considering the stress and loads to which the soil may be subjected. ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 10 of 23 RZC 21.74.030.B.2 states that lack of compliance with the criteria set forth in subsection of this section shall be grounds for denial of a proposed subdivision or short subdivision, or for the issuance of conditions necessary to more fully satisfy the criteria. Conclusions Based on Findings: 1. As conditioned, the proposal complies with the general criteria applicable to all land use permits, which include in relevant part consistency with the City's development regulations, the Comprehensive Plan, and SEPA. The proposal would satisfy the City's tree retention/replacement standards, critical areas standards, and affordable housing requirements. A SEPA determination of non-significance was issued for the project. The proposal is consistent with Comprehensive Plan policies to protect natural areas, retain the residential character of the North Redmond Neighborhood, and provide affordable housing. Findings 1, 2, 3, 6, 7, 8, 9, 12, 13, 14, 15, 18, 22, 23, 25, 27, and 29. 2. As conditioned, the proposal conforms to the requirements of the R-4 zone. The proposed housing density would be within the allowed range. The lots are consistent with the dimensional standards of the zone as modified through the Green Building and Green Infrastructure Incentive Program. Open space usable for recreation, critical areas, and tree preservation far excess of the minimum requirements would be provided in Tracts A, B, C, and E. Perimeter landscaping is provided consistent with code requirements. Findings 4, 7, 9, 10, 16, and 17. 3. As conditioned, the proposal is consistent with the requirements of RZC 21.74, including the Green Building and Green Infrastructure Incentive Program and requirements for easements, utilities, and streets. Findings 9 and 10. 4. As conditioned, the proposal makes adequate provision for streets. Findings 18, 21, 25, and 26. 5. As conditioned, the proposed subdivision would be adequately served by utilities. Each lot would be served by public sewer and water. Stormwater runoff would be collected and treated in an on-site storm detention/treatment facility with outfall to the north side of 178th Avenue NE. Findings 6, 14, 19, and 22. 6. As conditioned, the proposal would make adequate provision for parks, recreation, and playgrounds. The open spaces in Tracts A, B, C, and E provide passive and action recreational opportunities. Findings 12, 15, and 16 . 7. As conditioned, the proposal makes adequate provision for schools and school grounds. The proposed plat would be subject to a per-lot school impact fee. The school district did not identify the need for any additional mitigation measures. Finding 21, 24, and 28. 8. As conditioned, the proposal makes adequate provisions for sidewalks and safe walking conditions for students. Sidewalks are available along the walking paths to Einstein ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 11 of 23 Elementary School and to the bus stops for Redmond Middle School and Redmond High School. Findings 12 and 28. 9. As conditioned, the proposal serves the public interest and makes appropriate provisions for the public health, safety, and welfare. The residences would contain fire sprinklers in accordance with Fire Department requirements. The Applicant would be required to pay fire, school, and transportation impact fees per RMC 3.10. Findings 7, 11, 12, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27; RMC 3.10. 10. Geotechnical considerations were professional reviewed, and all hazards and limitations to development were considered in the design of streets and lot layout. Critical areas of the property would be contained within undeveloped tracts in which significant vegetation would be retained. The proposed stream and wetland buffer averaging proposal meets the requirements established in the CAO and would ensure no impacts to the function of the critical areas. Findings 6, 11, 13, 14, 15, and 22. DECISION Based on the preceding findings and conclusions, the request for approval of a preliminary plat to subdivide 9.77 acres into 27 lots and four tracts with associated infrastructure, stormwater facilities, and open space is GRANTED, subject to the conditions below. A. Site Specific Conditions of Approval The following table identifies those materials that are approved with conditions as part of this decision. Item Date Received Notes Plan Set, [pages CV-01through L- 01-L-05] 06/29/2016 and as conditioned herein. SEPA Checklist 08/02/2016 and as conditioned herein and as conditioned by the SEPA