HomeMy WebLinkAboutD_HEX Decision_Forest Terrace_181203.pdf1
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PRELIMINARY PLAT, MOD, VAR - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Forest Terrace
Preliminary Plat, Street Modification,
Critical Areas Variance
LUA18-000124,PP,VA,MOD
FINDINGS OF FACT, CONCLUSINS OF
LAW AND FINAL DECISION
SUMMARY
The Applicant requests approval for a 25 lot residential preliminary plat, steep slope critical
areas variance, and two development standard modifications for a project site located at 2611 Union
Ave NE. The applications are approved subject to conditions. Staff recommended Conditions No. 3
and 15 have been revised as mutually agreed upon by the City and Applicant. Condition No. 15 has
been independently revised by the Examiner for the reasons identified in Finding of Fact No. 5B1.
TESTIMONY
City
Matthew Herrera, City of Renton Senior Planner, summarized the Staff Report. He noted that there is
a lot-line adjustment approval that has been issued that would move the property lines to provide
future alignment. There is a hilled area on the site that has 847 trees that would qualify as significant.
There would be significant grading on the site, which would result in a series of rockeries and
retaining walls. Most would meet the 6-foot height limitation. The Applicant has submitted an
application to increase the rockery height to ten feet on two lots. The Environmental Review
Committee issued a Determination of Non-Significance with 8 mitigation measures for grading
CONCLUSIONS OF
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PRELIMINARY PLAT, MOD, VAR - 2
impacts of the site. All rockeries and retaining walls would be certified by a geotechnical engineer
along with onsite observation.
Mr. Herrera went on to note that the proposed access streets would be stubbed for future connections
in the west and north. The Fire Department has required installation of temporary turn-around access.
The City has recommended a modified minor arterial section. The Applicant will mitigate storm
water per the proposal. There are 138 trees in the right of way. The Applicant has proposed to retain
14% of the trees and has requested replacement planting for the remaining significant trees that will
be removed. Staff has recommended a condition to decrease the slope and for third party review of
replacement plantings. There are also recommended conditions of approval for other landscaping.
The Applicant has requested a critical area variance to cut into a sloped area. A third-party reviewer
has identified that the variance proposed would not destabilize the hillside.
Regarding Public Notice, the Applicant hosted a neighborhood meeting on December 5, 2017 at the
Highlands Neighborhood Library. Two comment letters were received from Mr. Diaz, the
neighboring property owner. These were followed up by Staff and the Applicant with written
responses and a meeting. A recent comment letter was submitted to the Clerk’s Office regarding
concerns over tree replacement, drainage, and clearing and construction standards, all of which are
addressed in the staff report.
The Environmental Review Committee issued a DNS with 7 mitigation measures. The Applicant
requested reconsideration of one measure. The Committee issued a revised DNS with 8 mitigation
measures and no appeals were submitted.
Regarding Mr. Diaz’ comments on creating a north/south connection, Staff did look at other options
for connectivity. Options are limited due to the transmission line and the issue of multiple properties
under single ownership to the north. The option suggested by Mr. Diaz would require the Applicant
to make too many road improvements since it would require an additional east-west road along the
southern property line. Property to the west is a park and to the south is a school, further limiting
connection options. The proposed connection was determined to be optimal for maintaining a grid
pattern street scape.
Applicant
Ivana Halvorsen from Barghausen Consultant Engineers, on behalf of Applicant, stated that in general
the Applicant concurs with the staff report. Ms. Halvorsen noted the following points:
Regarding Condition 3, there is a house across the proposed boundary which must be
demolished. The Applicant requests a revision of Condition 3 to state that the demolition
be concurrent with plat construction and prior to final plat approval.
Regarding Condition 8, the Applicant’s arborist and landscape architect have evaluated
the site and determined that viable tree replacement could occur on a 2:4 slope. The
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PRELIMINARY PLAT, MOD, VAR - 3
Applicants request revision of Condition 8 to state that the Applicant will submit plans
for slopes, rockeries and retaining walls so that the City and the Applicant can continue to
work together for the most optimal solution for replacement plantings.
