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Unit Lot Subdivision - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Towns on 12th
Preliminary Plat, Site Plan Review, and
Street Modification Approval.
PR22-000160
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FINAL DECISION
SUMMARY
Ben Paulus of Blue Fern requests approval of applications for preliminary plat, site plan and street
modification approval for 90 townhomes to be located at located the south side of NE Sunset Blvd and
west of Union Ave NE. The applications are approved subject to conditions.
TESTIMONY
A computer-generated transcript has been prepared of the hearing to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A.
EXHIBITS
Exhibits 1-28 as presented in the staff prepared document entitled “Exhibits” during the March 21,
2023 hearing were admitted into the record.
FINDINGS OF FACT
Procedural:
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Unit Lot Subdivision - 2
1. Owner/Applicant. Ben Paulus, Blue Fern, 18300 Redmond Way #120, Redmond, WA 98052
2. Hearing. A hearing on the application was held on March 21, 2023 at 11:00 am on-line via the
Zoom meeting application, Meeting ID 946 7233 4580.
Substantive:
3. Project Description. Ben Paulus of Blue Fern requests approval of applications for
preliminary plat, site plan and street modification approval for 90 townhomes to be located at located
the south side of NE Sunset Blvd and west of Union Ave NE.
The subject property is 285,453 sq. ft. (6.55 acres) in size and contains two (2) single-family homes
with associated accessory structures. All lots would gain access via a new public residential access
street off of NE 12th St with internal public alleys extending off of the public road to provide
vehicular access to the majority of the units. Frontage improvements are proposed within the NE 12th
St and NE Sunset Blvd ROWs, as well as along both sides of the new residential access road
proposed. The proposal also includes five open space tracts, a storm drainage tract, and two critical
areas tracts. Critical areas mapped on the site include sensitive (25-40%) and protected (>40%)
slopes, a moderate landslide hazard and a Category III wetlands buffer.
The Applicant’s street modification request is a waiver of the street frontage requirements required
by RMC 4-6-060.F.2 for NE Sunset Blvd. The Applicant is proposing to retain existing curb-to-curb
improvements and construct a new 5-foot wide sidewalk, 5-foot planter strip with a potential
retaining wall with varying height along a the sidewalk (Exhibit 20). RMC 4-6-060.F.2 requires an
8-foot sidewalk and 8-foot planter strip.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer service are provided by the City of Renton.
B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire
Authority and police service by the Renton Police Department. Police and Fire Prevention
staff indicates that sufficient resources exist to furnish services to the proposed
development subject to the condition that the Applicant install required improvements and
fees. A Fire Impact Fee, currently assessed at $964.53 per dwelling unit, would be
applicable to the proposal. The fee in effect at the time of Building Permit issuance would
be assessed for this project. Credit will be granted for the removal of the existing homes.
C. Drainage. The proposal provides for adequate and appropriate stormwater drainage
facilities. The proposal is subject to the City of Renton Surface Water Design Manual
(“Manual”), which requires that the project not generate off-site stormwater flows that
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Unit Lot Subdivision - 3
exceed predevelopment, forested conditions. City staff have reviewed the Applicant’s
preliminary stormwater design and found it consistent with the requirements of the Design
Manual.
The Applicant submitted a Preliminary Technical Information Report, dated February 18,
2022; Exhibit 11. The report notes that due to the soils found on the site, infiltration via full
dispersion is not possible. As such, a vault flow control facility is proposed on the northern
portion of the site between future Road A and existing NE Sunset Blvd. The vault sizing
and design, enhanced water quality treatment, and on-site BMPs will be reviewed for
compliance with the Manual.
The Applicant will also be required to pay for its fair share of impacts to the City’s
stormwater collection system. The current surface water system development fee is
currently $0.92 per square foot of new impervious surface, but not less than $2,300.00.
Such fees are payable prior to issuance of the construction permit.
D. Parks/Open Space. The project provides for adequate parks and open space. RMC 4-2-
115E.2 and RMC requires open space for residential development of four or more dwelling
units in the R-10 zone to consist of at least 350 square feet of open space per dwelling unit.
This standard also applies to townhome unit-lot subdivisions in the RMF zone via RMC 4-
7-090F.5. Based on the proposal for 90 townhome units, a total of 31,500 square feet of
common open space would be required. The Applicant submitted an open space plan,
Exhibit 3, which includes 18,117 square feet within four (4) common open space tracts
(Tracts G, M, N, O) located along the public street frontages. Approximately 16,180 square
feet of additional open space is proposed within pedestrian easements located between units
10 through 37, units 46 through 59, and units 66 through 70. The proposed common open
green spaces of all four (4) tracts would comply with a required 30-foot of open space in
any direction, except for the areas with pedestrian easements where widths can be reduced
to twenty feet (20’). The open space plan will be subject to review and approval by the
Current Planning Project Manager.
The code requires that open space shall include picnic areas, space for recreational
activities, and other activities as appropriate. The project proposal includes a conceptual
plan showing some benches in the pedestrian access easements and a few in the open space
tracts, but does not include details of any other potential passive or active recreational
activities. Therefore, a condition of approval requires that the Applicant shall provide an
open space programming plan that includes specifications on proposed furniture,
recreational activities, and other activities as appropriate within the common open space for
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Unit Lot Subdivision - 4
review and approval by the Current Planning Project Manager at the time of civil
construction permit.
To mitigate added demand upon the City’s parks, a park impact fee will be required at
building permit issuance for the townhomes. The current fee is $2,222.84.
E. Pedestrian Circulation. The proposal provides for safe and efficient pedestrian circulation.
The townhome units would provide direct pedestrian connections from ROWs to each unit
and to common open spaces throughout the project site. The proposed concrete sidewalks
would provide a safe and efficient pedestrian circulation system. A combination of a shared
temporary access driveway and the public alley would provide vehicular access through the
project site. None of the townhomes would directly access off a public right-of-way,
thereby providing a safe and efficient pedestrian circulation pattern.
F. Transportation. The proposal is served by adequate and appropriate transportation
infrastructure.
Access to the site is proposed via a new 53-foot wide residential access road off of NE 12th
St (Road A). Secondary emergency access is provided via a 20-foot wide alley off of NE
12th St that loops northeast to connect with Road A.
Road A includes a cul-de-sac and hammerhead turn around to meet Renton Regional Fire
Authority access requirements. Residential Access roads shall have a minimum 53 -foot
right-of-way that includes a 26-foot paved road with, on either side, a 0.5-foot curb, an 8-
foot planting strip, a 5-foot sidewalk and street trees. Per RMC 4-6-060.H, dead-end streets
may only be used in limited applications if due to physical constraints making no future
connections to a larger street patterns possible. Due to the steep slopes along the north side
of the site on the border of the NE Sunset Blvd ROW, a connection between with NE 12 St
is not possible. Along the west side of the site, an established single-family neighborhood
with access via private roads create a large obstacle to a potential connection. Lastly, a
connection west of the project site is also constrained by steep topography, in addition to
the Commercial Arterial (CA) zoning which may create an incompatible connection.
