Wilburton Park Residences - PDF document

1 Wilburton Park Residences 17 - 130887
Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 2 of 40 CONTENTS I. Request and Review Process Pg 1 - 5 II. Site Context , Des ign , Zoning, Land Use Context Pg 5 - 10 III. Consistency with Land Use Code Requirements Pg 10 - 27 IV. Public Notice and Comments Pg 27 - 28 V. Technical Review Pg 28 VI. State Environmental Policy Act (SEPA) Pg 28 - 29 VII. Changes to Pro posal Due to City Review Pg 29 VIII. Decision Criteria Pg 29 - 35 IX. Conclusion and Decisio n /Recommendation Pg 35 X. Conditions of Approval Pg 35 - 40 Attached to this Staff Report 1. Site Plan Documents Referenced in this Report found in Files 17 - 130887 - LO and 17 - 130887 - LS 1. Critical Areas Plans: Tree Retention, Landscape, Mitigation, and Restoration Plan 2. Variance Plans 3. Geotechnical Investigation and Critical Areas Report 4. Critical Areas Report, Habitat Assessment and Vegetation Management Plan 5. A rborist Report 6. Public Comments 7. Pertinent Communication 8. SE PA Checklist 9. Application Forms Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 3 of 40 I. REQUEST AND REVIEW PROCESS A. REQUEST The applicant requests approvals of a Critical Areas Land Use Permit (CALUP) , a T hreshold Determination under the Stat e Environmental Policy Act ( SEPA ) , and a Variance from the Land Use Code to construct 15 detached single - family residences and associated road and utility infrastructure on 16 undeveloped lots zoned multifamily residential . Roads and utilities will be con structed in existing public right - of - way and dedicated private property. The project also include s temporary disturbance from construction and restoration planting on public right - of - way and on City - owned property. The lots were created in 1904 and hav e remained vacant since. Typical road and utility improvements generally associated with platting were not completed when the lots were created therefore the project includes construction of subdivision

2 infrastructure in addition to the re
infrastructure in addition to the residential constr uction . The site is accessed via SE 5 th St reet that ends at the western edge of the project site . The pr oposal will extend SE 5 th to access the subject lots and to reach the Wilburton Hill Community Park that is adjacent to the east of the project site. The p roposal will also connect SE 5 th Street to SE 4 th Place located along the northern edge of the project site. All vehicle traffic will access the site via SE 5 th St reet , but lots 13 - 16 will access SE 4 th Place via SE 5th Street. SE 4 th Place will be renamed to SE 4 th Court. All roads proposed will be public streets that are maintained by the City with half of SE 4 th Place being private property dedicated to the City . See Section II.B and Figure 1 below . Figure 1 N Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 4 of 40 B. REVIEW PROCESS The site has s teep topography that qualifies as steep slope critical areas. Each lot is nonconforming per LUC 20.20.070 to lot area and width, having 4,000 square feet of lot area and 40 feet of lot width. These site factors are the reasons for the Critical Area Land Use Permit and Land Use Variance. The Critical Areas Land Use Permit is required as the proposal includes: • Development on lots 1 - 8 through a reasonable use exception that impacts steep slope critical areas and the 50 - foot top - of - slope critical area buffer . T he proposed total permanent disturbance which includes house footprint, decks, driveway, and all other improvements is contained within a development envelope that ranges from 1,499 square feet to 1,708 square feet for every lot . • Improvement of the unim proved public right - of - way that impacts steep slope critical area and 50 - foot top - of - slope critical area buffer. • Reduction of the 50 - foot top - of - slope buffer to construct homes on lots 13 - 16 . • C onstruction of utilities that temporarily impact steep slope critical area. The improvements proposed under the Critical Area Land Use Permit can be separated into two categories: improvements that are allowed under LUC 20.25H.055 and improvements that are only allowed through a c

3 ritical area report process in LU C 20.2
ritical area report process in LU C 20.25H.230. • Reasonable use e xception s and construction of public streets are allowed uses per LUC 20.25H.055. To be approved, t hese uses must demonstrate that there is no feasible alternative with less impact on the critical area and buffer , and that im pacts have been avoided as much as possible and mitigation for any impacts provided. • Reduction of a top - of - slope buffer for residential development and construction of private utilities is only possible through a critical area report process described in L UC 20.25H.230 and meeting the criteria in LUC 20.25H.255 . A critical areas report is a mechanism where an applicant can propose to modify certain critical areas requirements. The applicant must demonstrate that a site has degraded conditions, functions, and values and that the proposal results in a net increase of critical area functions and values , or that the project provides unique design or protection of critical area function and values that exceeds the requirements of the Land Use Code . See file do cument 1 for critical areas plans. In addition to the CALUP, the proposal includes a request to modify zoning dimensional standards through a Variance from the Land Use Code . Requests to modify these dimensional standards must meet the decision criteria in LUC 20.30 G.140. T he applicant requests a variance to allow : • Reduced front setbacks required in LUC 20.20.010 from 20 feet to four feet for all lots to further avoid impacts to the steep slope and buffer . • Higher percentage of lot coverage by structures than allowed in LUC 20.20. 010 for lots 1 - 8 and 13 - 16 due to the existing lot size being smaller than the minimum required and the extent of critical areas steep slope cover age. • Relief from the height limitations imposed by LUC 20.20.070 .B . The applicant a lso Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 5 of 40 requests increased height for all lots to consolidate the house footprint on each lot and avoid impacts to the steep slope and buffer . See file document 2 for variance plan s of the project. II. SITE CONTEXT, DESIGN , ZONING, SPECIAL AND OVERLAY DISTRICTS,

4 LAND USE CONTEXT A. SITE CONT
LAND USE CONTEXT A. SITE CONTEXT The project site consists of 16 undeveloped separate parcels located in the Wilburton subarea of Bellevue. The lots were created as part of the Wilb urton Addition plat recorded in 1904. Each lot is approximately 4,000 sq uare feet in area and 40 feet wide by 100 feet deep. The project site i s adjacent to the Wilburton Hill Community Park . The park is located to the east of the site and contains the Bellevue Botanical Garden. The site is adjacent to the Lake Hills Connec tor to the south and other residential development to the west and north. Surrounding residential development includes both multi - family and single - family uses despite the area being zoned multifamily. The site is accessed by SE 5 th St reet which is an i mproved road until the street reaches this site where it becomes an undeveloped public right - of - way. SE 5 th St reet provides access to the adjacent park for Park’s maintenance vehicles. The project abuts the undeveloped right - of - way of SE 4 th Pl ace to the north , and additional city owned right - of - way to the east that separates the project site from the park. One lot of this same plat is owned by the City of Bellevue Transportation Department and it is in the southeast corner of the project site. No hous e development is proposed on this lot; however , the proposal will include installing native vegetation in this location to remove invasive vegetation , that if left untouched, would impact the success of the mitigation planting nearby. The topography on th e site slopes steeply up from the Lake Hill Connector and flattens out at the unimproved SE 5 th St reet right - of - way. The site topography then slopes upward again from SE 5 th St reet and again flattens out near the unimproved right - of - way of SE 4 th Pl ace . The site is completely undeveloped and generally covered by a mixed forest of coniferous and deciduous trees and an understory of native shrubs and invasive species . See Figure 2 below f o r the existing site . Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 6 of 40 Figure 2 B.

5 DESI GN T he small lot areas and the s
DESI GN T he small lot areas and the steep topography of most of the 16 lots have challenged project design on this site . The applicant has gone through several iterations over time to respond to these design challenges . The cu rrent proposal under this applica tion is to cons truct single family residences on each lot , extend SE 5 th St reet onto this site , construct SE 4 th Pl ace , and extend utilities onto the site. The lots are existing, but no infrastructure exists and must be constructe d prior to any house cons truction, similar to a new subdivision . Fifteen houses are proposed in total. The 16 th lot is devoted to road access to connect SE 5 th St reet to SE 4 th Pl ace . The project is unique in that the lots are already existing but are missing all infrastructu re typically built before lots are created. The construction of this infrastructure will require impacting critical areas. As a result, the project has been design ed to allow development on each lot but avoid impacts to the steep slopes and significant t rees to the maximum extent possible. Lots 1 - 8 , which comprise half of the site , are subject to a reasonable us e exception in LUC 20.25H that provides 3,000 square feet for all development on each lot . The lots are 4,000 square feet in area whi ch means th at most of the lot is allowed by code to be impacted by development . However, the proposed total footprint of all development, which includes house footprint, decks, driveway, and all other improvements is contained within a development envelope that rang es from 1,499 square feet to 1,708 square feet for lots 1 - 8 as well as all other lots proposed for development . The result is that the proposed development on each lot preserves half or near half of each lot. The houses on each lot are located as close t o the road access points as possible to avoid PROJECT SITE N Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 7 of 40 steep slopes and significant trees. Each house has sufficient driveway to park a car fully out of the public right - of - way as well as a garage to park two cars off the street. The house design utilizes a moder n flat - roof style that h