Regarding the stormwater bypass coming from the south by the school, the Applicant
wants to clarify that this is an existing drainage course that is being picked up and routed
to where it discharges today. There is no change to the drainage pattern.
Regarding Condition 15, for the required public cul-de-sac at the west end, the Applicant
agrees to comply with the specified street design. The Applicant wanted to clarify what
this will look like to address conflicting statements in the advisory memorandum
regarding the improvement. The 8-foot planter described in the memorandum will create
a 63-foot-wide right of way, instead of the required 55-feet. To address this issue, on the
north side of Road A there will be an 8-foot planter, but only a 4 ½ foot planter strip on
the south side.
Barry Talkington, a licensed professional engineer from Barghausen, stated that from his recollection
of the Diaz letter, there was a reference to a drainage course onto the Diaz property, which is the
drainage to be discharged behind lot 10. The remainder of the onsite drainage will be either routed to
the detention tank or vault, retained for flow control, and then discharged to a downstream drainage
course that goes to a creek. To provide their analysis, they made site visits and observed upstream
basins, and reviewed topographic maps and aerial photography.
Public Comments
Marian Vandermay, neighbor, hoped that along the southside of the project that the existing trail
would be maintained. It is a place where people walk their dogs down to the powerline.
City Rebuttal
Matthew Herrera noted that there are no plans to maintain the trail referenced by Ms. Vandermay. It
will be part of the Homeowner’s Association tract and it will be up to them if they want to maintain
it. The City would not object to keeping the trail.
Regarding condition 3, the City is okay with that as revised. Regarding condition 11, the original
condition was to revise the grading plans to prevent grading from occurring within the driplines of the
trees. That would require a third-party arborist on site to review grading activities and to act as a
special inspector to provide reports to the city to demonstrate compliance with the plan. Regarding
condition 15, the city is generally in agreement. However, on the south side, no planting 4 ½ foot
planting strip would be required. In addition, frontage improvements in the western section must be
extended beyond lots 11 and 12 all the way to the property line of the parent lot . There must be a
sidewalk/8-foot planter on both north and south sides of Road A
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PRELIMINARY PLAT, MOD, VAR - 4
Regarding condition 8, the prescriptive 3-6-foot addition in rockeries is an effort to reduce slope.
Based on issues of site topography and long-term maintenance for homeowners, Staff feels that those
grades should be more level for irrigation purposes and the ability of plants to thrive. Rockeries
would reduce planting area but retaining walls would not. A reduced slope is recommended for the
benefit of future homeowners. The City is not opposed to a revision but want to clarify the reason for
their recommendation.
Vanessa Dolbee, Renton planning manager, clarified that the retaining wall code requires a flat
terrace between retaining walls to plant vegetation. The City asks that the Applicant evaluate a
reduced slope to increase plant stability and to come closer to meet the code than currently proposed,
keeping under the code maximum of 6 feet. They are open to looking at other numbers but want to
ensure plant survival of replacement plantings. They appreciate the arborist memorandum, but the
city does not have an expert to respond.
Applicant Rebuttal
Regarding condition 15, the Applicant will not provide the 4 ½ -foot planter strip if none is required.
Extending the frontage improvement will involve dealing with a considerable grade to the west. They
would like the record to state that pavement and sidewalk will be constructed to the maximum
western point possible based on existing grades.
Regarding condition 8, the Applicant would like the prescriptive height change to be stricken from
the condition and that the gradient would be evaluated with the civil plan and there would be
discussions between the Applicant and the city. The arborist report is a technical memorandum
intended to provide clarity regarding the ability to plant trees on the slope with proper soil
amendment and proper tree selection.
Regarding the walking path, people walking across private property created a trail to the path under
the power lines. It is not the Applicants’ intention to promote public use of that trail. The sidewalk
along Road A provides a new pedestrian connection to the power lines.