Therefore, staff concurs with the justification for the dead-end.
As proposed, Road A would include an eight-foot (8’) planter strip and five-foot (5’)
sidewalk along the perimeter. Per RMC 4-6-060 cul-de-sacs shall have a minimum paved
and landscaped radius of forty-five feet (45') with a right-of-way radius of fifty five feet
(55') for the turnaround. A landscaped center island with a radius of twenty feet (20')
delineated by curbing shall be provided in the cul-de-sac in lieu of providing an eight-foot
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Unit Lot Subdivision - 5
planting strip around the perimeter. Therefore, a condition of approval requires that the
Applicant incorporate a landscape center island with a radius of twenty feet (20’) into the
cul-de-sac. A revised detailed preliminary plat plan and landscape plan showing the center
island is required to be submitted and approved prior to issuance of a civil construction
permit.
Increased traffic created by the development would be mitigated by payment of
transportation impact fees. According to the submitted TIA prepared by TENW and dated
February 23, 2022 (Exhibit 4), the project is anticipated to generate 500 net new average
weekday trips with 31 net new trips (8 in/23 out) occurring during the AM peak hour and
39 net new trips (25 in/14 out) occurring during the PM peak hour. The proposed project
passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D (Exhibit 15).The
current rate of transportation impact fee is assessed at $12,208.54 per dwelling. Payment of
the transportation impact fee is applicable on the construction of the development at the
time of building permit issuance. A credit would be given for any existing homes.
The proposal provides for linkages that create a continuous and interconnected network of
roads and pathways. As shown in Exhibit 2, all proposed units would front either NE 12th
St, twenty-foot (20’) wide pedestrian easements, or the sidewalks of future Road A. These
pathways in turn ultimately connect to the sidewalks of NE 12th, which as shown in Google
Maps extend to surrounding areas.
The proposal provides for a safe and efficient internal circulation system. The townhome
units would provide direct pedestrian connections from ROWs to each unit and to common
open spaces throughout the project site. The proposed concrete sidewalks would provide a
safe and efficient pedestrian circulation system. A combination of a shared temporary
access driveway and the public alley would provide vehicular access through the project
site. None of the townhomes would directly access off a public right -of-way, thereby
providing a safe and efficient vehicular circulation pattern.
A King County Metro bus stop is located directly in front of the project site on the north
side of NE 12th St. The bus stop serves both the 105 and 240 bus routes, both of which
serve the greater Renton Highlands Area.
One-half (0.5) bicycle parking space per one (1) dwelling unit is required for projects with
more than five (5) dwelling units. Based on the proposal for 90 townhome units, City
regulations require a total of 45 bicycle parking spaces. The Applicant has proposed storage
space within the garage space of each unit large enough to store a standard bicycle (Exhibit
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Unit Lot Subdivision - 6
6). Therefore, the proposed storage space within each garage would comply with the
minimum bicycle parking standard.
G. Schools. The proposal provides for adequate and appropriate schools and safe walking
conditions to and from school.
It is anticipated that the Renton School District can accommodate any additional students
generated by the proposal at the following schools: Honey Dew Elementary, Risdon Middle
School and Hazen High School.
Any new middle or high school students from the proposed development would be bussed
to their respective middle or high schools. All elementary school students are within
walking distance of the elementary school. The bus stop for high school and middle school
students is located at the corner of NE 12th St and Redmond Pl NE to the west of the
project site. Students would leave the development and utilize the new sidewalk the
Applicant would install on NE 12th St to walk west until reaching the adjacent property.
Once no longer in front of the site, the students would continue walking on the shoulder for
approximately 160 feet until reaching sidewalk again, which continues another 150 feet
until the bus stop at the intersection of NE 12th St and Redmond Pl NE.
Students attending Honey Dew Elementary School would walk to school, approximately
0.45 miles from the project site. Elementary school students cross NE 12th St in front of the
development and walk east on NE 12th St behind the existing curbing that creates a
separation between pedestrians and the traveler lanes until reaching the intersection of NE
12th St and Union Ave NE. Students would then turn right and walk along the sidewalk on
the west side of Union Ave NE until reaching the pedestrian signal crossing adjacent to
Honey Dew Elementary near the intersection of NE 8th St and Union Ave NE. Students
would then activate the signal and cross Union Ave NE to reach the school.
A potential conflict point for students walking to Honey Dew Elementary School is at the
location directly in front of the project site where students would cross NE 12th St to reach
the protected walking area on the south side of the road. Traffic does not stop on NE 12th
St. and no crossing infrastructure is currently place. To ensure a safe route to school for
students, a condition of approval requires that the Applicant submit a plan identifying a safe
walking route from the proposed subdivision to Honey Dew Elementary School. The
submitted plan, as well as any infrastructure proposed to support the safe route included in
the plan, shall be reviewed and approved by the Public Works plan reviewer prior to
issuance of the civil construction permit.
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A School Impact Fee, based on new multi family dwellings, will be required to mitigate the
proposal’s potential impacts to the Renton School District. The fee is calculated and
payable to the City as specified by the Renton Municipal Code at the time of building
permit issuance. Currently the fee is assessed at $3,697.00 per multi family dwelling unit.
H. Parking. Staff has determined that the proposal complies with applicable parking
regulations.
Parking regulations require that a minimum of two parking spaces be provided for each
Townhome, however, 1 per dwelling unit may be permitted for 1 bedroom or less dwelling
units. Tandem parking is allowed. For unit lot subdivisions, the number of parking spaces
required may be averaged and dispersed among unit lots or within the parent site; however,
at least one parking space shall be provided within each unit lot.
The Applicant submitted floor plans and a rendering for the proposed townhome units
(Exhibits 7 and 8). According to the submitted floor plans, each of the townhome units
would have between three (3) and four (4) bedrooms, which would require a minimum of
two (2) parking spaces per dwelling unit. The Applicant is proposing to provide all required
parking on each unit lot as opposed to averaging the spaces throughout the development.
