HomeMy WebLinkAboutD_Wang Short Plat_Street Modification_20260525A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision:
APPROVED
APPROVED SUBJECT TO CONDITIONS
DENIED
Report Date:
March 31, 2021
Project File Number:
PR19-000461
Project Name:
7th Street Short Plat
Land Use File Number:
LUA21-000090, MOD
Project Manager:
Nathan Janders, Civil Engineer II
Owner:
Jagadeshwar Gattu, 14716 NE 76th Street, Redmond, WA 98052
Applicant:
Same as Owner
Contact:
Eric Oehler, CES NW, INC., 429 29th Street NE, suite D, Puyallup, WA 98372
Project Location:
3605 NE 7th Street, Renton, WA 98056
Project Summary:
The Applicant, Jagadeshwar Gattu, is proposing a modification to maintain the existing overhead utility lines along the NE 7th Street.
Site Area:
0.64 Acre
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B. EXHIBITS:
Decision for 7th Street Short Plat Street Modification
Modification Request Justification
Site Plan
C. PROJECT DESCRIPTION/BACKGROUND
NE 7th Street is classified as a Residential Access street with an existing right-of-way width of 60 feet per the King County Assessor’s Map. The existing roadway pavement width is
approximately 22 feet. There are no existing improvements fronting the property and there are existing overhead utilities (power, communications, cable, etc.) along the property frontage.
Per RMC 4-6-060, Complete Street Standards, a Residential Access street requires a minimum right-of-way width of 53 feet. A minimum paved roadway width of 26 feet consisting of two
10-foot travel lanes and one 6-foot parking lane is required. A 0.5-foot curb, 8-foot planter, and 5-foot sidewalk are required along each side of the pavement. To meet the City’s Complete
Street Standards no dedication would be required. RMC 4-6-090C.2 requires that: “Existing overhead power and utility facilities abutting a development or redevelopment site triggering
street frontage improvements under RMC 4-6-060 shall be required to be relocated underground, pursuant to the standards of this Section.” The NE 7th Street Short Plat Administrative
decision was issued under LUA19-000185 on December 3, 2019. The Applicant did not request a reconsideration or appeal the Administrative decision for undergrounding considerations.
The project applied for a Civil Construction Permit, C20003070, that is in the review process. The civil construction permit proposes installation of the Complete Street Standards for
a Residential Access street, however, the applicant is proposing a modification to retain the existing overhead utilities and install conduit for future undergrounding.
D. FINDINGS OF FACT (FOF):
The Planning Division of the City of Renton accepted the above master application for review on March 9, 2021 and determined the application complete on March 10, 2021. The project complies
with the 120-day review period.
The applicant’s submittal materials comply with the requirements necessary to process the modification request (Exhibit 2)
The project site is located at 3605 NE 7th Street.
The project site is currently developed with a single-family home.
Access to the site would be provided via a shared driveway connecting to NE 7th Street.
The property is located within the Residential Medium Density (RMD) Comprehensive Plan land use designation.
The site is located within the Residential-8 (R-8) zoning classification.
Modification Analysis: The applicant is requesting an Administrative Modification from the undergrounding requirements within RMC 4-6-090C.2, Utility Lines – Underground Installation,
along NE 7th Street, a Residential Access street. Specifically, the applicant is proposing the following modification:
Retain the existing overhead utility lines fronting the property along this portion of NE 7th Street and provide conduit along the property frontage so that the overhead utility lines
can be placed underground in the future.
The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommending approval of the requested
modification, subject to conditions as noted below:
Compliance
Modification Criteria and Analysis
Compliant if condition of approval is met
Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification
is the minimum adjustment necessary to implement these policies and objectives.
Staff Comment:
The Comprehensive Plan Land Use Element has applicable policies listed under a separate section labeled Promoting a Safe, Healthy, and Attractive Community. The intent of the policies
is to promote new development with walkable places that support grid and flexible grid street and pathway patterns, and are visually attractive, safe, and healthy environments. The
proposed project will install a planting strip and sidewalk, which provides the benefit of a safe and walkable pathway. Although the street modification does not provide the aesthetic
allure of removing existing overhead utilities, City Staff recognizes that the Applicant:
Will be installing curb, gutter, planting strip and sidewalk in accordance with Code defined Streets Standards.
Has indicated a willingness to install the necessary conduit for the future undergrounding of the utilities.
In addition, City Staff acknowledges that the modification provides the minimum adjustment necessary to implement the Comprehensive Plan Land Use Element. In order to facilitate undergrounding
of this system in the future, Staff recommends as conditions of approval that:
The new and existing services to the property are undergrounded, and
that a joint utility trench be reviewed, approved and inspected by Puget Sound Energy to allow for the undergrounding of the overhead utility lines at a later date. The joint utility
trench shall be installed prior to the short plat recording. The joint utility trench shall span from P01 to P02 as shown in Exhibit 3.
Compliant if condition of approval is met
Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment.
Staff Comment:
The modification achieves these standards as follows:
S
afety: Retaining the existing overhead utility does not pose a safety risk to pedestrians or motorists. The applicant contends that the addition of down guy wires, particularly at P02,
would pose a safety risk to motorists entering and existing the driveways of the short plat and parcel 8011100140 in addition to the asphalt transition as the utility pole and the addition
of guy wires would result in approximately a foot of separation from the drive and transition. Applicants concern is noted for reference.