threshold determination on 08/05/2016. Conceptual Landscaping Plan 06/29/2016 and as conditioned herein. Conceptual Lighting Plan 06/29/2016 and as conditioned herein. Proposed Tree Retention Plan 06/29/2016 and as conditioned herein. Conceptual Stream and Wetland Mitigation Plan 06/29/2016 and as conditioned herein. Stormwater Design 06/29/2016 and as conditioned herein. The following conditions shall be reflected on the Civil Construction Drawings, unless otherwise noted: ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 12 of 23 1. Development Engineering - Transportation and Engineering Reviewer: Andy Chow, Senior Transportation Engineer Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] a. Easements and Dedications. Easements and dedications shall be provided for City of Redmond review at the time of construction drawing approval and finalized for recording prior to issuance of a building permit. The existing and proposed easements and right-of-way shall be shown on the civil plans. Prior to acceptance of the right(s) of way and/or easement(s) by the City, the developer will be required to remove or subordinate any existing private easements or rights that encumber the property to be dedicated. i. Easements are required as follows: a) 10-foot wide sidewalk and utilities easement, granted to the City of Redmond, along the new right-of-way of NE 116th Street. b) 10-foot wide sidewalk and utilities easement, granted to the City of Redmond, along the new right-of-way of 178th Avenue NE. c) 10-foot wide private sidewalk and utilities easement along the east side of Tract F. d) 15-foot wide private sidewalk and utilities easement along the west side of Tract F. e) 5-foot wide pedestrian access easement, granted to the City of Redmond, along the west side of Tract F. f) 25-foot wide open space and access easement, granted to the City of Redmond, along the new right-of-way of NE 116th Street. g) 10-foot wide pedestrian access easement, granted to the City of Redmond, starting from the NE 119th Court connection along the west property line of the project parcel No. [PHONE REDACTED], west boundary line of Lot 1, and south side of Tract D. h) 10-foot wide private utility easement along the north side of Tract D. i) At the time of construction, additional easements may be required to accommodate the improvements as constructed. ii. Dedications for right-of-way are required as follows: ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 13 of 23 New right-of-way lines joining at the intersection of NE 116th Street and 178th Avenue NE shall connect with a 25-foot radius, or with a chord that encompasses an equivalent area. The area formed by this radius or chord shall also be dedicated as right-of-way. A strip of land 12 feet wide abutting the existing NE 116th Street right-of- way. A strip of land 5 feet wide abutting the existing 178th Avenue NE right- of- way. (Code Authority: RZC 21.52.030 RMC 12.12) b. Construction Restoration. In order to mitigate damage due to trenching and other work on NE 116th Street and 178th Avenue NE, the asphalt street shall be planed, overlaid, and/or patched, as determined by the Traffic Operations and Safety Engineering Division in Public Works. Contact Rob Crittenden at [PHONE REDACTED]. (Code Authority: RMC 12.08; Redmond Standard Specifications & Details; RZC 21 Appendix 2-A.8.e) c. Street Frontage Improvements i. The frontage along NE 116th Street must meet current City Standards which include asphalt paving 22 feet from centerline to face of curb with appropriate tapers, type A-1 concrete curb and gutter, a variable width planter strip immediately behind the curb (10 feet minimum), a meandering 10 feet wide concrete sidewalk, a variable width landscape berm (5 feet minimum) between the concrete sidewalk and soft surface trail, a meandering 6’ wide soft surface trail, storm drainage, street lights, street trees, street signs and underground utilities including power and telecommunications. The minimum pavement section for the streets shall consist of: 4 inches HMA Class ½” PG 64-22 5 inches HMA Class 1” PG 64-22 4 inches of 1-1/4 inch minus crushed rock base course per WSDOT Standard SPEC 9-03.9(3) Subgrade compacted to 95% compacted maximum density as determined by modified Proctor (ASTMD 1557) Street crown 2% sloped to drain system ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 14 of 23 Note: Existing retaining walls along the NE 116th Street frontage are required to remove and relocate due to the frontage improvements. (Code Authority: RZC 21.52.030; 21.17.010; RMC 12.12; RZC 21 Appendix 2; Redmond Standard Specifications & Details) ii. The