Two (2) parking spaces would be provided within the designated double bay or tandem-
style garages for each unit. While the non-tandem style garages meet the minimum
dimensional requirements for parking stalls in private garages, one of the stalls in the
tandem-style garages proposed in some of the units do not appear to meet the dimensional
requirements. Therefore, a condition of approval requires that the proposed parking meet all
dimensional requirements as verified during building permit review.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
Pertinent impacts are addressed individually as follows:
A. Critical Areas. The proposal includes critical areas. The critical areas are composed of
geologically hazardous areas and Category III wetlands. Those critical areas have been
adequately protected pursuant to staff’s findings that the proposal conforms to the City’s
critical area standards as follows:
1. Geologically Hazardous Areas. According to City of Renton (COR) Maps,
portions of the property are located within a moderate landslide hazard area. Both
sensitive (15-40%) and protected (>40%) slopes are also mapped on the site. The
steepest slopes are primarily located on the north side of parcel #0423059063
where the site slopes downwards towards NE Sunset Blvd. Similarly, the moderate
landslide hazard is concentrated along the northern border of the site adjacent to
the NE Sunset Blvd ROW. As such, the Applicant submitted a Geotechnical
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Report prepared by Terra Associates (Exhibit 10). The site has a high point in the
middle with slopes ranging from 5 to 20% extending away for an overall average
relief of approximately 25 feet. Closer to the north properly line, the slope
transitions from moderate to steep and descends to NE Sunset Boulevard with an
overall vertical change of approximately 30 feet.
The report notes that although typically a 50-foot building setback would be
required for the subject slope due to the soil characteristics, a 15 -foot building
setback may be possible if additional geotechnical analysis is completed. Proposed
units 39, 40, 41, and 42 are located within the potential 50-foot slope setback and
therefore may not be able to be constructed depending on the results of the
additional geotechnical analysis. As such, the Environmental Review Committee
issued a Determination of Non-Significance- Mitigated that included a mitigation
measure requiring professional evaluation of the feasibility of locating structures
within the 50-foot setback area (Exhibit 24).
The Applicant has placed the steep slopes in the tract in two (2) critical areas
tracts, Tract K and G. A Native Growth Protection Easement is required to be
established over the tracts per RMC 4-3-050.G.3.
2. Wetlands. The Applicant has submitted a Critical Areas Study prepared by
Altmann Oliver Associates, LLC, dated February 21, 2022 (Exhibit 13). The
report identified the presence of a wetlands on the site directly adjacent the
western property line (parcel # 0423059046), identified in the report as Wetland A.
According to the consultant, Wetland A consists of an isolated Depressional
Hydrogeomorphic (HGM) class wetland located immediately off-site to the
southwest. The report determined that the wetland should be classified as a Class
III wetland. Per RMC 4-3050.G.2, non-low impact land development is required
to maintain a 75-foot buffer from the wetland. As part of the application, the
Applicant has requested a 25% buffer reduction as outlined in RMC 4-3-050I.3.a,
in conjunction with buffer enhancement. If approved, the proposed reduced buffer
would be approximately 56.25 feet in width. Wetland buffer enhancement
proposed includes the removal of invasive species and planting a variety of native
trees, shrubs, and groundcovers to increase the value of the buffer. The plantings
would provide wildlife habitat value while also providing a physical and visual
screen to the wetland from the proposed development. In addition, a split rail fence
with the required signage would be installed around the portion of the buffer on
the project site, protecting it from future impacts or disturbance. According to the
consultant, restoration of the reduced buffer would significantly increase the plant
species and structural diversity of the buffer, resulting in increases of the habitat
and protective functions of the buffer over current conditions.
A mitigation plan prepared by Altman Oliver Associates, LLC was submitted with
the application (Exhibit 13, p. 10) and includes a restoration proposal for the buffer
around Wetland A. Native plantings proposed for the buffer would include Vine
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maple, Douglas fir trees, in addition to a variety of native shrubs and grasses,
including but not limited to Snowberry, Red currant, Nootka rose, Swordfern, and
Oregon grape. A Native Growth Protection Easement is required to be established
around the entire buffer area per RMC 4-3-050.G.3. The Applicant will also be
required to install a standard split rail fence with wetlands signage along the
boundary of the Wetlands A buffer, whose location would be reviewed and
approved by the Currently Planning Project Manager prior to installation. After
completion of the mitigation plan, compliance with the requirements for long-term
(5 years) maintenance and monitoring of the mitigation area plantings would be
required per the process outlined in RMC 4-3-050.L.3. The report concludes that
after restoration and enhancement of the Wetland A buffer, there would be no net
loss of ecological function.
Staff concur that the proposed mitigation qualifies the wetland for the Applicant’s
requested buffer reduction. A Native Growth Protection Easement is required to
be established around the entire buffer and wetlands area per RMC 4-3-050.G.3.
Based on the submitted mitigation plan, the Applicant shall be required to
establish a Native Growth Protection Easement (NGPE) that encompasses the
entire Wetland A buffer as identified in the Wetlands Mitigation Plan (Exhibit 13).
The report also identified an off-site wetland labelled as Wetland C. The
Applicant will be required to install a standard split rail fence with wetlands
signage along boundary of the Wetlands C buffer, whose location would be
reviewed and approved by the Currently Planning Project Manager prior to
installation.
After completion of the mitigation plan for the wetlands of the site, compliance
with the requirements for long-term (5 years) maintenance and monitoring of the
mitigation area plantings would be required per the process outlined in RMC 4 -3-
050.L.3.
B. Tree Retention. The proposal provides for adequate preservation of trees because it is
consistent with the City’s tree retention standards.
The City’s tree retention standards (RMC 4-4-130) require the retention of 20 percent
(20%) of trees in a residential development. The Applicant submitted an Arborist Report
prepared by Greenforest Incorporated and dated January 28, 2022 with the application
(Exhibit 12). The report identified a total of 390 trees on the site including 53 landmark
trees, 337 significant trees, and 53 dangerous trees on the project site. The report
identified a total of 34 trees within proposed right-of-way, 37 tree within proposed tracts,
and 35 trees in critical areas on the site, leaving a total number of 231 viable trees
available for retention.
Based on a retention rate of 20%, the Applicant would be required to retain 46 trees (231
significant trees x 0.2 = 46 trees). Of the 231 significant trees in the developable area, the
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Applicant is proposing to retain 49 trees. Of the 49 trees proposed for retention, the
Applicant is proposing to retain two (2) landmark trees including 36-inch and 45-inch
caliper Western red cedars. The other trees proposed for retention include a mix of
Western red cedar, Maple, Douglas fir, and Madrona species. The majority of the trees
proposed for retention are located within two (2) open space tracts (Tracts M and G) on
the east and west sides of the site (Exhibit 3) and are designated as Priority One or Two
per the tree ordinance in effect at the time of application (Exhibit 25). A cluster of trees
near the wetlands buffer on the west side of the site are also proposed for retention. New
tree planting would occur as part of the proposal along the street frontages, within the
open spaces, and around the new buildings. All retained trees (i.e., protected trees) would
be required to be protected during construction pursuant to itemized standards set forth in
RMC 4-4-130H.9.
Based on a total lot size of 285,204 sq. ft., the Applicant is also required to provide a
minimum of 228 trees. According to the Applicants tree density calculation contained in
the landscape plan (Exhibit 3), the Applicant is providing 114 new 2”-caliper trees.
Combined with the 46 trees proposed for retention, the Applicant would have a total of
160 trees counted towards the tree density requirement, or 68 less than required.