Function: The existing functionality of the roadway corridor would be maintained with the retention of the existing overhead, and the ability to underground utilities in the future is
increased if both the recommended conditions of approval in criterion ‘a’ are met.
Appearance: The appearance is generally met if the recommended condition of approval 1 in criterion ‘a’ is met.
Environmental Protection: The two recommended conditions of approval in criterion ‘a’ provide for the minimum amount of ground disturbance within the right-of-way, which will reduce
the environmental hazard potential associated with conversion of overhead utilities to underground in the future.
Maintainability: Retaining the existing overhead utility does not pose a maintenance issue for City Maintenance Staff.
The proposed modification would meet the objectives of function and maintainability intended by the code requirements. City staff has reviewed NE 7th Street and the surrounding area
and have determined that a modification to retain the existing overhead utilities is suitable for the portion of NE 7th Street adjacent to the site provided the recommended conditions
of approval are met.
Compliant if condition of approval is met
Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment.
Staff Comment:
The modification achieves these standards as follows:
Safety: Retaining the existing overhead utility does not pose a safety risk to pedestrians or motorists. The applicant contends that the addition of down guy wires, particularly at P02,
would pose a safety risk to motorists entering and existing the driveways of the short plat and parcel 8011100140 in addition to the asphalt transition as the utility pole and the addition
of guy wires would result in approximately a foot of separation from the drive and transition. Applicants concern is noted for reference.
Function: The existing functionality of the roadway corridor would be maintained with the retention of the existing overhead, and the ability to underground utilities in the future is
increased if both the recommended conditions of approval in criterion ‘a’ are met.
Appearance: The appearance is generally met if the recommended condition of approval 1 in criterion ‘a’ is met.
Environmental Protection: The two recommended conditions of approval in criterion ‘a’ provide for the minimum amount of ground disturbance within the right-of-way, which will reduce
the environmental hazard potential associated with conversion of overhead utilities to underground in the future.
Maintainability: Retaining the existing overhead utility does not pose a maintenance issue for City Maintenance Staff.
The proposed modification would meet the objectives of function and maintainability intended by the code requirements. City staff has reviewed NE 7th Street and the surrounding area
and have determined that a modification to retain the existing overhead utilities is suitable for the portion of NE 7th Street adjacent to the site provided the recommended conditions
of approval are met.
(
Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment:
Staff has not identified adverse impacts to other properties from the requested modification. Also see comments under criterion ‘b’.
Compliant if condition of approval is met
Conforms to the intent and purpose of the Code.
Staff Comment:
Provided the recommended conditions of approval are met, staff concurs the proposed modification meets the intent and purposes of the Utility Lines – Underground Installation code. Further,
the improvements as defined by the Street Standards code are being installed.. Also see comments under criterion ‘a’ and ‘b’.
Compliant if condition of approval is met
Can be shown to be justified and required for the use and situation intended.
Staff Comment:
Provided the recommended conditions of approval are met, staff concurs that the modification is justified due to the fact that the projects street frontage lies between existing utility
poles and therefore, although overhead utilities would be removed, no utility poles would be removed and guy wires would be installed. Further, retaining the existing overhead does not
hinder the installation or functionality of the new planting strip and sidewalk thus allowing a seamless extension from the west, but also, having conduit installed results in minimal
future ground disturbance. Also see comments under criterion ‘b’.
E. DECISION:
The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the 7th Street Short Plat, File No. LUA21-000090, MOD, is approved and is subject
to the following conditions:
All new and existing electrical or communication facilities servicing the property shall be installed underground.
A joint utility trench shall be constructed along NE 7th street and shall be reviewed, approved, and inspected by Puget Sound Energy to allow for the undergrounding of the overhead utility
lines at a later date. The joint utility trench shall be installed prior to the short plat recording. The joint utility trench shall span from P01 to P02 as shown in Exhibit 3.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Planning Director
Date
TRANSMITTED on March 31, 2021 to the Owner/Applicant/Contact:
Owner:
Applicant:
Contact:
Jagadeshwar Gattu
14716 NE 76th Street
Redmond, WA 98052
Jagadeshwar Gattu
14716 NE 76th Street
Redmond, WA 98052
Eric Oehler
429 29th Street NE, suite D
Puyallup, WA 98372
TRANSMITTED on March 31, 2021 to the following:
C.E. “Chip” Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property and Technical Services Manager
Matt Herrera, Interim Current Planning Manager
Anjela Barton, Fire Marshal
Nathan Janders, Civil Engineer II
K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 14, 2021. An appeal of the decision must
be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is
working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted,
will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City
Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person.
EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material
evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval
body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial
decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications
are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this
doctrine could result in the invalidation of the appeal by the Court.
CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
7th Street Short Plat
Land Use File Number:
LUA21-000090, MOD
Date of Report
March 31, 2021
Staff Contact
Nathan Janders
Civil Engineer II
Project Contact/Applicant
Jagadeshwar Gattu
14716 NE 76th Street
Redmond, WA 98052
Project Location
3605 NE 7th Street
Renton, WA 98056
The following exhibits are included with the Administrative Modification Report:
Decision for 7th Street Short Plat Street Modification
Modification Request Justification
Site Plan