6 as a small footprint with much of the h
as a small footprint with much of the house cantilevered over the slope and over the driveway . All exterior recreational space is provide d by cantilevered decks attached to the houses and on the roof of each house. This design con solidates most of the recreational use within the house footprint. Each house also has a green roof system which is intended to provide improved stormwater functions as an innovative stormwater feature . Storm water detention is proposed and provided within detention vaults located under SE 5 th St reet right - of - way. Drainage from the site will collect in a vault which has two outfall storm line s that will be installed on the steep slope below the houses on lots 1 - 8 so that the project site drains downslope to the Lake Hills Connector. The drain outfalls must cross City - owned property . In addition to disturbance from construction , the project proposal includes restoration planting of City right - of - way and property managed by the Fire Department . All use of City right - of - way and property will require approval from the Real Properties division of Civic Services and any specific city department approvals required. See conditions of approval in Section X of this report. The project will extend and improve SE 5 th St reet and connect the road to SE 4 th Place for access to the proposed residence s . The improved street constitutes a majority of the impact to steep slopes and buffers associated with the project . At present there is no master plan to provide a conne ction from Wilburton P ark to the Eastside Rail Corridor trail, but this road improvement may be part of future connection s . The street width allows cars to park on one side of the road providing sufficient visitor parking area. Due to the location of the right - of - way and steep slopes , the designed improvement s include a wall along the north edge of SE 5 th Street with a maximum height of 18.5 feet and a wall along the north edge of SE 4 th Place with a maximum height of 15 feet . To soften the appearance of the wall s, the applicant is proposing the planting of vining vegetation at the base to create the effect of a living wall feature which will be

7 required as part of the landscaping pla
required as part of the landscaping plan . See Figure 3 below for conceptual house and site designs. See cond itions of approval in Section X of this report. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 8 of 40 Figure 3 LOT 4 LOT 10 LOT 14 LOT 10 LOT 4 Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 9 of 40 C. ZONING The subject site and surrounding properties are zoned R - 10 and R - 20, multifamily residential zoning districts . The proposed single - family residences are allowed uses in a multifamily zone per LUC 20.10.400. Single - family zoned property is located to the northeast and to the south, across Lake Hills Connector . These single - family zoned properties are the Wilburto n Hill Community Park and City of Bellevue Fire Station Number 7 . See Figure 4 below for zoning. Figur e 4 Project Site LOT 14 N Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 10 of 40 D. SPECIAL AND OVERLAY DISTRICTS The project is located within the Critical Areas Overlay District and Transition Area Design Dis trict. As described, the applicant has applied for a Critical Area Land Use Permit given the project area has critical areas present. The project is excluded from design review and compliance with the requirements of the Transition Area Design District a s the proposal is for all single - family residences. In addition per LUC 20.25B.020.B.9, the transition area is not applicable when the single - family district receiving transition is developed with nonresidential uses. The adjacent park and fire station a re nonresidential uses located in a single - family zone. E. LAND USE CONTEXT Like the dual zoning on this site, there is also a dual comprehensive plan land use designation for the site. The land use designation s are MF - M and MF - L , Multifamily Medium Density and Multifamily Low Density respectively. Single - family development is allowed in multifamily zones and land use designations. I

8 II. CONSITENCY WITH LAND USE CODE REQU
II. CONSITENCY WITH LAND USE CODE REQUIREMENTS A. CONFORMANCE WITH DIM ENSIONAL REQUIREMENT S Each house is subject to the dimension al requirements in LUC 20.20.010 for the R - 10 and R - 20 zones . The proposed structures generally conform to the requirements except as noted below, where a variance is requested to modify the zoning requirement indicated. The extent of variance proposed o n each lot can be found on the varianc e plans file document 2 . Conformance with zoning requirements for each house will be evaluated and confirmed as part of each building permit. See conditions of approval in Section X of this report. 1. Front Setback E ach lot is required to have a 20 - foot front setback per LUC 20.20.010. The applicant requests a variance be granted to have a reduced front setback for all lots. • The proposed front setback is 4 feet for lots 1 - 8 • The proposed front setback ranges from 2 feet, 3 inches to 4 feet, 4 inches for lots 10 - 12 • The proposed front setback ranges from 2 feet to 16.5 feet for lots 13 - 16 2. Height Each lot is n onconforming per LUC 20.20.070 and lacking 70 percent of the required minimum lot area and width for lots in th e R - 10 and R - 20 zones. As a result, the height of each house is limited per the calculation in LUC 20.20.070.B which results in a maximum allowable height of 24.6 feet. LUC 20.20.070.B has a provision for the height to be increased through a variance but limits the potential increase to the maximum height stipulated for the R - 10 and R - 20 zones, which is 30 feet . The applicant requests relief from the 30 - foot height limitation through a variance to this specific code section, LUC 20.20.070.B . Heights pro posed range from 35 feet, 2 inches to 46.5 feet . The height measurement is influenced by the steep grades across the property . Structure height is measured from average finished grade and in this case, the finished grade will be largely Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 11 of 40 left unchanged in order to minimize impacts to critical areas . The average height for all lots is requested to be approximately 40 feet. See the height table below for all proposed heights

9 . Lot # Proposed Height above AF
. Lot # Proposed Height above AFG Height Exceedance above 30’ Requested 1 41’ 3” 10’ 7” 2 42’ 11” 12’ 11” 3 42’ 12’ 4 41’ 6” 11’ 6” 5 39’ 10” 9’ 10” 6 40’ 3” 10’ 3” 7 42’ 12’ 8 40’ 10” 10’ 10” 10 35’ 5” 5’ 5” 11 35’ 5” 5’ 5” 12 35’ 2” 5’ 2” 13 44’ 14’ 14 43’ 2” 13’ 2” 15 46’ 2” 16’ 2” 16 44’ 2” 15’ 2” 3. Lot Coverage The m aximum lot coverage in the R - 10 and R - 20 zones is 35 percent of the net lot area, after any areas of steep slope critical areas are excluded per footnote 13 of LUC 20.20.010 . Due to the site topography many of the lots would result in a significantly limi ted lot coverage . Where critical areas are less an issue, the small lot area also provides a more limited footprint. As each lot is a legal lot and allowed to have a house a variance is proposed to allow the lots to achieve a reasonable house footprint a nd a consistent house product for the project . T he largest proposed footprint is approximately 1,708 square feet . The chart below shows the allowed footprint without a variance, the percentage of lot coverage proposed, and the proposed square footage of the footprint requested by the variance. Note that t he net lot area was used to calculate the percent of lot coverage and excludes any critical areas. Lot # Allowed Footprint SF w/o Variance Proposed Footprint SF Percent of Lot Coverage 1 950 1,499 55.2 5 2 624 1,708 95.79 3 740 1,708 80.79 4 993 1,708 60.20 Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 12 of 40 5 930 1,708 64.45 6 757 1,708 78.96 7 618 1,708 96.72 8 277 1,499 189.27 10 1398 1,679 42.04 11 1399 1,671 41.82 12 1399 1,671 41.81 13 1102 1,594 50.62 14 1037 1,594 53.78 15 1279 1,594 43.62 16 1384 1,594 40.30 B. CONFORMANCE WITH TREE RETENTION The site has extensive coverage by significant trees that are greater than eight inches in diameter. Per LUC 20.20.900, this project is required to retain 30 percent of the diameter inches acros s the pr

10 oject site. There are 164 significant t
oject site. There are 164 significant trees on - site that comprise 2,292 diameter inches. Thirty percent of the diameter inches is 688 inches and the project proposes to retain 809 diameter inches or approximately 35 percent of the total diameter inches. The proposal satisfies the tree retention requirement. Grading is proposed within the dripline of several trees that are to be retained. All grading within driplines of retained trees is required to be monitored by the project arborist and a fin al tree report on retained tree health is required prior to final inspection by Land Use staff on clearing and grading permit 18 - 103389 - GE. Any additional tree removal will require replacement trees. Prior to issuance of permit 18 - 103389 the arborist shall provide a memo to verify the proposed tree retention is still viable per the plans proposed under the grading permit. See conditions of approval in Section X of this report . C. CONFORMANCE WITH IMPERVIOUS SURFACE T he project proposes green roofs on the proposed homes. Per LUC 20.20.010 the maximum impervious coverage limit is 65 percent of the lot area. Per LUC 20.20.460.G, a project may utilize innovative techniques that m imic the function of pervious surfaces and these areas can be excluded from calculation as impervious surfaces. The building permit for each house shall include plans for the green roof that are designed by a professional engineer licensed in the State of Washington. A maintenance agreement to guarantee the roofs are maintained and functional will be required as part of each building permit. The chart below shows the impervious surface coverage percentage including and excluding the green roof rounded up to the nearest percent . In either case the proposed impervious is less than 65 percent for all lots. See conditions of approval in Section X of this report. Lot # Impervious % Including Green Roof Proposed Impervious % Excluding Green Roof 1 40 14 2 45 19 3 45 17 Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 13 of 40 4 45 19 5 45 17 6 45 19 7 45 17 8 40 14 10 46 19 11 53 15 12 53 15 13 42 14 14 41 14 15 42 14 16 47 20 D. CRITI