Therefore, a condition of approval requires that the Applicant either retain additional trees
or plant new trees to meet the minimum tree density for the parent site. The retained or
new trees shall be shown on an updated Detailed Landscaping Plan submitted with the
civil construction permit application for review and approval by the Current Planning
Project Manager prior to civil construction permit issuance.
C. Compatibility/Aesthetic. The proposal is compatible in both use and aesthetics with
surrounding uses. If all conditions of approval related to landscaping, building design, and
access are met, the scale and intensity of the development is compatible with the existing
surrounding uses which are predominantly smaller single-family lots to the west and south,
with commercial uses to the east.
The proposal would not result in an overconcentration of development on a particular
portion of the project site. The proposed development would include the construction of 90
townhome units in 28 buildings on the project site. The proposed townhomes in the RMF-
zoned portion of the site, consisting of 24 buildings, would have three (3) stories and a
maximum wall plate height of 32 feet. The proposed townhomes in the R-10-zoned portion
of the site, consisting of four (4) buildings, would have two (2) stories and a maximum wall
plate height of 24 feet. The proposed two-story structures have been sited such that all four
(4) of the buildings would be oriented towards NE 12th St. The proposed structures along
NE 12th St are similar in scale to the single-family uses across the street. The other three-
story structures are concreted away from the existing public ROW and the various open
space and critical areas tracts help break up the concentration of structures in the
development. In addition, no structures proposed contain more than four units, which while
larger than a typical single-family home, is not grossly out of proportion with the other
development in the area.
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The proposal will not include roof mounted equipment and loading areas that are
incompatible with the residential character of the area. The proposed townhomes will not
include loading and storage areas. The Applicant did not provide sufficient details of roof
or surface mounted equipment and/or screening identified for such equipment with the land
use application. Therefore, a condition of approval requires that the Applicant shall submit
a separate detailed utility and landscape plan set identifying the location and screening
provided for all surface and roof top utility/mechanical equipment required for each
townhome. The surface mounted utility plan shall include cross-section details and
screening measures consistent with the overall design of the development with the civil
construction permit application. The Applicant shall work with franchise utilities to ensure,
as practical, utility boxes are located out of public ROW view, active common open spaces,
and they shall not displace required landscaping areas. The utility and landscape plan set
shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
As conditioned, the proposal will include landscaping designed to provide shade and
privacy where needed, to define and enhance open spaces, and generally to enhance the
appearance of the project. The Applicant submitted a Conceptual Landscape Plan (Exhibit
3) that shows that landscaping is primarily concentrated in the proposed pedestrian access
easements between buildings, along the perimeter of the site, in the various open space
tracts, and along the project’s existing (NE 12th St) and new (Road A) street frontages. A
variety of native trees, shrubs, and groundcover is proposed within the buffer around
Wetland A as part of the mitigation plan for the proposed 25% buffer reduction (see FOF
20: Critical Areas Analysis; Wetlands).
A planter strip along NE 12th St includes a total of 13 Flame amur maple street trees spaced
approximately 30 feet on center. Along the new internal road (Road A), the Applicant has
proposed the installation of Chanticleer callery pear street trees spaced approximately 30
feet on center. No street trees are shown along NE Sunset Blvd, but would be required to be
installed as part of the frontage improvements. In addition, the Flame amur maple and
Chanticleer callery pear trees shown in the ROWs are not approved species on the City’s
Approved Tree List and Spacing Guidelines document. Therefore, a condition of approval
requires that the Applicant utilize a tree species from the Approved Street Tree List and
Spacing Guidelines document for the NE 12th St, new future roadway on the site (identified
as Road A on site plan) and NE Sunset Blvd ROW street trees.
To preserve the privacy of the existing single-family uses to the west of the site, the
Applicant has proposed a row of Kwanzan Japanese flowering cherry trees adjacent to units
Japanese flowering cherry trees are also proposed within the common open space between
the units 77 to 90. In order to provide privacy and noise attenuation between the units on
east side of the site and the adjacent commercial uses, the Applicant has proposed the
installation of Incense cedar is proposed on the individual lots including on lots 1 , 10, and
37, as well in Tracts O, H, J, and K. Incense cedars, a non-native tree that does not tolerate
moist conditions, should be utilized sparingly on the site. In addition, Japanese flowering
cherry trees are not a native tree species. Per RMC 4-4-070G.6, vegetative preference
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within required screening areas includes native coniferous trees, followed by native
deciduous trees and then other native vegetation. Therefore to provide additional tree
diversity and increase the chances of survival, a condition of approval requires that the
Applicant shall substitute native large-stature native tree species such as Western red
cedars, Douglas fir, and Western hemlock or similar for at least half (21 total) of the
Incense cedar trees identified on the landscape plan and half of the flowering cherry trees
identified on the west site in the landscape buffer.
Ten feet (10') of on-site landscaping is required along all public street frontages, with the
exception of areas for required walkways and driveways and those zones with building
setbacks less than ten feet (10'). This requirement applies to lots and tracts alike and thus
the first 10 feet of the private open space and common open space/utility tracts, as
measured from the back of sidewalk, would be required to include a mix of trees, shrubs,
and ground cover to comply with landscape regulations. In addition, a partially o bscuring
landscape buffer ranging in width from twelve feet (12’) to fifteen foot (15’)-wide is shown
along the west perimeter of the site where the site abuts a less intensive residential use
(single-family residential). A four-foot wide concrete sidewalk is located in the buffer area,
which may allow for an adequate visual buffer if enough plants are installed. Neither the
on-site landscaping or site-obscuring buffer areas were shown in detail on the submitted
plans (Exhibit 3) and therefore compliance could not be confirmed. Therefore, a condition
of approval requires that the Applicant submit a final detailed landscape plan that identifies
compliance with the partial or fully-obscuring landscape buffer on the west side of the site.
As proposed, Tracts G, H, J, K, L, M, N, and O would be required to be maintained by the
subdivisions’ Homeowners Association. A condition of approval requires that the Applicant
create a Homeowners’ Association (“HOA”) that maintains all improvements and
landscaping in the common open space, critical areas, and storm drainage tracts and any
and all other common improvements.
D. Noise, Privacy, Light and Glare. The proposal will not create any significant noise, light or
glare impacts and is sufficiently designed to provide for privacy both off and on-site.
Lighting impacts will be sufficiently addressed through the City’s lighting standards and
associated conditions of approval. The Applicant did not submit an illumination plan and
as such, staff was unable to complete a lighting analysis. Residential streets shall have
minimum light levels of 0.8 foot-candle within the intersections and 0.3 foot-candle along
the sidewalks at a six to one (6:1) uniformity ratio per RMC 4-6-060.I.3. Final lighting
plans for the public streets including NE 12th St, NE Sunset Blvd, and future Road A,
would be reviewed at the time of construction utility permit.