EXHIBITS
Exhibits 1-27 listed on page 2 of the November 13, 2018 Staff Report were admitted into evidence
during the public hearing. Additional exhibits admitted during the hearing are as follows:
Exhibit 28 – Staff Power Point Presentation
Exhibit 29 – City of Renton COR maps
Exhibit 30 – Applicant’s Proposed Revision to Condition No. 3
Exhibit 31 – Applicant’s Proposed Revision to Condition No. 8
Exhibit 32 – Arborist Memorandum
Exhibit 33 – Applicant’s Proposed Revision to Condition 15
Exhibit 34 – Site Plan, detail of Ex. 33 revision
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PRELIMINARY PLAT, MOD, VAR - 5
Exhibit 35 – Revised Condition 11
FINDINGS OF FACT
Procedural:
1. Applicant. Kyle Lublin, Pulte Homes, 3535 Factoria Blvd SE #110, Bellevue, WA
98006.
2. Hearing. A hearing on the application was held on November 13, 2018 in the City of Renton
Council City Chambers.
3. Project Description. The Applicant requests approval for a 25-lot residential preliminary
plat, steep slope critical areas variance, and two development standard modifications for a project
site located at 2611 Union Ave NE.
The proposed subdivision would result in an overall density of approximately 2.14 dwellings per net
acre. Access to the site would be via Union Ave NE with a new public residential access street
extending through the subject property with stubs along the north and western property limits. The
Applicant would also construct street frontage improvements along 2611 and 2623 Union Ave NE.
Two detention tanks and one detention vault would mitigate stormwater flows. The Applicant has
requested a critical areas variance to remove an existing protected slope on the eastern portion of the
subject property to construct a section of the new internal public street with the remaining slope
proposed to be replaced with a terraced retaining wall. The Applicant has requested a development
standard modification for proposed rockeries up to 10 feet in height in the southwestern portion of
the subject property. A second modification is requested for frontage improvements along Union
Ave NE for a modified minor arterial standard. The City’s Critical Areas map identifies potential
regulated slopes on the property. The Applicant has proposed to retain 119 significant trees.
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 will be provided by the City of
Renton. Water and sewer mains are available along Union Ave to serve the proposed
lots.
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
resources exist to furnish services to the proposed development.
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PRELIMINARY PLAT, MOD, VAR - 6
C. Drainage. The proposal provides for adequate and appropriate stormwater drainage
facilities. The proposal is subject to the 2017 City of Renton Surface Water Design
Manual, which requires that the project not generate off-site stormwater flows that 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.
Preliminary stormwater design is documented in a Drainage Plan (Exhibit 6) and
Technical Information Report (TIR), dated June 18, 2018, (Exhibit 16) prepared by
Barghausen Consulting Engineers. Based on the City of Renton’s flow control map, the
site falls under Flow Control Duration Standards (Forested Conditions) and is located
within the May Creek drainage basin. The TIR analyzed off-site drainage and the
project’s surface water collection and distribution. According to the report, as the site is
on a hillside and generally slopes downward to the north, the subject property receives
upstream flows from the neighboring Sierra Heights Elementary School to the south.
Drainage from the subject property sheet flows from south to north across the site where
it is dispersed into the abutting residential lots and eventually flows to existing
conveyance systems on SE 95th Way and then into May Creek approximately ¼ mile
downstream from the subject property. May Creek eventually drains into Lake
Washington north of the City’s Kennydale neighborhood. No evidence of erosion control
issues or adverse flooding impacts were observed during the downstream analysis
investigation.