11 CAL AREAS REQUIREMENTS LUC 20 .25H
CAL AREAS REQUIREMENTS LUC 20 .25H 1. Critical Areas Functions and Values The project has vegetated steep slopes whic h have habitat and stormwater function and value . The Land Use Code protects critical areas and their important functions and values: i. Geologic Hazard Areas Geologic hazards pose a threat to the health and safety of citizens when commercial, residential, or industrial development is inappropriately sited in areas of significant hazard. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction practices. When technology cannot reduce risks to acceptable levels, bui lding in geologically hazardous areas is best avoided (WAC 365 - 190). Steep slopes may serve several other functions and possess other values for the City and its residents. Several of Bellevue’s remaining large blocks of forest are located in steep slope areas, providing habitat for a variety of wildlife species and important linkages between habitat areas in the City. These steep slope areas also act as conduits for groundwater, which drains from hillsides to provide a water source for the City’s wetland s and stream systems. Vegetated steep slopes also provide a visual amenity in the City, providing a “green” backdrop for urbanized areas enhancing property values and buffering urban development. ii. Habitat Associated with Species of Local Importance Urbani zation, the increase in human settlement density and associated intensification of land use, has a profound and lasting effect on the natural environment and wildlife habitat (McKinney 2002, Blair 2004, Marzluff 2005 , Munns 2006), is a major cause of nativ e species local extinctions (Czech et al 2000 ), and is likely to become the primary cause of extinctions in the coming century (Marzluff et al. 2001a). Cities are typically located along rivers, on coastlines, or near large Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 14 of 40 bodies of water. The associated floodplains and riparian systems make up a relatively small percentage of land cover in the western United States, yet they provide habitat for rich wildlife communities (Knopf et al. 1988), which in turn provide a source for urban habitat patches or reser ves. C

12 onsequently, urban areas can support ri
onsequently, urban areas can support rich wildlife communities. In fact, species richness peaks for some groups, including songbirds, at an intermediate level of development (Blair 1999, Marzluff 2005). Protected wild areas alone cannot be depended o n to conserve wildlife species. Impacts from catastrophic events, environmental changes, and evolutionary processes (genetic drift, inbreeding, colonization) can be magnified when a taxonomic group or unit is confined to a specific area, and no one area or group of areas is likely to support the biological processes necessary to maintain biodiversity over a range of geographic scales (Shaughnessy and O’Neil 2001). As well, typological approaches to taxonomy or the use of indicators present the risk that evo lutionary potential will be lost when depending on reserves for preservation (Rojas 2007). Urban habitat is a vital link in the process of wildlife conservation in the U.S. 2. Critical Areas Impacts The applicant is proposing the following improvements throu gh a Critical Areas Land Use Permit . • Development on lots 1 - 8 through a reasonable use exception that impacts steep slope critical areas and the 50 - foot top - of - slope buffer . • Construction of public right - of - way that impacts steep slope critical area and 50 - foot top - of - slope buffer. • Reduction of the 50 - foot top - of - slope buffer for development on lots 13 - 16. • C onstruction of private utilities that temporarily impact steep slope critical area . Most of the modifications and disturbance of critical areas and buffer result from construction of houses on lots 1 - 8 under the reasonable use exception and the proposed construction of public roadway . These activities are considered allowed uses under LUC 20.25H.055. The remainder of the proposed modifications resu lt from construction of homes on residential lots 13 - 16 and private utilities . These modifications are proposed under a critical area report process in LUC 20.25H.230 . Project I mpacts : • 10,437 square feet of steep slope impact (includes 320 temporary i mpact from trenching for drainage lines) • 27,383 square feet of top - of - slope buffer impact TOTAL: 37,820 square feet of total steep slope

13 critical area and slope buffer impact
critical area and slope buffer impact Project M itigation: TOTAL: 40,497 square feet of mitigation planting on the pr oject site Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 15 of 40 In addition to and separate from the mitigation planting the applicant proposes to plant 18,174 square feet of restoration planting on public property adjacent to the site , provided the applicant completes the approval process with Real Propert ies and any required department approvals . This planting is not required to meet the mitigation required. The remaining critical areas and buffer areas on the project site will be placed into Native Growth Protection Area (NGPA ) easements that will prote ct the areas from future development . See conditions of approval in Section X of this report. 3. Environmental Reports and Information The applicant has prepared the following information related to critical areas on - site that are found in the project file : • Geotechnical Investigation and Critical Areas Report by S tantec revised January 23, 2018 (File Document 3) • Critical Areas Report, Habitat Assessment and Vegetation Management Plan revised April 25, 2018 and prepared by Altmann Oliver Associates (File Do cument 4) • Tree Retention, Landscape, Mitigation, and Restoration Plan revised August 30, 2018 and prepared by Altmann Oliver Associates (File Document 1) • Arborist Report dated September 23, 2016 and addendum dated May 24, 2018 prepared by Greenforest Incor porated (File Document 5) 4. Conformance with Critical Areas Requirements for Allowed U ses in LUC 20.25H.055 The City of Bellevue Land Use Code Critical Areas Overlay District (LUC 20.25H) establishes performance standards and procedures that apply to develo pment on any site which contains in whole or in part any portion designate d as steep slope critical area or buffer. LUC 20.25H.055 establishes certain uses which are allowed in critical areas. Uses which are not s pecifically allowed , require evaluation t h rough a c ritical a reas r eport. Construction of public streets improvements is an allowed use in critical areas and buffers . T he project must meet the following code requirements. i.

14 Consistency with LUC 20.25H.055.C .2.a
Consistency with LUC 20.25H.055.C .2.a for Allowed Uses New and Expanded Uses or Development. New or expanded facilities and systems are allowed within the critical area or critical area buffer only where no technically feasible alternative with less impact on the critical area or critical area buffer exists. A determination o f technically feasible alternatives will consider: a. The location of existing infrastructure; Finding: The proposal is to construct the public street of SE 5 th Street within the existing right - of - way provided . SE 4 th Place will be constructed half in pu blic right - of - way and half on private property on lots 13, 14 , and 15 . The public improvements on private property will be dedicated to the City. Limited existing Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 16 of 40 infrastructure exists in the vicinity of the site . However, the site has been subdivided w ith dedicated public right - of - way provided but not improved . The existing lots must have vehicle access using the dedicated and improved right - of - way. See the attached site plan for road locations . b. The function or objective of the proposed new or expand ed facility or system; Finding: The road s are necessary to provide access for the development proposed and to maintain access into the City park. c. Demonstration that no alternative location or configuration outside of the critical area or critical area b uffer achieves the stated function or objective, including construction of new or expanded facilities or systems outside of the critical area; Finding: Given the site is already platted and that the steep slopes and top - of - slope buffer comprise much of the dedicated right - of - way there is no alternative location that would avoid impact s to critical area . The applicant and city explored limiting the extent of improvement s required for the SE 5 th St reet right - of - way however this alternative did not meet ci ty transportation standards. SE 5 th St reet is a connector between the Wilburton Hill Community Park and the Eastside Rail Corridor and a pedestrian connection between these two public facilities is described in the City’s

15 Pedestrian and Bike Plan. Theref ore ,
Pedestrian and Bike Plan. Theref ore , this road is an important connection and required the extent of improvement propos ed as part of this application . d. Whether the cost of avoiding disturbance is substantially disproportionate as compared to the environmental impact of proposed disturban ce; and Finding: The only real alternative available to further avoid impacts would be to vacate the plat or the right - of - way and re - subdivide the property. The process to vacant a public right - of - way requires Council approval. T hese alternatives were explored but would have resulted in considerable time and cost expenditure and would likely have resulted in fewer potential units and still resulted in a project that impacted critical areas and vegetation on the site. Any development on this site wil l impact steep slopes and buffers and significant vegetation. The site is platted with 16 legal lots which allows houses to be developed on each. The cost needed to achieve greater avoidance would be substantially disproportionate to th e environmental im pact proposed in the current proposal. e. The ability of both permanent and temporary disturbance to be mitigated. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 17 of 40 Finding: The remaining property outside of roads and house development is to be planted with mitigation planting. Restoration planting is proposed to restore the areas of drainage line construction on the steep slope. The remaining areas are also to be dedicated as an NGPA easement. See conditions of approval in Section X of this report. ii. Consistency with LUC 20.25H.055.C.2.b for Allowed Uses New and Expanded Uses or Development. If the applicant demonstrates that no technically feasible alternative with less impact on the critical area or critical area buffer exists, then the applicant shall comply with the following: a. Location and desig n shall result in the least impacts on the critical area or critical area buffer; Finding: The proposed street improvements are the minimum necessary and have reduced impacts as much as possible given that the location of the right - of - way already exists and there is no option to move the dedic