frontage along 178th Avenue NE must meet current City Standards which include asphalt paving 14 feet from centerline to face of curb with appropriate tapers, type A-1 concrete curb and gutter, 5 feet wide planter strips, 5 feet wide concrete sidewalks, storm drainage, street lights, street trees, street signs and underground utilities including power and telecommunications. The minimum pavement section for the streets shall consist of: 7 inches HMA Class ½” PG 64-22 4 inches of 1-1/4 inch minus crushed rock base course per WSDOT Standard SPEC 9-03.9(3) Subgrade compacted to 95% compacted maximum density as determined by modified Proctor (ASTMD 1557) Street crown 2% sloped to drain system (Code Authority: RZC 21.52.030; 21.17.010; RMC 12.12; RZC 21 Appendix 2; Redmond Standard Specifications & Details) iii. The frontage along Tract F (Private Street) must meet current City Standards which include asphalt paving 28 feet from edge to edge, standard asphalt thickened edge only on east side, 5 feet wide concrete sidewalks on both sides, storm drainage, street lights, street trees, street signs and underground utilities including power and telecommunications. The minimum pavement section for the streets shall consist of: 7 inches HMA Class ½” PG 64-22 4 inches of 1-1/4 inch minus crushed rock base course per WSDOT Standard SPEC 9-03.9(3) Subgrade compacted to 95% compacted maximum density as determined by modified Proctor (ASTMD 1557) 2% cross sloped to drain system (Code Authority: RZC 21.52.030; 21.17.010; RMC 12.12; RZC 21 Appendix 2; Redmond Standard Specifications & Details) ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 15 of 23 iv. The frontage along Tract D (Access Drive) must meet current City Standards which include asphalt paving 20 feet drive aisle or 28 feet with parking from edge to edge with appropriate tapers, standard asphalt thickened edge only on north side, 5 feet wide concrete sidewalks on the south side, storm drainage, street lights, street trees, street signs and underground utilities including power and telecommunications. The minimum pavement section for the streets shall consist of: 3 inches HMA Class ½” PG 64-22 4 inches of 1-1/4 inch minus crushed rock base course per WSDOT Standard SPEC 9-03.9(3) Subgrade compacted to 95% compacted maximum density as determined by modified Proctor (ASTMD 1557) 2% sloped to drain system Note: Minimum 3 parking stalls adjacent to Lot 6 and 1 parking space adjacent to Tract C, or 4 total parking stalls for 6 units. (Code Authority: RZC 21.52.030; 21.17.010; RMC 12.12; RZC 21 Appendix 2; Redmond Standard Specifications & Details) v. A separate 40-scale channelization plans are required for NE 116th Street, 178th Avenue NE, and Private Street or Tract F being modified or constructed. The plan shall include the existing and proposed signs, striping and street lighting and signal equipment for all streets adjacent to the site and within at least 150 feet of the site property line (both sides of the street). The plan shall conform to the requirements in the City of Redmond Standard Specifications and Details Manual. (Code Authority: RZC 21.52.030 RZC 21 Appendix 2; Redmond Standard Specifications & Details; RCW 47.24.020) vi. Sidewalks constructed to City standards are required at the following locations: NE 116th Street along the westbound frontage 178th Avenue NE along the southbound frontage Private Street or Tract F on both sides Access Drive or Tract D on south side and continue to the NE 119th Court connection ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 16 of 23 (Code Authority: RZC 21.10.150; RZC 21.17.010; RZC 21.52.050; RMC 12.12) d. Access Improvements i. The type and location of the proposed site accesses are approved as shown on the Hawks Glen transportation plan prepared by Blueline dated on 5/20/2016. (Code Authority: RZC 21.52.030 RZC 21 Appendix 2) ii. Direct access to NE 116th Street and 178th Avenue NE will not be permitted. This restriction shall be indicated on the face of the civil plans and other final documents. (Code Authority: RZC 21.52.030 RZC 21 Appendix 2) iii. The following driveways are required to be improved as specified below: The existing driveway for the project property accessing on NE 116th Street must be removed and replaced with standard frontage improvements as shown on the Hawks Glen transportation plan prepared by Blueline dated on 5/20/2016. (Code Authority: RZC 21 Appendix 2) e. Underground Utilities. All existing aerial utilities shall be converted to underground along the street frontages and within the development. All new utilities serving the development shall be