The Applicant has proposed to install a bypass located within Union Ave NE that collects
the storm runoff from the south of the proposed frontage and connects to the northern
catch basin. On-site, the Applicant has proposed a stormwater detention vault located on
the northeast corner of the subject property. The vault has been sized assuming that no
BMP credits will be used for the individual lots. Additionally, the Applicant proposes a
detention pipe system within the emergency secondary access road located on the
northern portion of the subject property north of Lots 2 and 3. This system shall be sized
in accordance with the 2017 City of Renton Surface Water Design Manual. Water quality
for the site would be provided via a stormfilter that would be located within the secondary
emergency access road north of the detention vault. Treatment would occur prior to
discharge into the City’s stormwater system in Union Ave NE. The Applicant would
install an 18-inch storm pipe on the west side of Union Ave NE that would carry flows
north and discharge into a drainage swale, regraded by the Applicant, approximately 280
linear feet prior to entering an existing catch basin at the intersection of SE 95th Way and
eventually flowing into May Creek.
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PRELIMINARY PLAT, MOD, VAR - 7
The Applicant proposes to construct a conveyance and 50-foot long level spreader or
dispersal trench in the rear yard of Lot 10 for existing flows that originate from the
contributing basin on the western portion of the abutting Sierra Heights Elementary
School. The level spreader would be located in a relatively narrow area between the toe of
a retaining wall and the rear property line; therefore, a condition of approval requires that
the Applicant’s geotechnical engineer review the proposed dispersion trench location and
provide any recommendations necessary to mitigate impacts to the retaining wall or
conveyance issues to downstream property owners.
D. Parks/Open Space. The proposal provides for adequate and appropriate parks and open
space.
City ordinances require the payment of park impact fees prior to building permit issuance.
City regulations do not require any specific set-aside for open space for residential
development in the R-4 zone. In the absence of any specific open space requirements or
any demonstrated need for open space, the Applicant cannot be legally required to set
aside any open space and it must be determined that the proposal provides for adequate
parks and open space through the payment of park impact fees.
E. Streets. The proposal provides for adequate and appropriate streets. The proposal has
been designed and staff has recommended several conditions adopted by this decision
that provide for safe and efficient vehicular and pedestrian circulation by incorporating a
well linked and defined pedestrian and vehiculation system on-site that is integrated into
adjoining streets and sidewalks.
The subject property’s existing frontage is along Union Ave NE, which is classified as a
minor arterial. Per the City’s Street Standards, the minimum right-of-way (ROW) width
for a minor arterial with four lanes is 91 feet with a paved roadway width of 54 feet that
contains four 11-foot wide travel lanes and two 5-foot wide bicycle lanes. An 8-foot wide
planter strip with 0.5-foot wide curb, 8-foot wide sidewalk, and 2-foot wide clear space at
the back of sidewalk is also standard on both sides of the minor arterial. The existing
ROW width along the subject property’s frontage is currently 60 feet, which would
require the Applicant to dedicate 15.5 feet of Union Ave NE frontage to construct the
half-street improvements. The Applicant has submitted a modification request for a
modified minor arterial section along the subject property’s frontage.
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PRELIMINARY PLAT, MOD, VAR - 8
The arrangement of the proposed subdivision internal street system would support future
connections when the abutting properties develop and provides an alignment with the
existing NE 27th Pl and Union Ave NE intersection. The north/south Road B would stub
along the northern portion of the property. The abutting northern properties are located in
unincorporated King County (Renton PAA), are under one party ownership, and are
under developed as to the capacity permitted under the County or City’s R-4 density
standards. Road B would provide connectivity to a future street network when the
northern properties subdivide and develop.