16 ated right - of - way. b. Disturba
ated right - of - way. b. Disturbance of the critical area and critical area buffer, including disturbance of vegetation and soils, shall be minimized; Finding: The use of walls along the roads minimizes the amount of slope cutting needed and preserves existing topography and v egetation as much as possible. c. Disturbance shall not occur in habitat used for salmonid rearing or spawning or by any species of local importance unless no other technically feasible location ex ists; Finding: No habitat for salmon exists on the site. No species of local importance or their habitat is disturbed by the proposed development. d. Any crossing over of a wetland or stream shall be designed to minimize critical area and critical area b uffer coverage and critical area and critical area buffer disturbance, for example by use of bridge, boring, or open cut and perpendicular crossings, and shall be the minimum width necessary to accommodate the intended function or objective; provided, that the Director may require that the facility be designed to accommodate additional facilities where the likelihood of additional facilities exists, and one consolidated corridor would result in fewer impacts to the critical area or critical area buffer than multiple intrusions into the critical area or critical area buffer Finding: No wetlands or streams exists on the site. e. All work shall be consistent with applicable City of Bellevue codes and standards; Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 18 of 40 Finding: All work will be consistent with Belle vue codes and standards. f. The facility or system shall not have a significant adverse impact on overall aquatic area flow peaks, duration or volume or flood storage capacity, or hydroperiod; Finding: There are no aquatic features on the subject site or in immediate vicinity therefore no aquatic flow peaks or impacts to flood storage capacity or hydroperiods is expected as a result of the project. g. Associated parking and other support functions, including, for example, mechanical equipment and maintenance sheds, must be located outside critical area or critical area buffer except where no feasible alternative exists; and Finding:

17 The location of the right - of - way is
The location of the right - of - way is within steep slope critical areas and buffers and there is no alternative to relocate imp rovements related to roads or utilities. No other mechanical equipment or maintenance sheds are proposed. h. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or restored pursuant to a mitigation and restoration plan meeting the requirements of LUC 20.2 5 H.210. Finding: All areas of buffer and critical areas impacted for the road construction will be mitigated as part of the overall project mitigation plan. The temporary impacts to the steep slope from utility installation will be restored. Ensure mitigation planting is based on the total amount of critical areas and buffer being modified . See conditions of approval in Section X of this report . iii. Consistency with 20.25H.205 Reasonable Use Exception – Performanc e Standards. Development on lots 1 - 8 is only possible through a reasonable use exception as more than 90 percent of each lot is constrained by steep slope critical area or buffer. Through the reasonable use exception, lots 1 - 8 are granted 3,000 square fee t to locate all improvements and disturbance on each lot. Projects under reasonable use must comply with the following performance standards in LUC 20.25H.205 . a. The structure shall be located on the site in order to minimize the impact on the critical are a or critical area buffer, including modifying the non - critical area setbacks to the maximum extent allowed under LUC 20.25H.040; Finding: The proposed structures are located as close to the public right - of - way as possible which influences the degree to which a variance for a front setback is needed . The request for additional height above the maximum height allowed is Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 19 of 40 also intended to reduce impact to the slopes. The lots are 4,000 square feet in area and up to 3,000 square feet can be distu rbed under reasonable use provisions . However, t he largest disturbance proposed is only 1,708 square feet which minimizes the impact as much as possible while constructing a home in character with other structures in the vici

18 nity . b. Ground floor access poin
nity . b. Ground floor access points on port ions of the structure adjacent to undisturbed critical area or critical area buffer shall be limited to the minimum necessary to comply with the requirements of the International Building Code and International Fire Code, as adopted and amended by the City of Bellevue; Finding: Per the submitted plans, a ll access points are limited and contained in the proposed disturbed area to allow access around the structures . All undisturbed area will be placed into a NGPA easement with fencing and signage. c. Associa ted development, including access driveways and utility infrastructure shall be located outside of the critical area or critical area buffer to the maximum extent technically feasible; Finding: Based on the lot locations there is no possibility to locate driveways and utility infrastructure outside of the critical areas and buffers. The driveways have been consolidated within the developed footprint as much as possible by cantilevere ing houses over the driveway. d. Areas of disturbance for associated deve lopment, including access and utility infrastructure shall be consolidated to the maximum extent technically feasible; Finding: The area of proposed disturbance ha s been consolidated to the maximum extent possible with all improvements located at the top of the slope adjacent to the public street. e. All areas of temporary disturbance associated with utility installation, construction staging and other development shall be determined by the Director and delineated in the field prior to construction and temp orary disturbance shall be restored pursuant to a restoration plan meeting the requirements of LUC 20.25H.210; Finding: Temporary disturbance area will be contained within the construction fencing placed prior to construction. All temporary disturbance is required to be restored and as found on the planting plans as file document 1 . See conditions of approval in Section X of this report. f. Areas of permanent disturbance shall be mitigated to the maximum extent Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 20 of 40 feasible on - site pursuant to a mitigation pl an meeting the requirements of LUC 20.25H.210; and

19 Finding: Planting is proposed on all
Finding: Planting is proposed on all remaining area outside of improved areas across the project site. See file document 1 for planting plan. See conditions of approval in Section X of this report. g. F encing, signage and/or additional buffer plantings should be incorporated into the site development in order to prevent long - term disturbance within the critical area or critical area buffer. Finding: The remaining lot area outside of the approved distur bed area is to be placed into an Native Growth Protection Areas Easement. The boundary of the NGPA will be fenced and have signage. See conditions of approval in Section X of this report. iv. Consistency with LUC 20.25H.125 Performance standards – Landslide hazards and steep slopes. In addition to generally applicable performance standards set forth in LUC 20.25H.055 and LUC 20.25H.205 , construction of public roads and houses on lots 1 - 8 are within a landslide hazard or steep slope critical area or the criti cal area buffers of such hazards and shall incorporate the following additional performance standards in design of the development, as applicable. The requirement for long - term slope stability shall exclude designs that require regular and periodic mainten ance to maintain their level of function. a. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; Finding: The geotech engineer found that the “proposed buildings will be const ructed to fit the topography” of the site (Geotech Report, pg. 10). The roadway will be supported by walls that will maintain existing topography adjacent to the right - of - way. b. Structures and improvements shall be located to preserve the most critical por tion of the site and its natural landforms and vegetation; Finding: The proposed houses on lots 1 - 8 are located as close to the front property line as possible through the associated variance application. All recreational space is consolidated within the footprint of the house or attached deck that projects ove r the steep slope below. The road improvement is contained with in the existing right - of - way and construction of the roads limits

20 alteration of exi s ting topography an
alteration of exi s ting topography and removal of vegetation as much as possible. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 21 of 40 c. The proposed development shall not result i n greater risk or a need for increased buffers on neighboring properties; Finding: The geotechnical engineer found that increased buffers on neighboring properties are not warranted because of the proposed roads and house construction as “global stabili ty of the steep slopes does not decrease following development (pg. 10).” d. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes where graded slopes would result in increased disturb ance as compared to use of retaining wall; Finding: The geotechnical engineer reviewed the proposed retaining walls and found no issues with their incorporation into the development plans. The walls adjacent to the street allow for the topography and v egetation above the road to be maintained. e. Development shall be designed to minimize impervious surfaces within the critical area and critical area buffer; Finding: Proposed impervious surfaces and most all the development is located within the slope buffer and not the steep slope critical area. Impervious surfaces have been reduced to the minimum necessary through the reduced setback . Driveways are approximately 100 square feet in area and e ach house utilizes green roofs to capture stormwater and fi lter it into stormwater vaults. The drainage from the vaults is discharged downslope of the project site to avoid draining onto the steep slopes on lots 1 - 8. f. Where change in grade outside the building footprint is necessary, the site retention system sh ould be stepped and regrading should be designed to minimize topographic modification. On slopes in excess of 40 percent, grading for yard area may be disallowed where inconsistent with this criteria; Finding: The proposed houses on lots 1 - 8 are built o n native soils and do not change the topography. The foundation walls of the houses are used as retention walls and there are no yards proposed g. Building foundation walls shall be utilized as retaining walls rather than

21 rockeries or retaining structures b ui
rockeries or retaining structures b uilt separately and away from the building wherever feasible. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation; Finding: The foundation walls are proposed to be used as reta ining walls. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 22 of 40 h. On slopes in excess of 40 percent, use of pole - type construction which conforms to the existing topography is required where feasible. If pole - type construction is not technically feasible, the structure must be tiered to conform to the exist ing topography and to minimize topographic modification; Finding: Houses on lots 1 - 8 are built over steep slope critical areas with a footprint at the top of the slope. The remainder of the house and deck is cantilevered over the slope with some suppor t provided by poles embedded in the slope. The existing topography is maintained beneath the house and deck which maintains solar access and allows the area to be planted. i. On slopes in excess of 40 percent, piled deck support structures are required wher e technically feasible for parking or garages over fill - based construction types; and Finding: Not applicable. j. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or restored pursuant to a mitigation and res toration plan meeting the requirements of LUC 20.25H.210. Finding: A mitigation plan has been provided which restores temporary disturbance and mitigates for proposed buffer reductions. The mitigation plan is file document 1 of this report. The submit ted mitigation plan proposes to improve vegetation across 40,000 square feet of the project site. Maintenance and monitoring will occur for a 5 - year period per the schedule and goals stated in the plan. Mitigation planting installation and maintenance an d monitoring will be guaranteed by an installation surety which will be released after plant installation and a maintenance surety will be held for a 5 - year period. See conditions of approval in Section X of this report. 5. Conformance with Critical Areas R equirements for Critical Areas Report Uses Per LUC 20.25H.230, the crit