A complete exterior architectural lighting plan for each dwelling unit was not provided with
the application. Therefore, a condition of approval requires that the Applicant submit an
architectural lighting plan at the time of building permit review. To ensure safety and avoid
excessive brightness, pedestrian scale lighting should be provided on the primary entries of
each unit, rear elevations facing the alley, along the interior pedestrian walkways as
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necessary to provide sufficient lighting for pedestrian safety while minimizing light spill
and glare onto adjoining properties. In addition, lighting plans were not provided for the
common areas such as the pedestrian easement areas or open tracts. Therefore a condition
of approval requires the Applicant to submit a site-wide lighting plan to be provided at the
time of civil construction permit review. To ensure safety and avoid excessive brightness,
pedestrian scale lighting should be provided in all common areas and along all common
pedestrian walkways, including the walkway down to NE Sunset Blvd.
Common open space areas have been sited throughout the development. In addition,
various critical areas tracts are located on the periphery of the site which provide privacy
and a natural buffer for some of the noise either entering or leaving the project site. A
condition of approval also requires landscaping trees to be planted in a manner that
enhances privacy and noise reduction and many of the trees already proposed by the
Applicant have been further designed to enhance privacy.
E. Views. According to uncontested findings of the staff report, it is not anticipated that the
proposed townhomes would impact any views of the surrounding properties or views to
shorelines or Mt. Rainier.
CONCLUSIONS OF LAW
Procedural:
1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits.
RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number
procedure”. Since all three permit applications are Type III or below, the Type III review process is
the “highest-number procedure” and therefore must be employed for all of the permit applications.
As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings and issue final
decisions on Type III applications subject to closed record appeal to the Renton City Council.
Substantive:
2. Zoning/Comprehensive Plan Designations. The subject site is comprised of seven (7) parcels
located on south side of NE Sunset Blvd and west of Union Ave NE (APNs 0423059063,
0423059067, 0423059099, 0423059140, 0423059101, 0423059247 and 0423059100). Four (4) of the
parcels have frontage along NE 12th St and are in the Residential - 10 (R-10) zone. The other three
(3) parcels are located to the north, one with frontage along NE Sunset Blvd, and are in the
Residential Multi-Family (RMF) zone.
3. Review Criteria/Approval of Street Modification. Chapter 4-7 RMC governs the criteria for
subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. Applicable standards
are quoted below in italics and applied through corresponding conclusions of law. All applicable
criterion quoted below are met for the reasons identified in the corresponding conclusions of law.
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Street modification standards are governed by RMC 4-9-250.D. The findings and conclusions of
Finding No. 22 of the staff report, as well as Finding No. 3 of this decision, are adopted to determine
that the proposal meets the criteria for street modification.
Subdivision
RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
2. Access: Establish access to a public road for each segregated parcel.
3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied
because of flood, inundation, or wetland conditions. Construction of protective improvements may
be required as a condition of approval, and such improvements shall be noted on the final plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
supplies and sanitary wastes.
4. The criterion is met. As to compliance with the Zoning Code (including design standards),
Findings 17 and 18 of the staff report are adopted by reference as if set forth in full. As shown in
Ex. 2, each proposed lot will access a public road via Road A and connecting public alleys. As
determined in Finding of Fact 5A, the environmentally sensitive areas of the project site, which are
limited to wetlands and geologically hazardous areas, are fully protected by conformance to the
City’s critical area regulations. No frequently flooded areas are mapped for the site. As
determined in Finding of Fact No. 4, the proposal provides for adequate public facilities.
RMC 4-7-080(I)(1): …The Hearing Examiner shall assure conformance with the general purposes
of the Comprehensive Plan and adopted standards…
5. The criterion is met. The proposed preliminary play is consistent with the Renton
Comprehensive Plan as outlined in Finding 16 of the staff report, which is incorporated by this
reference as if set forth in full.
RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road
or street (according to City specifications) to an existing street or highway.
6. The criterion is met. As previously noted, the proposed lots access a public road via Road A
and connecting public alleys.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
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7. The criterion is met. The proposal is not subject to any adopted street plan.
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail,
provisions shall be made for reservation of the right-of-way or for easements to the City for trail
purposes.
8. The criterion is met. The proposal does not touch upon any designated trail.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
land with features likely to be harmful to the safety and general health of the future residents (such
as lands adversely affected by flooding, steep slopes, or rock formations). Land which the
Department or the Hearing Examiner considers inappropriate for subdivision shall not be
subdivided unless adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider
such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a
lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-
050J1a, without adequate area at lesser slopes upon which development may occur, shall not be
approved.
…
3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
4. Streams:
a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water,
and wetland areas.
b. Method: If a stream passes through any of the subject property, a plan shall be presented which
indicates how the stream will be preserved. The methodologies used should include an overflow
area, and an attempt to minimize the disturbance of the natural channel and stream bed.
c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going
under streets.
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d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
9. The criterion is met. The land is suitable for a subdivision as the stormwater design assures
that it will not contribute to flooding and all affected critical areas, which includes steep slopes, are
fully protected under the City’s critical areas ordinance as determined in Finding of Fact No. 4C and
5A. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4 -4-
130 as determined in Finding of Fact No. 5B. No streams are located on the property.
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
family residential zones as defined in the Zoning Code shall be contingent upon the subdivider’s
dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the
adverse effects of development upon the existing park and recreation service levels. The
requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation
Resolution.
10. The criterion is met. City ordinances require the payment of park impact fees prior to
building permit issuance. As outlined in Finding of Fact No. 4D, the Applicant will also be
providing 34,297 square feet of open space, which exceeds the 31,500 square feet of common open
space required for the proposal. The Applicant will also be paying park impacts fees to mitigate
against added demand placed upon the City’s park system.
RMC 4-7-150(A): The proposed street system shall extend and create connections between existing
streets unless otherwise approved by the Public Works Department. Prior to approving a street
system that does not extend or connect, the Reviewing Official shall find that such exception shall
meet the requirements of subsection E3 of this Section. The roadway classifications shall be as
defined and designated by the Department.
11. The criterion is met. Road A does is a dead-end road and doesn’t make any potential
connections on the north, east or west sides. As identified in Finding of Fact No. 4F, the connections
are not feasible due to steep slopes and existing development such that the connections are not
required as authorized in RMC 4-7-150E3.
RMC 4-7-150(B): All proposed street names shall be approved by the City.
12. The criterion is met. The proposal is conditioned upon City approval of alley names, if any.
RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or
secondary arterials shall be held to a minimum.
13. The criterion is met. There is no street intersection with a public highway or major or
secondary arterial.
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RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works
Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street
alignment offsets of less than one hundred twenty-five feet (125') are not desirable, but may be
approved by the Department upon a showing of need but only after provision of all necessary safety
measures.
14. The criterion is met. The Public Works Department has reviewed the proposed street
configuration and staff has recommended approval as proposed.