Road A traverses east/west along the entire subject property and would stub at the
western terminus. There is one large parcel to west (APN 042305-9002) between Road A
and SE 96th Pl. The property is located in unincorporated King County (Renton PAA),
under one party ownership, and is under developed as to the capacity permitted under the
County or City’s R-4 density standards. Road A would provide connectivity to SE 96th Pl
when to abutting western property subdivides and develops. Due to emergency vehicle
access standards, the Applicant would be required to construct a cul-de-sac near the
western limits of the proposed subdivision for required emergency vehicle turnaround
purposes. The turnaround would be necessary until such time as the western property
constructs a connection to SE 96th Pl. The Applicant’s utility plan ends the street
construction at the cul-de-sac radius instead of constructing the residential access street to
the terminus of the western property line. As the turnaround will no longer be needed
when the western property subdivides staff recommends as a condition of approval that
the Applicant submit a revised utility plan with the civil construction permit that extends
the residential access street to the western property line resulting in 5-foot wide sidewalk
and 8-foot planter strip with curb along the frontage of Lots 10 and 11 and along the
southern portion of Road A west of the cul-de-sac. The revised utility plan shall be
reviewed and approved by the Current Planning Project Manager prior to construction
permit approval.
The internal street system (Roads A and B) shall be constructed to meet the Residential
Access street requirements per the City’s Street Standards. Residential Access streets
contain a ROW width of 53 feet with a paved roadway width of 26 feet that contains two
10-foot wide travel lanes and one 6-foot wide parking lane. An 8-foot wide planter strip
with 0.5-foot wide curb and 5-foot wide sidewalk is also standard on both sides of the
residential access street. Curb-bulbs are required at intersections where on-street parking
is located. The on-street parking lane should be located on the opposite side of the fire
hydrant locations, north side of Road A, in order to maximize parking availability. The
Applicant’s utility plan (Exhibit 5) does not provide the correct Residential Access street
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PRELIMINARY PLAT, MOD, VAR - 9
section however the 53-foot ROW width is provided. Additionally, the plan does not
indicate curb-bulbs at the intersections of Road A and Union Ave NE or Road A and B.
Therefore, a condition of approval requires that the Applicant submit a revised utility plan
with civil construction permit application that contains the current residential access
street cross section for Roads A and B with the parking lane and curb-bulbs located on
the opposite side of where the fire hydrants will be installed.
The Applicant’s traffic study, Ex. 19, demonstrated no need for any off-site transportation
improvements. The proposed project is estimated to generate 281 net new weekday daily
trips with 22 net new trips occurring during the weekday AM peak hour (6 in, 16 out) and
26 net new trips occurring during the weekday PM peak hour (16 in, 10 out). The trip
generation reflects credit for the existing home that will be removed. The Applicant’s
traffic study did a future year level of service (LOS) analysis and found that for future
year 2021 AM and PM peak hour conditions at the Union Avenue NE/NE 27th Place
study intersection, all controlled movements are expected to operate at LOS B or better in
2021 with the proposed Forest. Based on the results of the LOS analysis, no project-
specific off-site transportation mitigation is proposed. However, to mitigate long-term
traffic impacts, the City of Renton requires payment of a traffic impact fee. The City’s
currently adopted 2017 impact fee rate is $5,430.85 per single family house. Based on the
current proposed lot count and credit for the existing home to removed, the net
transportation impact fee for the proposed project would be $130,340.40 under current
regulations. Those regulations are subject to change and applicable regulations apply
when the impacts fees become due under City standards.
Tricia and John Diaz submitted comments regarding other potential road connections for
the project site. Ex. 26. All possible street connections have been accommodated by the
proposal as testified by Mr. Herrera in his response to Examiner questions about potential
street connections. Surrounding developed conditions along with the adjoining school
property to the south and the power line/park property to the west do not make any other
connections possible.
F. Parking. The proposal provides for adequate and appropriate parking. Parking
regulations require that a minimum of two (2) parking spaces be provided for each
detached dwelling. Sufficient area exists, on each lot, to accommodate off-street parking
for a minimum of two (2) vehicles. This is typically achieved by providing a two (2) car
garage for each single-family home. In addition, the proposed internal residential access
street will provide for additional on-street parking.