22 ical areas report must demonstrate that
ical areas report must demonstrate that the proposal with the requested modifications leads to equivalent or better protection of critical area functions and values than would result fr om the application of the standard requirements. Where the proposal involves restoration of degraded conditions in exchange for a reduction in regulated critical area buffer on a site, the critical areas report must demonstrate a net increase in certain cr itical area functions. Improvements proposed through a critical areas report include reduction of a 50 - foot top - of - slope buffer for construction of houses on lots 13 - 16 and construction of a private drainage line across the steep slope critical area locat ed below the houses on lots 1 - 8 . Single family development and private utility improvements are not allowed uses addressed under LUC 20.25H.055 and are only allowed through the critical areas report Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 23 of 40 process. Generally, a critical areas report can be used where a project site has demonstrated degraded critical areas and buffers and the critical area and buffers can be improved as a result of the project. The submitted critical areas report and habitat analysis shows t he following code requiremen ts are app licable to the single - family development and private utility infrastructure proposed. i. Consistency with LUC 20.25H.140 Critical areas report – Additional provisions for landslide hazards and steep slopes. In addition to the general requirements of LUC 20.2 5H.230, the following areas shall be addressed in a critical area report for geologically hazardous areas: a. Site and Construction Plans. The report shall include a copy of the site plans for the proposal and a topographic survey; b. Assessment of Geological Characteristics. The report shall include an assessment of the geologic characteristics of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regard ing landslides, erosion, and prior grading. Soils analysis shall be accomplished in accordance with accepted classification systems in use in the region; c. Analysis of Proposal. The report shall contain a hazards an

23 alysis including a detailed description
alysis including a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property, and affected adjacent properties; and d. Minimum Critical Area Buffer and Building Setback. The report shall make a recommendation for a minimum geologic hazard critical area buffer, if any, and minimum building setback, if any, from any geologic hazard based upon the geotechnical analysis. Finding: Refer to the submitted project plans and survey and geotechnical report for informa tion that addresses the above report requirements. The geotech nical engineer reviewed the site for soils and geology, slope stability, landslide hazards, geological hazards, seismic and earthquake issues, and provided recommendations for construction techn iques and erosion prevention and control. The geotech nical engineer states that there “should be no adverse effects to existing hazards on the subject or adjacent properties” and that it is “critical” for the geotechnical engineer to observe all aspects of construction (Geotech Report, pg. 12). T he geotechnical engineer found that the setback proposed for all houses across the project site was sufficient due to the engineering methods proposed . See conditions of approval in section X in this report . ii. Con sistency with LUC 20.25H.145 Critical areas report – Approval of modification. Modifications to geologic hazard critical areas and critical area buffers shall only be approved if the Director de termines that the modification: Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 24 of 40 a. Will not increase the threat of the geological hazard to adjacent properties over conditions that would exist if the provisions of this part were not modified; b. Will not adversely impact other critical areas; c. Is designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than would exist if the provisions of this part were not modified; d. Is certified as safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington; e. The applicant provide s a geotechnical report prepared by a qual

24 ified professional demonstrating that m
ified professional demonstrating that modification of the critical area or critical area buffer will have no adverse impacts on stability of any adjacent slopes, and will not impact stability of any existing struct ures. Geotechnical reporting standards shall comply with requirements developed by the Director in City of Bellevue Submittal Requirements Sheet 25, Geotechnical Report and Stability Analysis Requirements, now or as hereafter amended; f. Any modification com plies with recommendations of the geotechnical support with respect to best management practices, construction techniques or other recommendations; and Finding: As found in the Geotechnical Report by Stantec revised January 23, 2018, the geotechnical en gineer finds that the construction will not increase the threat of geologic hazards on the property or adjacent properties or impact other critical areas. The geotechnical analysis also indicates that the factors of safety for the post - construction site w ill increase compared to the current conditions. (Geotech, pg. 13). All work on steep slopes should be conducted outside of the rainy season with full Temporary Erosion and Sediment Control Plans implemented that will be required as part of construction permitting. See conditions of approval in Section X of this report. The geotech nical engineer has found , that provided construction proceeds in accordance with their recomm endations , th e project poses minimal risk . The geotechnical recommendations are re quired to be incorporated into the house plans with the future building permit. As required in LUC 20.30P.170 , the applicant shall submit a hold harmless agreement in a form approved by the City Attorney which releases the City from liability for any dam age arising from the location of improvements within a critical area buffer. The hold harmless agreement is required to be recorded with King County prior to plat infrastructure permit issuance. See conditions of approval in Section X of this report . g. Th e proposed modification to the critical area or critical area buffer with any associated mitigation does not significantly impact habitat associated with species of local importance, or such habitat that could reasonably be expected to exist during the ant icipated lif

25 e of the development proposal if the ar
e of the development proposal if the area were regulated under this part. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 25 of 40 Finding: Habitat features were “relatively sparse” with “no priority snags” or “raptor or raptor nests” found on the site as described in page two of the critical area s report. The report also found n o species of local importance on the site. The project maintains large areas of vegetation adjacent to the park and will improve the vegetation quality and coverage across the property. T he proposal will not inhibit the opportunity for any species of local importa nce to occupy the critical area s and t he proposal will also place the site’s remaining significant vegetation into protected tracts which are restricted from future development and vegetation alteration. iii. Consist ency with LUC 20.25H.125 Performance standards – Landslide hazards and steep slopes. Reduction of the slope buffer on lots 13 - 16 shall incorporate the following additional performance standards in design of the development, as applicable. The requirement f or long - term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. a. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be ti ered where possible to conform to existing topography; Finding: The houses proposed on lots 13 - 16 are located outside of the steep slope critical areas and do not alter steep slopes. The construction of the drainage line down the steep slope will tempo rarily impact the slope but will not alter the natural contours. Any areas of temporary disturbance will be restored. b. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; Finding: The proposed houses as well as the overall project have been designed to avoid impacts to the steep slopes and vegetation as much as possible . The design is possible because of the requested variance to reduce the front setback and increase in building height. c. The proposed development shall not result in greater risk or a need for inc

26 reased buffers on neighboring properties
reased buffers on neighboring properties; Finding: As documented previously, the geotechnical engineer has found the project does not increase risk on the site or neighboring properties. d. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes where graded slopes would result in increased disturbance as compared to use of retaining wall; Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 26 of 40 F inding: The house foundations serve as retention. Retaining walls are also used to maintain existing topography. e. Development shall be designed to minimize impervious surfaces within the critical area and critical area buffer; Finding: The proposed ho uses all have green roofs which are designed to mimic natural drainage functions and reduce the effective impervious surface area. f. Where change in grade outside the building footprint is necessary, the site retention system should be stepped and regradi ng should be designed to minimize topographic modification. On slopes in excess of 40 percent, grading for yard area may be disallowed where inconsistent with this criteria; Finding: The houses on lots 13 - 16 avoid impacting or altering steep slopes and do not have recreational area outside of the house footprint . Recreational space is provided by the rooftop deck and no yard areas are proposed . g. Building foundation walls shall be utilized as retaining walls rather than rockeries or retaining structures built separately and away from the building wherever feasible. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation; Finding: The proposed house foundations are used for retenti on. h. On slopes in excess of 40 percent, use of pole - type construction which conforms to the existing topography is required where feasible. If pole - type construction is not technically feasible, the structure must be tiered to conform to the existing topo graphy and to minimize topographic modification; Finding: Not applicable as the houses for lots 13 - 16 are not proposed to be built over steep slopes. i. On slopes in excess of 40 percent, p