RMC 4-7-150(E):
1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the
predominant street pattern in any subdivision permitted by this Section.
2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided
within and between neighborhoods when they can create a continuous and interconnected network
of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan
Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design
Element, Objective CD-M and Policies CD-50 and CD-60.
3. Exceptions:
a. The grid pattern may be adjusted to a “flexible grid” by reducing the number of linkages or the
alignment between roads, where the following factors are present on site:
i. Infeasible due to topographical/environmental constraints; and/or
ii. Substantial improvements are existing.
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link
existing portions of the grid system shall be made. At a minimum, stub streets shall be required
within subdivisions to allow future connectivity.
5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential
Low Density land use designation. The Residential Low Density land use designation includes the
RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall
evaluate an alley layout and determine that the use of alley(s) is not feasible…
6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due
to demonstrable physical constraints no future connection to a larger street pattern is physically
possible.
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15. The criterion is met. Additional road linkages are infeasible due to topographical and
physical constraints as identified in Finding of Fact No. 4F. As further identified in Finding of Fact
No. 4F, the pedestrian connections of the project site link the townhome units to the sidewalk system
of NE 12th and Road A is interconnected to the extent feasible to create a continuous and
interconnected network of roads and pathways with the surrounding area. As outlined in Finding of
Fact 4F the proposed cul-de-sac is permitted because topographical and existing developed
conditions do not make other connections reasonably physically possible. Alley access is proposed
for most if not all units.
RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat,
including streets, roads, and alleys, shall be graded to their full width and the pavement and
sidewalks shall be constructed as specified in the street standards or deferred by the
Planning/Building/Public Works Administrator or his/her designee.
16. The criterion is met. As proposed except for the street modification approved by this
decision.
RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be
required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot
shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be
required in certain instances to facilitate future development.
17. The criterion is met. No additional street extensions are proposed or feasible for the reasons
identified in Finding of Fact 4F.
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
to curved street lines.
18. The criterion is met. As depicted in Ex. 2, the side lines are in conformance with the
requirement quoted above.
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
access easement street per the requirements of the street standards.
19. The criterion is met. As previously determined, each lot has access to a public street.
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. Further subdivision of lots within a plat approved through the
provisions of this Chapter must be consistent with the then-current applicable maximum density
requirement as measured within the plat as a whole.
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20. The criterion is met. As previously determined, the proposed lots comply with the zoning
standards of the R-14 zone. As authorized by RMC 4-7-090E1, individual lots in plats that qualify as
unit lot subdivisions are not required to comply with the minimum lot size, width, and depth
requirements of the underlying zoning designation. All unit lot subdivision requirements are met for
the reasons identified in Finding No. 17 and 21 of the staff report.
RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the
side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of
the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of
twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which
shall be a minimum of thirty five feet (35').
21. The criterion is met. As identified in COL No. 20, lots in unit lot subdivisions are not subject
to any minimum width standards.
RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys,
shall have minimum radius of fifteen feet (15').
22. As conditioned.
RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
watercourses, and similar community assets. Such natural features should be preserved, thereby
adding attractiveness and value to the property.
23. The criterion is met. The natural features addressed by the criterion quoted above are
considered to be critical areas and trees protected by the City’s tree retention ordinance. These
features have been protected as required by City ordinances as outlined in Finding of Fact 5A and
5B.
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
24. The criterion is met as conditioned.
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
sufficient length to permit full-width roadway and required slopes. The drainage system shall be
designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
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detention capacity for future development of the lots. Water quality features shall also be designed to
provide capacity for the new street paving for the plat.
25. The criterion is met. The proposal provides for adequate drainage that is in conformance with
applicable City drainage standards as determined in Finding of Fact No. 4C. The City’s stormwater
standards, compliance of which is incorporated into the technical information report, Ex. 11, and will
be further implemented during civil plan review, ensure compliance with all of the standards in the
criterion quoted above.
RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with City standards as defined by the Department and Fire
Department requirements.
26. The criterion is met as proposed and as shall be regulated during civil plan review.
RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
utilities installed in the parking strip shall be placed in such a manner and depth to permit the
planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all
service connections, as approved by the Department. Such installation shall be completed and
approved prior to the application of any surface material. Easements may be required for the
maintenance and operation of utilities as specified by the Department.
27. The criterion is met as conditioned.
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or landowner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
final ground elevation and capped. The cable TV company shall provide maps and specifications to
the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
28. The criterion is met as conditioned.
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
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B. SURVEY:
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
29. The criterion is met. It will be enforced by staff during final plat review and sign installation
is required by a condition of approval.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
policies, especially those of the applicable land use designation; the Community Design
Element; and any applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
100.
30. The criterion is met. As discussed in Conclusions of Law Nos. 4 and 5, and as conditioned,
the proposal is consistent with the City’s development and design regulations. The proposal is
consistent with the Comprehensive Plan for the reasons stated in Finding 16 of the staff report. There
does not appear to be any planned action applicable to the project site. A portion of the project site is
subject to a Development Agreement (King County Recording #20031229000202) executed on
December 8th, 2003 (Exhibit 22). Parties of the agreement, which has a 20-year term, include four
(4) individual property owners and the City of Renton. The agreement was established to mitigate
impacts from a rezone (LUA02-139) and comprehensive plan land use map amendment (2003-M-12)
that involved the subject properties by setting forth specific development standards related to
screening, allowed uses, and vehicular access. Since establishment of the agreement, the subject
properties have been subsequently rezoned to zones not identified in the agreement. For this reason
the development agreement is no longer found to be applicable.
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RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a
particular portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
and adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
31. The criterion is met. The proposal is not overscale or include an overconcentration of
development for the reasons identified in Finding of Fact No. 5C. The circulation systems provides
for desirable transitions for the reasons identified in Finding of Fact No. 4F. No loading or storage
areas are proposed and other unsightly features will be screened as outlined in Finding of Fact 5C.
Views will not be adversely affected as determined in Finding of Fact No. 5E. Landscaping will be
used to provide transitions between development and surrounding properties to reduce noise and
glare, maintain privacy, and generally enhance the appearance of the project as determined in Finding
of Fact No. 5D. Lighting impacts will be adequately mitigated as determined in Finding of Fact No.
5D.
RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including:
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
spacing and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian
and vehicle needs;
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iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces; and
iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
shade and privacy where needed, to define and enhance open spaces, and generally to
enhance the appearance of the project. Landscaping also includes the design and protection
of planting areas so that they are less susceptible to damage from vehicles or pedestrian
movements.