placed underground. (Code Authority: RZC 21.17.020; RZC 21 Appendix 2 – A.11) 2. Development Engineering – Water and Sewer Reviewer: Zheng Lu, Senior Utilities Engineer Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] a. Water Service. Water service will require a developer extension of the City of Redmond water system as follows: a new 8-inch water main shall be constructed in the neighborhood street in looped shape. Both ends of the looped water pipe shall be connected to the existing12-inch water main on 178th Avenue NE. (Code Authority: RZC 21.17) b. Sewer Service. Sewer service will require a developer extension of the City of Redmond sewer system as follows: An 8-inch sewer pipe shall be constructed under neighborhood street. This sewer pipe collects sewer from 26 lots and discharge into the 8-inch sewer main on 178th Avenue at the south entrance. The ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 17 of 23 side sewer from Lot 26 connects with 8-inch sewer main on 178th Avenue separately. c. Water pipe and sewer pipe shall have 10 feet minimum separation. (Code Authority: RZC 21.17) d. Easements. Easements shall be provided for all water and sewer improvements as required in the Design Requirements for Water and Sewer System Extensions. Easements for the water and sewer mains shall be provided for City of Redmond review at the time of construction drawing approval. Offsite easements must be recorded prior to construction drawing approval. (Code Authority: RZC Appendix 3) e. Reimbursement Agreement. Portions of this extension may benefit other properties and meet the criteria to be eligible for a reimbursement agreement. In order to be eligible for reimbursement, the City must have received a completed reimbursement agreement application prior to approval of civil drawings and the agreement must be fully executed, by the City, prior to commencement of construction of the facility. (Code Authority: RMC 13.12) f. Permit Applications. Water meter and side sewer applications shall be submitted for approval to the Development Engineering Utility Division. Permits and meters will not be issued until all improvements are constructed and administrative requirements are approved. Various additional guarantees or requirements may be imposed as determined by the Utilities Division for issuance of meters and permits prior to improvements or administrative requirements being completed. All reimbursement fees shall be paid prior to sale of water and side sewer permits. (Code Authority: RMC 13.08.010, 13.12) g. Reimbursement Fees. Reimbursement fees for connection of water and/or sewer are required in the amount of $ 51,292.19. These fees are due prior to the sale of water and side sewer permits for this project. (Code Authority: RMC 13.12.120) 3. Development Engineering – Stormwater/Clearing and Grading Reviewer: Cindy Wellborn, P.E., Senior Stormwater and Utilities Engineer Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 18 of 23 a. Water Quantity Control. Stormwater discharges shall match the developed discharge duration to the predeveloped duration for the range of predeveloped discharge rates from 50% of the 2-year peak flow up to the full 50-year flow. Detention shall be provided in a privately maintained combined detention/wet vault facility. Provide for overflow routes through the site for the 100-year storm. (Code Authority: RMC 15.24.080)(2)(d) b. Water Quality Control. Basic water quality treatment shall be provided in a privately maintained combined detention/wet vault facility. Treatment is required for the 6- month, 24 hour return period storm. (Code Authority: RMC 15.24.080(2)(c)) c. Public Easements. Easements will be required for any public stormwater conveyance systems on private property. Easements shall be provided for City of Redmond review at the time of construction drawing approval and finalized for recording prior to issuance of a building permit or issuance of water meter or side sewer permits. The existing and proposed easements shall be shown on the civil plans. Prior to acceptance of the easement(s) by the City, the developer will be required to remove or subordinate any existing private easements or rights that encumber the property to be dedicated. (Code Authority: RMC 15.24.080(2)(i), RZC 21.74.020(C)) d. Private Stormwater Easements. Private stormwater easements will be required where drainage systems are located across adjacent properties and will remain under private ownership. Maintenance of private drainage systems will be the responsibility of the property owners benefiting from the easement. Prior to construction drawing approval and final short subdivision recording, fully executed and recorded easements shall be provided to the Development Engineering Division. Easements are required as follows: 10-foot wide Private Drainage Easement at the back of Lots 6 through 16. (Code Authority: RMC 15.24.08(2)(i), RZC 21.74.020(C)) e. Clearing and Grading. Vault shall discharge to Monticello Creek on the north side of 178th Avenue NE. HPA Approval is required for the discharge and outfall to Monticello Creek prior to Civil Approval. Lot drains from Lots 17 and 18 shall not be routed to the vault, instead drains will discharge to a separate location on the south tributary of Monticello Creek. ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 19 of 23 The existing dewatering system of perforated pipes, sandbags, well, and any other elements associated with the system shall be removed. A swale shall be placed at the back of Lots 6 -16 to intercept offsite flows and convey the flows to the detention vault. (Code Authority: RMC 15.24.080) f. Temporary Erosion and Sediment Control (TESC). Rainy season work permitted October 1st through April 30th with an approved Wet Weather Plan. (Code Authority: RMC 15.24.080) g. Landscaping. All new landscaped areas within the project site are required to have compost amended soils per City of Redmond Standard Detail 632. (Code Authority: RZC 21.32) h. Department of Ecology Notice of Intent Construction Stormwater General Permit. Notice of Intent (NIO) must be submitted to the Department of Ecology (DOE) at least 60 days prior to construction on a site that disturbs an area of one acre or larger. Additional information is available at: www.ecy.wa.gov/pubs/0710044.pdf. (Code Authority: Department of Ecology Rule) 4. Fire Department Reviewer: Scott Turner, Assistant Fire Marshal Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] The current submittal is generally adequate for LAND-205-01452 Approval, but does not fully represent compliance with all requirements. The following conditions are integral to the approval and shall be complied with in Civil Drawings, Building Permit Submittals, Fire Code Permit submittal, and/or other applicable processes: a. Site Plan Condition. All Emergency Vehicle Access Easements shall be recorded. All roadways must support the weight of Fire Apparatus as described in RFDS 2. Signage and striping for all roadways will be detailed in the civil plan. b. Fire Protection Plan All homes shall be equipped with an NFPA 13d compliant fire sprinkler system. (Code Authority: RMC 15.06; RZC Appendix 3, RFD Standards, RFDD&CG) ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 20 of 23 5. Planning Department Reviewer: Sarah Vanags, Senior Planner Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] a. Street Trees. The following street trees are required to be installed in accordance with RZC Section 21.32.090. The minimum size at installation is 2 ½ inch caliper. Street Species Spacing 178th Ave NE Red Sunset Maple 30’ on center New Internal Road Aristocrat Pear 30’ on center (Code Authority: RZC 21.32.090) b. Tree Preservation Plan. A Tree Preservation Plan depicting all significant and landmark trees required to be preserved as part of the site development must be provided with the civil construction drawings. A plan showing the location of preserved trees and containing protection language approved by the City shall be shown on the face of the deed or similar document and shall be recorded with the King County Department of Records and Elections. (Code Authority: RZC 21.72.060 c. Final Critical Areas Report and Enhancement Mitigation Plan. A final Critical Areas Report must be submitted with the civil construction drawings or building permits if civil construction drawings are not required. All required enhancement and mitigation must be shown on the civil construction drawings. This includes any required planting, signage, fencing, wetland, or stream enhancement, etc. that is required in the report. (Code Authority: RZC 21.63, Appendix 1) d. Critical Areas Recording. The regulated critical area and its associated buffer(s) must be protected by an NGPE or placed in a separate tract where development is prohibited. Proof of recording must be submitted to the City prior to issuance of a Certificate of Occupancy on the site. (Code Authority: RZC 21.64.010(L), 21.64.010(J); RMC 15.24.080(2)(i)) e. Monitoring Program and Contingency Plan. A monitoring program shall be prepared and implemented to determine the success of the mitigation project and any necessary corrective actions. A contingency plan shall be established for indemnity in the event that the mitigation