27 iled deck support structures are require
iled deck support structures are required where technically feasi ble for parking or garages over fill - based construction types; and Finding: No construction on lots 13 - 16 is proposed on slopes more than 40 percent. j. Areas of new permanent disturbance and all areas of temporary disturbance shall be mitigated and/or r estored pursuant to a mitigation and restoration plan meeting the requirements of LUC 20.25H.210. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 27 of 40 Finding: A mitigation plan has been provided which restores temporary disturbance and mitigates for proposed buffer reductions. The mitigation plan is fil e document 1 found in the project file . The submitted mitigation plan proposes to improve vegetation across 40,000 square feet of the project site. Maintenance and monitoring will occur for a 5 - year period per the schedule and goals stated in the plan. Mitigation planting installation and maintenance and monitoring will be guaranteed by an installation surety which will be released after plant installation and a maintenance surety will be held for a 5 - year period. See conditions of approval in Section X of this report. IV. PUBLIC NOTICE AND COMMENT Application Date: December 19, 2017 Notice of Application: January 25, 2018 and February 8, 2018 Minimum Comment Period: February 22, 2018 The project was publicly noticed in the City’s weekly permit bulleti n and the Seattle Times on March January 25, 2018 and re - noticed on February 8, 2018 . Comments were received from neighboring property owners and are found in the project file as file document 6 . The comments are summarized and organized by commenter bel ow. A. Comments from William and Elizabeth Baluch The comments provided concerned sidewalk access to 118 th St reet from SE 5 th St reet and a request that this project mitigate existing unsafe conditi ons and improve sidewalk access. Response: The City’s Pedes trian and Bike Plan anticipates improvements along SE 5 th St reet to improve the connection between the Wilburton Hill Community Park and the Eastside Rail Corridor (ERC) . However, this connection and improvement of pedestrian infrastructure will be comple ted e

28 ither as part of a public project or
ither as part of a public project or included as the frontage improvements required for future development of properties along SE 5 th St reet . Frontage improvements are required adjacent to a project site and each project improves the transportation i nfrastructure around their property. Certain projects like large commercial buildings that generate a lot of trips or new subdivisions can be required to mitigate traffic impacts not anticipated by the City’s planning efforts . However, frontage improveme nts are not typically required for single - family development. T he properties proposed for development already exist and have been accounted for in the City’s transportation planning . As a result, there is no requirement that this project provide off - site mitigation of road improvements in addition to the improvements alrea dy required on the project site for the houses to have access. The applicant is constructing a complete road and sidewalk to connect the current end of SE 5 th St reet to the public park. B. Comments from Don Marshall The comments and questions concerned site drainage provided and the potential for screening vegetation planted adjacent to a shared property line. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 28 of 40 Response: The site drainage has been designed to capture drainage in the new s ystem that will be constructed which includes catch basins in SE 5 th St reet extended onto the project site. There will be extensive retaining walls along the north property line and along SE 5 th St reet which will capture site drainage. Each house will al so have a green roof that will m imic natural drainage functions. All drainage collected will eventually drain into the storm vault provided on the project site. T he vault has two outfalls that carry drainage down the steep slope adjacent to Lake Hills Co nnector. The applicant has provided a hedge of mountain hemlock trees along the western property line of lot 1 to provide more screening in response to the comment received. However, there is no landscaping buffer or screening requirement in the Land U se Code for development of single - family residences. V. TECHNICAL REVIEW A. CLEARING & GRADI

29 NG The Clearing and Grading Division o
NG The Clearing and Grading Division of the Development Services Department has reviewed the proposed site development for compliance with Clearing and Grading codes an d standards. The Clearing and Grading staff has approved the application. See Conditions of Approval in Section X of this report. B. TRANSPORTATION REVIEW The Transportation Department reviewed the proposed variance and approved it without any conditions. R eview of the proposed right - of - way improvements and required dedication will be primarily conducted under the clearing and grading permit required. VI. STATE ENVIRONMENTAL POLICY ACT (SEPA) The environmental review indicates no probability of significant a dverse environmental impacts occurring as a result of the proposal. The Environmental Checklist submitted with the application adequately discloses expected environmental impacts associated with the project. The City codes and requirements, including the Clear and Grade Code, Utility Code, Land Use Code, Noise Ordinance, Building Code and other construction codes are expected to mitigate potential environmental impacts. Therefore, issuance of a n optional Determination of Non - Significance (DNS) is the appro priate threshold determination under the State Environmental Policy Act (SEPA) requirements with the incorporation by reference of the 2009 - 2020 Transportation Facilities Plan Final Environmental Impact Statement (TFP EIS), dated April 2009 (available in the Records Office at City Hall). This document analyzes the transportation and air quality impacts of the City’s Traffic Task Force recommendations to meet the Comprehensive Plan, Transportation Element, and Mobility Management goals. A. EARTH AND WATER Th e project proposes to construct 15 new single - family residences on lots that are currently undeveloped along with necessary public and private infrastructure. T he geotechnical and soils anal ysis and recommendations support the proposal and include recomme ndations to Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 29 of 40 protect slopes and prevent erosion. The City’s clearing and grading codes and standards will require erosion and sediment control plans and best management practices be implemented . B.

30 PLANTS AND ANIMALS Construction will
PLANTS AND ANIMALS Construction will require removal of ex isting trees and vegetation to allow for the proposed homes and private road . Thirty - Five percent of the total dia meter inches of trees on site are proposed to be retained and are mostly located where the steep slope critical areas are found . These areas will remain connected to the adjacent park and open space and allow for potential use as a habitat corridor. As mitigation for the impacts to critical areas described previously from the proposed development , mitigation and restoration planting is propo sed. Much of the site will be placed within a Native Growth Protection Area easement that will be fenced and signed demarking the boundary of the NGPA easement. Clearing limits and construction fencing will need to be verified by City inspection to ensur e tree preservation. See Conditions of Approval in Section X of this report. C. NOISE While construction noise and increased vehicle trips are expected during the construction period, the Bellevue Noise Control Ordinance, Bellevue City Code 9.18, regulates hours of construction - related noise emanating from the site. The Ordinance provides for an exemption from the noise restrictions for the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays which are not legal holidays. Therefo re, no specific measures to reduce noise during this period are proposed. See Conditions of Approval in Section X of this report. VII. CHANGES TO PROPOSAL D UE TO CITY REVIEW The applicant was encouraged to explore adding a reduction of the front setback to t heir variance to move the structures out of the slope and buffer to the maximum extent possible. The footprints of houses on lots 10 - 13 were requested to be reduced to be consistent with the proposed houses on the remainder of the lots. The size of decks external to the house was reduced and the rooftop made into a usable area for recreation in order to limit critical areas disturbance . VIII. DECISION CRITERIA A. 20.25H.255 .B CRITICAL AREAS REPO RT DECISION CRITERIA The Director may approve, or approve with mod ifications, the proposed modification to the, steep slope buffer, and steep slopes to construct the houses on lot

31 13 - 16 and private utility systems w
13 - 16 and private utility systems w here the applicant demonstrates: 1. The proposal includes plans for restoration of degraded critical area or critical area buffer functions which demonstrate a net gain in overall critical area or critical area buffer functions; Finding : The steep slope buffer in this location is generally comprised of a more sparsely for ested canopy with a shrub under story comprised of significant areas of Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 30 of 40 invasive species . It is proposed that mitigation be provided for all permanent disturbance and any areas of temporary impact restored across the project site. The mitigation plan is intended to be a habitat enhancement that results in a net gain of habitat function to the steep slopes across the project site and on lots 13 - 16 . 2. The proposal in cludes plans for restoration of degraded critical area or critical area buffer functions which demonstrate a net gain in the most important critical area or critical area buffer functions to the ecosystem in which they exist; Finding: The degraded areas on the site will be improved by removing invasive species and increasing plant species and structural diversity. The primary functions and values on the site are related to habitat and buffering the adjacent park and open space. The proposed replanting o f the site will improve the habitat function of the steep slope critical areas and site outside of the areas proposed for development . See Conditions of Approval in Section X of this report. 3. The proposal includes a net gain in stormwater quality functio n by the critical area buffer or by elements of the development proposal outside of the reduced regulated critical area buffer; Finding: In addition to the proposed mitigation planting, t he project utilizes green roofs to maintain stormwater quality and management on the site. The footprints of the homes and impervious surfaces are limited by consolidation of all improvements in the house footprint and reduction of setbacks that locate all development as close to the roads as possible. The green roofs are required to be maintained which is guaranteed by a recorded maintenance agreemen

32 t. The design of the green roofs is re
t. The design of the green roofs is required to be provided by a n engineer licensed in the State of Washington. See Conditions of Approval in Section X of this report. 4. Adequate resources to ensure completion of any required restoration, mitigation and monitoring efforts; Finding: Mitigation planting is required to be maintained and monitored for five years. Installation of mitigation planting will be required to occ ur as part of the plat infrastructure construction. Sureties will be required to ensure installation , maintenance , and monitoring which will be based on the cost estimate of plants and materials for the mitigation planting. The installation performance s urety will be released upon Land Use inspection which verifies plan t s were installed per plan. The maintenance surety will be released after five years assuming restoration has been successful per the submitted mainten ance and monitoring provisions. The installation and maintenance sureties for the mitigation planting are separate from the requirements of the perimeter landscaping. See Condi tions of Approval in Section X of this report. 5. The modifications and performance standards included in the proposa l are not detrimental to the functions and values of critical area and critical area buffers Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 31 of 40 off - site; and Finding: The modifications and performance measures in this proposal are not detrimental to the functions and values of the steep slopes on - site . T he geotechnical engineer has provided recommendations for construction a nd buffer reduction on the site and found that the proposal has a risk level at least similar or better than if the code required buffers were applied. The proposed green roofs in com bination with the proposed planting of the remaining undeveloped areas will maintain if not improve stormwater management on the property. 6. The resulting development is compatible with other uses and development in the same land use district. Finding: T he proposal to construct one single - family home per existing lot is compatible with the multi - family and single - family residential uses in this land use district. B. 20.30P.140 CRITI