32. The criterion is met. Open Space and landscaping has been sited throughout the development,
which would provide privacy and buffer some of the noise either entering or leaving the project site
as determined in Finding of Fact No. 5D. The scale of the project is appropriate for its location as for
the reasons identified in Finding of Fact No. 5C. The proposal will not impact any significant natural
features as identified in Finding of Fact No. 5A and the City’s clearing and grading regulations and
zoning standards adequately limit impervious surfaces and adequately regulate fills and cuts. The
proposed landscaping will provide shade and privacy where needed, define and enhance open spaces,
and generally to enhance the appearance of the project as outlined in Finding of Fact No. 5C.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets
rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
including the location, design and dimensions of vehicular and pedestrian access points,
drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings, public sidewalks and adjacent properties.
33. The criterion is met. The proposal provides for safe and efficient access and circulation as
required by the criterion above for the reasons identified in Finding of Fact No. 4E and 4F. No
loading or delivery spaces are proposed. The facility will be served by adequate transit and bicycle
facilities (most notably bicycle parking spaces) for the reasons identified in Finding of Fact No. 4F and
4H. Safe and attractive pedestrian connections are provided as outlined Finding of Fact No. 4E.
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RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
34. The criterion is met. As shown in Exhibit 2, the open space of the project area is located along
the periphery of the project, serving the dual role of providing focal points for many of the units while
also buffering the units from adjoining uses and vice-versa.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
35. The criterion is met. As determined in Finding of Fact No. 5E, there are no view corridors to
shorelines or Mt. Rainier affected by the proposal.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
36. The criterion is met for the reasons identified in Finding of Fact No. 5A.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
37. The criterion is met. The project is served by adequate services and facilities as determined in
Finding of Fact No. 4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
38. No further phasing is proposed.
DECISION
The proposed preliminary plat (including qualifying as a unit lot subdivision), hearing examiner site
plan and street modification comply with all applicable criteria for the reasons identified in the
conclusions of law of this decision and are all approved, subject to the following conditions:
1. The Applicant shall comply with the five (5) mitigation measures included as part of the
Determination of Non-Significance – Mitigated on February 6, 2023 by the Renton
Environmental Review Committee:
1) The Applicant shall adhere to the recommendations in the geotechnical report,
prepared by Terra Associates, Inc and dated August 5, 2021 and revised
February 15, 2022, or future addenda.
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2) The geotechnical engineer shall submit a sealed letter stating that he/she has
reviewed the construction and building permit plans and in their opinion the
plans and specifications meet the intent of the report(s).
3) The Applicant shall submit a revised geotechnical report prepared by a licensed
geotechnical engineers that analyzes the protected slope on the northern portion
of the site and makes a specific finding regarding the feasibility of locating
structures within the 50-foot setback identified in the original geotechnical
report. The updated report shall be submitted with the civil construction permit
plans to be reviewed and approved by the Current Planning Project Manager
prior to permit issuance.
4) The Applicant shall coordinate with King County Metro prior to submitting
construction permits to identify any needed accommodations for the abutting
transit stop on NE 12th St that need to occur during construction of the site.
Evidence of the coordination with King County Metro and the accommodation(s)
shall be shown on the civil construction permit plans to be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
5) The Applicant shall submit an archeological survey prepared by a qualified
professional prior to the start of any construction and provide notification of the
survey to Tribes’ cultural committee and the Washington State Department of
Archeology and Historic Preservation.
2. The Applicant shall utilize a tree species from the Approved Street Tree List and Spacing
Guidelines document for the NE 12th St, new future roadway on the site (identified as
Road A on site plan) and NE Sunset Blvd ROW street trees. The revised street trees shall
be shown on an updated Detailed Landscaping Plan submitted with the civil construction
permit application for review and approval by the Current Planning Project Manager
prior to civil construction permit issuance.
3. The Applicant shall submit a final detailed landscape plan that identifies compliance with
the partial or fully-obscuring landscape buffer on the west side of the site. Use of a partial
or fully-obscuring buffer shall be determined by the width of the buffer. The final
detailed landscape plan shall be reviewed and approved by the Current Planning Project
Manager prior to issuance of a civil construction permit.
4. The Applicant shall substitute native large-stature native tree species such as Western
red cedars, Douglas fir, and Western hemlock or similar for at least half (21 total) of the
Incense cedar trees identified on the landscape plan and half of the flowering cherry
trees identified on the west site in the landscape buffer. The trees shall planted in a
triangular pattern with understory shrubs and groundcover to provide better privacy and
noise attenuation. The trees and understory shall be shown on an updated Detailed
Landscaping Plan submitted with the civil construction permit application for review
and approval by the Current Planning Project Manager prior to civil construction permit
issuance.
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5. The Applicant shall create a Homeowners’ Association (“HOA”) that maintains all
improvements and landscaping in the common open space, critical areas, and storm
drainage tracts and any and all other common improvements. The HOA documents shall
be submitted to, and approved by, the Current Planning Project Manager prior to
recording of the Unit Lot Subdivision. Such documents shall be recorded concurrently
with the Unit Lot Subdivision.
6. The Applicant shall either retain additional trees or plant new trees to meet the minimum
tree density for the parent site. In addition, the Applicant shall substitute native large-
stature native tree species such as Western red cedars, Douglas fir, and Western hemlock
or similar for at least half of replacement trees identified on the landscape plan. The
Applicant shall demonstrate compliance by submitting an updated tree density
calculation. The retained or new trees shall be shown on an updated Detailed
Landscaping Plan submitted with the civil construction permit application for review and
approval by the Current Planning Project Manager prior to civil construction permit
issuance.
7. The Applicant shall submit a revised landscape plan that demonstrates compliance with
the fence and retaining wall regulations for review and approval by the Current Planning
Project Manager at the time of civil construction permit application.
8. The Applicant shall submit an architectural lighting plan at the time of building permit
review for review and approval by the Current Planning Project Manager. To ensure
safety and avoid excessive brightness, pedestrian scale lighting should be provided on the
primary entries of each unit, rear elevations facing the alley, along the interior pedestrian
walkways as necessary to provide sufficient lighting for pedestrian safety while
minimizing light spill and glare onto adjoining properties.
9. The Applicant shall submit a site-wide lighting plan be provided at the time of civil
construction permit review for review and approval by the Current Planning Project
Manager prior to Civil Construction Permit issuance. To ensure safety and avoid
excessive brightness, pedestrian scale lighting should be provided in all common areas
and along all common pedestrian walkways, including the walkway down to NE Sunset
Blvd.
10. The Applicant shall submit revised floor plans for the townhomes that identify adequate
storage area in the attached garages of the townhome units for both a bicycle and the
individual trash and recycling containers. The revised floor plans shall be reviewed and
approved by the Current Planning Project Manager prior to issuance of a building permit.
11. The Applicant shall provide more variation in corner and interior individual unit lot
setbacks across the unit lot subdivision to create a greater variety of home sizes and
vertical modulation. A revised preliminary plat plan shall be provided at the time of
building permit review for review and approval by the Current Planning Project Manager.