project is inadequate or fails. (Code Authority: RZC 21.64.010(P)) f. Open Space. Tract A, B, C and Tract E shall be maintained as open space tracts for ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 21 of 23 recreation, critical areas and tree preservation. Upon recording of the final plat, these tracts shall be maintained and held in common by the Hawks Glen HOA. g. Green Infrastructure Incentive Program. As part of the Hawks Glen Preliminary Plat, the following code provision shall be modified as recommended by the Technical Committee: i. Lot Size. The average lot size requirement shall be 5,250 square feet granted through 30% lot size reduction incentive. ii. 30% Native Vegetation Retention. At least 30 percent of the native vegetation area shall be retained in native vegetation and set aside in Native Growth Protection Areas. Drought Tolerant Landscaping. Landscaping must shall meet the requirements and planting criteria set forth in RZC 21.67.050 C (Code Authority: RZC 21.67.050) Condition Applies: Civil Construction, Final Plat Document, Building Permit h. Affordable Housing. The plat shall provide 10% of the units as affordable housing. Prior to the issuance of any building permit, an Affordable Housing Agreement approved by the City must be record with the King County Department of Records and Elections. (Code Authority: RZC 21.13 table 21.13.01D) B. Compliance with City of Redmond Codes and Standards This approval is subject to all applicable City of Redmond codes and standards, including the following: Transportation and Engineering RMC 6.36: Noise Standards RZC 21.52: Transportation Standards RZC 21.40.010(E): Design Requirements for Parking Facilities RZC 21.54: Utility Standards RMC 12.08: Street Repairs, Improvements & Alterations RMC 12.12: Required Improvements for Buildings and Development RMC 12.16: Highway Access Management RZC 21.76.100(F)(9)(c) Nonconforming Landscaping and Pedestrian System Area RZC 21.76.020(G): Site Construction Drawing Review RZC 21.76.020(H)(6): Preconstruction Conference RZC 21.76.020(H)(7): Performance Assurance RZC Appendix 3: Construction Specification and Design Standards for Streets and Access ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 22 of 23 City of Redmond: Record Drawing Requirements, July 2015 City of Redmond: Standard Specifications and Details (current edition) Water and Sewer RMC 13.04: Sewage and Drainage RMC 13.08: Installing and Connecting Water Service RMC 13.10: Cross-Connection and Backflow Prevention RZC 21.17.010: Adequate Public Facilities and Services Required RZC Appendix 4: Design Requirements for Water and Wastewater System Extensions City of Redmond: Standard Specifications and Details (current edition) City of Redmond: Design Requirements: Water and Wastewater System Extensions - January 2012. Stormwater/Clearing and Grading RMC 15.24: Clearing, Grading, and Storm Water Management RZC21.64.060 Planting Standards RZC 21.64.010: Critical Areas RZC 21.64.040: Frequently Flooded Areas RZC 21.64.050: Critical Aquifer Recharge Areas RZC 21.64.060: Geologically Hazardous Areas City of Redmond: Standard Specifications and Details (current edition) City of Redmond: Stormwater Technical Notebook, 2012 Department of Ecology: Stormwater Management Manual for Western Washington (revised 2005) Fire RMC 15.06: Fire Code RZC Appendix 3: Construction Specification and Design Standards for Streets and Access City of Redmond: Fire Department Design and Construction Guide 5/6/97 City of Redmond: Fire Department Standards Planning RZC 21.58-21.62 Design Standards RMC 3.10 Impact Fees RZC 21.32, 21.72: Landscaping and Tree Protection RZC 21.34: Exterior Lighting Standards RMC 6.36: Noise Standards RZC 21.40: Parking Standards RCZ 21.64: Critical Areas RZC 21.44: Signs ---PAGE BREAK--- Findings, Conclusions, and Decision Redmond Hearing Examiner Hawks Glen Preliminary Plat, LAND 2015-01452 page 23 of 23 DECIDED October 10, 2016. By: Sharon A. Rice City of Redmond Hearing Examiner Note: Type III decisions of the Hearing Examiner may be appealed to the City Council in a closed record appeal proceeding as provided in RZC 21.76.060.M. Any party with standing (detailed at RZC 21.76.060.M.2.a) may appeal this decision by filing the appropriate appeal form along with the required fee no later than 5:00 pm on the tenth business day following the expiration of the reconsideration period. See RZC 21.76.060.M for further detail on appeal requirements. RZC Appendix 1: Critical Areas Reporting Requirements Building 2012 International Building Codes (IBCs) 2012 Uniform Plumbing Code 2012 International Residential Code (IRC)