33 CAL AREAS LAND USE PERMIT DECISION
CAL AREAS LAND USE PERMIT DECISION CRITERIA The Director may approve, or app rove with critical area and critical area buffer modifications an application for a Critical Areas Land Use Permit if: 1. The proposal obtains all other permits required by the Land Use Code; Finding: The applicant must obtain development permits to const ruct all of the proposed infrastructure and houses which include clearing and grading, utility, building, and other permits . Plans submitted for the development permits must reflect the plans reviewed under this approval. See Cond itions of Approval in Se ction X of this report. 2. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least impact on the critical area and critical area buffer; Finding: The proposal is cons istent with required performance standards for projects in steep slope critical areas. The development has been designed to avoid critical areas as much as possible given the small lot sizes and steep topography. 3. The proposal incorporates the performance standards of Part 20.25H to the maximum extent applicable, and ; Finding: As discussed in Section I II of this report, the applicable performance standards of LUC Section 20.25H are being met to the maximum extent applicable . 4. The proposal will be served by adequate public facilities including street, fire protection, and utilities; and; Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 32 of 40 Finding: The site will be adequately served by existing public facilities. 5. The proposal includes a mitigation or restoration plan consistent with the requirements of L UC Section 20.25H.210; and Finding: The submitted mitigation plan proposes to improve vegetation across 40,000 square feet of the project site. M aintenance and monitoring will occur for a 5 - year period per the schedule and goals stated in the plan . Mi tigation planting installation and m aintenance and monitoring will be guaranteed by a n installation surety which will be released after plant installation and a maintenance surety will be held for a 5 - year period . See conditions of a pproval i

34 n Section X o f this report. 6. Th
n Section X o f this report. 6. The proposal complies with other applicable requirements of this code. Finding: T he proposal complies with all other applicable code requirements as approved or conditioned. C. 20. 30G.140 VARIANCE DECISION CRITERIA The Director may approve or approve with modifications an application for a variance from the provisions of the Land Use Code if: 1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use distr ict of the subject property Finding: The variances requested do not constitute a grant of special privilege that is inconsistent with limits on other properties in the vicinity. The project site is surrounded by other existing development inclu ding single - family and multifamily development. There is also office development in vicinity on 118 th Avenue SE . T he City’s Comprehensive Plan designates that development on this street should be use d for height comparison. These adjacent developments e xhibit similar or greater lot coverage, height, and setbacks tha n the project proposes. Many structures along SE 5 th Street are within the unimproved right - of - way or at the front property line. Other properties have setbacks less than 20 feet. There are properties that are adjacent to the site that have lot coverage of 41 percent or greater. In vicinity of the site and along 118 th Avenue SE there are properties with structures that have three to four floors. These are all similar or greater deviations from the code requirements than the variances requested by this project and the adjacent lots do not have the critical area or lot size limitations found on this site. The proposal to reduce the front setback and increase the height of the structures is requested to avoid impacts to critical areas. The proposal to vary the height limit of LUC 20.20.070 is an option that would be considered for other sites, based on the avoidance of critical areas that can be gained by allowing a consolidated building Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 33 of 40 footprint. The proposed lot coverage is consistent with adjacent propertie

35 s as well as other situations where rea
s as well as other situations where reasonable use exceptions grant a defined development envelope that is larger than the lot coverage achieved by the lot. 2. The variance is neces sary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use distr ict of the s ubject property Finding: The subject lots are 4,000 square feet in area and there is steep topography across much of the site. All the lots are legal lots that allow development. Because of the small lot sizes and the extent of critical areas on the site resulting development would be out of character with properties in the vicinity and in the land use district of the subject property without the requested variances. Lots 1 - 8 are subject to reasonable use exceptions as they do not have sufficient buildabl e area outside of the steep slope critical area or critical area buffers . T he proposed variance to lot coverage is necessary to allow development of reasonable sized houses on the lots and maintain a consistent house design. This project is unique in tha t the lots were platted in the 1900s but were never built. Lots sizes such as these are typically only found as part of a Planned Uni t Development (PUD) , but no PUD was ever approved for this project site. The project is essentially the buildout of a pla t that was never constructed and is trying to fit these lots created over 100 years ago into today’s complex zoning and environmental regulations. The site has special circumstances and characteristics that make the variance necessary to enable the constr uction of houses that would otherwise be achievable on other lots without the same limiting factors. 3. The granting of the variance will not be materially detrimental to property or improvements in the immediate vicin ity of the subject property Finding: The project site is surrounded by public park to the east and public ly owned land to the south adjacent to Lake Hills Connector. The only development adjacent to the site is to the west and north which consists of similar development of townhomes , single - family homes , an

36 d larger multifamily structures . There
d larger multifamily structures . There is nothing detrimental to adjacent properties by allowing single - family homes to be built on the subject site. The proposed homes do not limit future development or use of adjacent property. The in creased height and reduced setback allow increased retention of significant vegetation which helps to screen and buffer the site from surrounding development and properties . The consolidated footprint that is facilitated by the variance allows houses comp arable to those found in the vicinity of the project. 4. The variance is not inconsistent with the Comprehensive Plan Finding: The site is in the Wilburton/NE 8 th St Subarea, and designated Multi - Family Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 34 of 40 Medium Density and Low Density (MF - M and MF - L ) per th e Comprehensive Plan. The overall density of the proposal complies with the site’s designation. The proposal is supported by the following goals and policies of the Comprehensive P lan. Subarea Goals and Policies POLICY S - WI - 11 . The Wilburton Addition a rea along both sides of S.E. 4th and 5th Streets and east of 118th Avenue S.E. is appropriate for Multifamily Medium - density uses in accordance with the Land Use Plan (Figure S - WI.1). Proposed development should be subject to design review to encourage pre servation of significant views from the adjacent park land and to encourage structures which are similar in design, height, and bulk to structures along the western portion of 118th Avenue S.E.. POLICY S - WI - 41 . Improve the appearance of public streets by completing the sidewalk system and adding pedestrian amenities such as benches, bus shelters, public art, and landscape barriers where appropriate. Environmental Policies POLICY EN - 30. Regulate land use and development to protect natural topographic, ge ologic, vegetational, and hydrological features POLICY EN - 3 1 . Protect geologically hazardous areas, especially forested steep slopes, recognizing that these areas provide multiple critical areas functions POLICY EN - 4 4 . Provide land use incentives to mini mize the amount of impervious surface area below that allowed through prescriptive standards, in new developm

37 ent, redevelopment, and existing develo
ent, redevelopment, and existing development citywide POLICY EN - 86 . Facilitate the transfer of development potential away from critical areas and the clustering of development on the least sensitive portion of a site. Urban Design Policies POLICY UD - 2 . Preserve and enhance trees as a component of the skyline to retain the image of a “City in a Park.” POLICY UD - 6 . Encourage the green and wooded ch aracter of existing neighborhoods. POLICY UD - 25 . Ensure that site and building design relates and connects from site to site POLICY UD - 31 . Utilize greenroofs and walls where they enhance the character of Bellevue as a “City in a Park” and soften the visu al impact of development Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 35 of 40 Land Use Policies : POLICY LU - 33 . Preserve open space and key natural features through a variety of techniques, such as sensitive site planning, conservation easements, transferring density, land use incentives and open space taxa tion. Single - family development in a transition overlay district does not require design review, but the proposed structures are similar in height to t he commercial structures along the western portion of 118 th Avenue SE. The project also provides a new road and sidewalk that connects SE 5 th to Wilburton Hill Community Park. The variance proposal allows a consolidated footprint that is located as far from the steep slope as possible on these small lots. The increased height allows for all uses and recre ational opportunities to be consolidated within the house footprint which avoids impacts to existing vegetation. The proposed variance is a unique technique that allows sensitive site planning and conservation of existing features. 5. Where the variance inv olves disturbance of a critical area or critical area buffer, the variance includes a mitigation plan meeting the req uirements of LUC 20.25H.210. Finding: The mitigation plan submitted under the critical areas permit provides mitigation for all proposed disturbance. The proposed variance aids in avoidance of critical areas and buffers. IX. CONCLUSION AND DECISION /RECOMMENDATION After conducting the various administrative reviews associate