12. The Applicant shall submit additional information with the civil construction permit
application demonstrating the project’s the Applicant submit additional information with
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the civil construction permit application demonstrating the project’s compliance with the
common open space requirements including but not limited to, maximum slope,
contiguousness to the majority of the dwellings, location in a highly visible area, and lack
of obstructions such as retaining walls or fences. The common open space plan would be
subject to review and approval by the Current Planning Project Manager.
13. The Applicant shall provide an open space programming plan that includes specifications
on proposed furniture, recreational activities, and other activities as appropriate within
the common open space for review and approval by the Current Planning Project
Manager at the time of civil construction permit.
14. The Applicant shall demonstrate compliance with the standards for private yards and
open space guidelines by incorporating a combination of ground amenities, porches, or
decks. The proposed private open space shall be reviewed and approved by the Current
Planning Project Manager at the time of building permit application review.
15. The Applicant shall incorporate addition concrete pathways with a minimum width of
four-feet (4’) at the following locations: North/south connections between units 62 and
63, 57 and 56, 48 and 49, 28 and 27, 19 and 20, 7 and 8, 2 and 3, 12 and 13, and 34 and
35; connection between Tract L and the NE 12th St ROW along the west side of ROW 4;
connection between Tract G and the new sidewalk in future Road A. The location of the
pathways shall be reviewed and approved by the Current Planning Project Manager prior
to issuance of the civil construction permit.
16. The Applicant shall record a public access easement over the all pathway connections on
the site, except for those not located in a common open space area or tract.
17. The Applicant shall submit a revised preliminary plat plan and landscape plan that
identifies pedestrian connections for all unit lots. Public sidewalks shall be 5 feet or o 8
feet wide, depending on the street section. Common open space pathways shall be a
minimum width of 3 feet and front yard entry walks on private property (i.e. the
individual lots) shall be a minimum width of 3 feet with a maximum of 4 feet. The
revised plans shall be reviewed and approved by the Current Planning Project Manager
prior to construction permit issuance.
18. The Applicant shall submit revised elevations providing the required three and one-half
inches (3 1/2") minimum trim surrounding all windows and doors and one of the
following architectural details: shutters, knee braces, flower boxes, or columns.
Alternatively, the Applicant may submit a modification request to vary from any of these
standards. The revised elevations or modification request shall be submitted to the
Current Planning Project Manager for review and approval at the time of building permit
review.
19. The Applicant shall submit a materials board and color palette coded to each building
elevation, be provided to the Current Planning Project Manager for review and approval
at the time of building permit review. The color palette provided shall utilize a minimum
of four (4) hues and may not exclusively utilize shades of blue, grey, or similar neutral
colors.
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20. The Applicant shall submit a detailed landscape plan with utility box locations and any
utility boxes that are visible to the public shall be screened with berms and/or
landscaping. The final detailed landscape plan shall be reviewed and approved by the
Current Planning Project Manager prior to civil construction permit approval.
21. The Applicant shall submit the draft Native Growth Protection area easement documents
at the time of construction permit application submittal for review and approval by the
Current Planning Project Manager. The Applicant shall be required to record the
easement and related documents at the time of final plat recording.
22. The Applicant shall place all common open space, including the pedestrian easements
fronting proposed units, into separate tracts. A revised detailed preliminary plat plan and
open space plan identifying the tracts shall be submitted to and approved by the Current
Planning Project Manager prior to issuance of a civil construction permit.
23. The Applicant shall reduce the paved width of all the alleys, except ROW 4, to twelve
(12’) with two feet (2’) of clear space on each side, unless otherwise approved by the
Current Planning Project Manager or as required by Renton Regional Fire Authority. A
revised detailed preliminary plat plan showing the new alley widths is required to be
submitted and approved prior to issuance of a civil construction permit.
24. The Applicant shall incorporate a landscape center island with a radius of twenty feet
(20’) into the cul-de-sac. A revised detailed preliminary plat plan and landscape plan
showing the center island is required to be submitted and approved prior to issuance of a
civil construction permit.
25. The Applicant shall install Maxiforce collapsible bollards (Item #MCSW-SS3-EZ) within
ROW 4 adjacent to the NE 12th St sidewalk. The location of the bollards shall be
reviewed and approved by the Current Planning Project Manager Prior to issuance of a
civil construction permit.
26. The Applicant shall submit a separate detailed utility and landscape plan set identifying
the location and screening provided for all surface and roof top utility/mechanical
equipment required for each townhome. The surface mounted utility plan shall include
cross-section details and screening measures consistent with the overall design of the
development with the civil construction permit application. The Applicant shall work
with franchise utilities to ensure, as practical, utility boxes are located out of public ROW
view, active common open spaces, and they shall not displace required landscaping areas.
The utility and landscape plan set shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
27. The Applicant shall submit a plan identifying a safe walking route from the proposed
subdivision to Honey Dew Elementary School. The submitted plan, as well as any
infrastructure proposed to support the safe route included in the plan, shall be reviewed
and approved by the Public Works plan reviewer prior to issuance of the civil
construction permit.
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28. As identified in Finding of Fact No. 5H, the Applicant’s floor plans shall be revised for
building permit review to conform to applicable parking dimension standards.
29. Street names shall be approved by the City and street signs shall be installed if required
by City staff.
30. Sanitary sewers shall be provided by the developer at no cost to the City and designed in
accordance with City standards. Side sewer lines shall be installed eight feet (8') into each
lot if sanitary sewer mains are available.
31. All utilities designed to serve the subdivision shall be placed underground. Any utilities
installed in the parking strip shall be placed in such a manner and depth to permit the
planting of trees. Those utilities to be located beneath paved surfaces shall be installed,
including all service connections, as approved by the Department. Such installation shall
be completed and approved prior to the application of any surface material. Easements
may be required for the maintenance and operation of utilities as specified by the
Department.
32. Any cable TV conduits shall be undergrounded at the same time as other basic utilities
are installed to serve each lot. Conduit for service connections shall be laid to each lot
line by subdivider as to obviate the necessity for disturbing the street area, including
sidewalks, or alley improvements when such service connections are extended to serve
any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well
as easements therefore required to bring service to the development shall be borne by the
developer and/or landowner. The subdivider shall be responsible only for conduit to serve
his development. Conduit ends shall be elbowed to final ground elevation and capped.
The cable TV company shall provide maps and specifications to the subdivider and shall
inspect the conduit and certify to the City that it is properly installed.
33. Lot corners shall be marked as required by RMC 4-7-210.
34. As required by RMC 4-7-090F8a, the title of the final plat shall include the term “unit lot
subdivision.”
DATED this 6th day of April, 2023.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
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RMC 4-8-080(G) classifies the consolidated application(s) subject to this decision as Type III
applications subject to closed record appeal to the City of Renton City Council. Appeals of the
hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the
decision. A request for reconsideration to the hearing examiner may also be filed within this 14-
day appeal period.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.