38 d with this proposal, including Land Use
d with this proposal, including Land Use consistency, SEPA and City Code and Standard compliance reviews, the Director of the Development Services Department does hereby approve with conditions the Critical Areas Land Use Permit with SEPA and Variance from the Land Use Code . This approval modifies steep slopes and slope b uffers to construct homes on each lot, roads onto the site for access, and utilities and other improvements associated with the homes. Note - Expiration of Approval : In accordance with LUC 20.30P.150 a Critical Areas Land Use Permit automatically expires and is void if the applicant fails to file for a building permit or other necessary development permits within one year of the effective date of the approval. X. CONDITIONS OF APPROVAL Codes & Ordinances The applicant shall comply with all applicable Bel levue City Codes and ordinances including but not limited to: Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 36 of 40 Applicable Ordinances Contact Person Clearing and Grading Code - BCC 23.76 Savina Uzunow, 425 - 452 - 7860 Land Use Code - BCC Title 20 Reilly Pittman, 425 - 452 - 4350 Noise Control - BCC 9.18 Reilly Pittman, 425 - 452 - 4350 A. GENERAL CONDITIONS 1. Permit s Required Approval of this Critical Areas Land Use Permit does not constitute an approval of any construction permit. P ermit s must be approved before construction can begin. Plans submitted as part of an y permit application shall be consistent with the activity permitted under this approval. AUTHORITY: Land Use Code 20.30P , Land Use Code 20.30P.140 ; Clearing & Grading Code 23.76.035 REVIEWER : Reilly Pittman, Development Services Department Savina Uzu now, D evelopment Services Department 2. C onstruction Hours Noise related to construction is exempt from the provisions of BCC 9.18 between the hours of 7 am to 6 pm Monday through Friday and 9 am to 6 pm on Saturdays, except for Federal holidays and as furth er defined by the Bellevue City Code. Noise emanating from construction is prohibited on Sundays or legal holidays unless expanded hours of operation are specifically authorized in advance. Requests for construction hour extension must be done in

39 advance with submittal of a constructi
advance with submittal of a construction noise expanded exempt hours permit. AUTHORITY: Bellevue City Code 9.18.040 REVIEWER: Reilly Pittman, Development Services Department 3. Geotechnical Review The project geotechnical engineer must review the final construc tion plans, including all retaining walls and foundation designs. A letter from the geotechnical engineer stating that the plans conform to the recommendations in the geotechnical report and any addendums and supplements must be submitted to the clearing and grading section prior to issuance of the construction permit. AUTHORITY: Clearing & Grading Code 23.76.050 REVIEWER: Savina Uzunow, D evelopment Services Department 4. Geotechnical Recommendations The project shall be constructed per the recommendati ons of the geotechnical engineer as found in the submitted geotechnical report revised January 23, 2018 or as amended as needed in the future. Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 37 of 40 AUTHORITY: Land Use Code 20.30P.140 REVIEWER: Reilly Pittman, Development Services Department 5. Geotechnical Inspection The project geotechnical engineer must provide geotechnical inspection during project construction, including retaining walls, subgrades for foundations and footings, and any unusual seepage, slope, or subgrade conditions. AUTHORITY: Clearing & Grading Code 23.76.050 REVIEWER: Savina Uzunow, D evelopment Services Department 6. Rainy Season Restrictions Due to steep slopes on the site, no clearing and grading activity may occur during the rainy season, which is defined as October 1 through April 30 without written authorization of the Development Services Department. Should approval be granted for work during the rainy season, increased erosion and sedimentation measures, representing the best available technology must be implemented prior to beg inning or resuming site work AUTHORITY: Clearing & Grading Code 23.76.050 REVIEWER: Savina Uzunow, D evelopment Services Department 7. Use of City Property Prior to construction permit approval , the applicant shall obtain approvals, provide easements, or any other documentation as required by the Real Properties Division of Civic Se

40 rvices, the Transportation Department, P
rvices, the Transportation Department, Parks Department, or any other department impacted by the project. AUTHORITY: Land Use Code 20.30P.140 REVIEWER: Reilly Pittman, Deve lopment Services Department 8. Tree Protection Requirements To mitigate adverse impacts to non - disturbed areas and trees to be retained during construction , conformance with BMP T101 for tree protection is required which includes : • Clearing limits shall be established at the limit of non - disturbed areas and for retained trees within the developed portion of the site, outside of drip lines. Six - foot chain link fencing with driven posts, or an alternative approved by the Clear and Grade Inspector , shall be in stalled at the clearing limits prior to initiation of clearing and grading. • No excavation or clearing should be performed within drip lines of retained trees , except as specifically approved on plans. All such work shall be done by hand to Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 38 of 40 avoid damage t o roots and shall be done under the supervision of an arborist approved by the city. AUTHORITY: Land Use Code 20.20. 900 , Bellevue City Code 23.76.060 REVIEWER: Reilly Pittman, Development Services Department 9. Arborist Letter and Inspection T he project a rborist must provide a memo to update their report to confirm the tree retention proposed on the plans approved under this application are still viable based on chan ges to the project under the construction permits. T his letter is required prior to Clearing and Grading permit issuance . The arborist is required to inspect and provide direction for all work within the drip lines of retained trees as part of the construction of road, utility, and wall infrastructure. A letter from the a rborist prior to final inspection on permit 18 - 103389 - GE is required to document tree health following construction. Additional tree removal will require replacement trees. AUTHORITY: Land Use Code 20.20.900; Land Use Code 20.30P.140 REVIEWER: Reilly Pittman, Development Services Department 10. Use of Green Roofs All green r oofs shall be designed by a licensed engineer and demonstrated to mimic natural stormwater functio

41 ns to be excluded from the impervious
ns to be excluded from the impervious surface coverage calculation. A maintenance agreement that requires the green roofs to be maintained is required to be completed as part of each building permit for each house. AUTHORITY: Land Use Code 20.20. 460 REVIEWER: Reilly Pittman, Development Services Department 11. Mitigation and Restoration All mitigation and restoration depicted on the submitted planting plan as file document 2 is required to be installed prior to final clearing and grading permit inspection . Any temporary disturbance caused as part of construction is required to be restored. Minor c hanges to the planting species and location are allowed to ensur e plant density and species requirements are met. AUTHORITY: Land Use Code 20.30P .14 0 REVIEWER: Reilly Pittman, Development Services Department 12. Installation Performance Suret ies for Mitigation Planting An installation performance surety is required p rior to clearing and grading permit issuance. The amount of the surety is based on 150 percent of the installed cost of mitigation planting . The amount of the surety is determined by a cost estimate submitted as part of the clearing and grading permit fo r plat infrastructure. The installation surety will be released upon successful Land Use inspection of the planting . Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 39 of 40 AUTHORITY: Land Use Code 20.30P .160 REVIEWER: Reilly Pittman, Development Services Department 13. Maintenance Surety and 5 - Year Monitori ng A maintenance surety for the mitigation planting is required prior to release of the installation surety. The amount of the maintenance surety is 100 percent of the cost estimate d for all costs associated with maintenance and monitoring for 5 years for monitoring, maintenance activity, plant replacement, contingencies . The amount of the surety is determined by a cost estimate submitted as part of the clearing and grading permit for plat infrastructure. The maintenance surety will be released upon succ essful completion of the 5 - year ma intenance and monitoring period and inspection by Land Use. Annual monitoring reports with photos of the planting area are required to be submit

42 ted to document the plants are meeting
ted to document the plants are meeting approved performance standards. R eporting shall be submitted no later than the end of each growing season or by October 31 st and shall include a site plan and photos from photo points established at the time of La nd Use I nspection. Reports shall be submitted to Reilly Pittman or H eidi Be dwell by the above listed date and can be emailed to rpittman@bellevuewa.gov Environmental Planning Manager Development Services Department City of Bellevue PO Box 90012 Bellevue, WA 98009 - 9012 AUTHORITY: Land Use Code 20.30P .160, 20.25H.240 REVIEWER: Reilly Pittman, Development Services Department 14. Hold Harmless Agreement The applicant shall submit a hold harmless agreement in a form approved by the City Attorney which releases the City from liability for any damage arising from the location of improvements within a critical area buffer in accordance with LUC 20.30P.170. The hold harmless agreement is required to be recorded with King County prior infrastructure permit issuance. AUTHORITY: Land Use Code 20.30P.170 REVIEWER: Reilly Pittman, Development Services Department 15. Native Growth Protection Area Easement Dedication of an NGPA easement as part of the project site must be completed on a separate agreement approved by the City Attorney. The ea sement agreement will be completed as part of the clearing and grading permit required for the roadway Wilburton Park Residences 17 - 130887 - LO and 17 - 130888 - LS Page 40 of 40 infrastructure . AUTHORITY: Land Use Code 20.2 5H.030 REVIEWER: Reilly Pittman, Development Services Department 16. Native Growth Protection Area Easement Fencing and Signage The site plan submitted as part of the clearing and grading permit shall depict split rail or other fencing on the perimeter of all NGPA easements. One sign denoting the area is protected is required to be placed adjacent to every resi dential lot or spaced every 100 feet where fencing does not abut a residential lot. Signage and fencing will be verified during Land Use inspection of the landscaping and mitigation planting under the clearing and grading permit. AUTHORITY: Land Use Co de 20.25H.030 REVIEWER: Reilly Pittman, Development Se