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PRELIMINARY PLAT, MOD, VAR - 10
G. Schools. As conditioned, the proposal provides for adequate and appropriate schools and
walking conditions to and from school. According to the staff report, it is anticipated that
the Renton School District can accommodate any additional students generated by this
proposal at the following schools: Sierra Heights Elementary, Risden Middle School, and
Hazen High School. Any new students from the proposed development would be bussed
to Risden Middle and Hazen High schools. New elementary school students are within
walking distance of Sierra Heights. The stop for both schools is located approximately
0.23 miles from the project site at Union Ave NE and NE 23rd Pl. The proposed project
would require the installation of frontage improvements along the Union Ave NE
frontage that includes sidewalks and planter strip. Students would walk south along
Union Ave NE to reach the bus stop. Existing sidewalks are located on both sides of
Union Ave NE with the exception of an approximate 140 linear foot gap along the west
site of Union Ave NE between the southern limits of the subject property and Sierra
Heights Elementary School. A narrow shoulder with marked fog line is all that exists
along this frontage and it would be the direct walking route for elementary school
students from the subdivision. Due to this sidewalk gap along Union Ave NE and RCW
58.17.110(1), which requires provisions for planning features that assure safe walking
conditions for students, a condition of approval requires that the Applicant submit a safe
walking route plan with the civil construction permit for students attending Sierra Heights
Elementary School and students walking to their designated bus stop at Union Ave NE
and NE 23rd Pl. The plan may include off-site improvements necessary to ensure safe
walking conditions for students. The safe walking route plan shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
A School Impact Fee would be required for the future homes. The current Renton School
District Impact Fee is $6,432.00. The fee in effect at the time of building permit
application is applicable to this project and is payable at the time of building permit
issuance.
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with
the proposal. Adequate public facilities and drainage control are provided as determined in Finding
of Fact No. 4. Pertinent impacts are more specifically addressed as follows:
A. Compatibility. The proposal is compatible with surrounding development. The subject
property is bordered by single-family development along the north, east, and west sides of
the project site and abuts a public elementary school to the south. With the exception of
the school property, the properties in the general vicinity of the subject property are
residential low and medium density and are designated R-4 and R-6 by the City and the
County. The proposed stormwater facility within the storm drain tract is an underground
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PRELIMINARY PLAT, MOD, VAR - 11
vault. The perimeter landscaping and grass planted over the top of the vault would
provide an amenity to the neighborhood and an attractive buffer. A Stormwater detention
pond within the tract would not provide the same level of aesthetic benefits as the
proposed vault. Therefore, a condition of approval requires that any proposal to convert
the stormwater vault within the tract to a stormwater detention pond be considered a
Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2.
B. Tree Retention. The proposal complies with the City’s tree retention standards, thus
ensuring that in conjunction with the City’s landscaping requirements that impacts to
wildlife habitat and aesthetics are adequately mitigated.
An Arborist Report was prepared by Tree Solutions Consulting Arborists dated December
15, 2017 (Exhibit 17) and submitted with the land use application. The report states the
site is heavily forested with a total tree inventory of 1,024 trees on the subject property.
Of those trees, 138 are located along the alignment of ROW improvements and 39 trees
were determined to be dangerous resulting in the subject property containing 847
significant trees.
The Applicant has proposed to retain 119 of the site’s 847 significant trees resulting in a
retention rate of 14 percent. In order to meet the code required 30 percent retention, the
Applicant is required to retain 254 of the site’s significant trees. Trees proposed to be
retained are located along the north-central portion and southern area of the subject
property within tracts. Trees proposed to be removed are located where grading is
proposed to construct the stormwater vault and tank and areas to be prepared for the
building pads of the future single-family residences.
The Applicant has requested to provide replacement planting for the 135 protected trees
1,620 caliper inches) that would be removed. The Applicant has requested 50 percent
credit for those trees that would otherwise be required planting (i.e. street trees, storm
drainage facility screening, and minimum tree density plantings). Remaining replacement
planting would occur in tree protection tracts B, C, D, and E and within portions of Lots
12-24. As shown on the Preliminary Tree Replacement and Landscape Plan (Exhibit 18),
the Applicant proposes to plant 568 3-inch caliper trees. Of those 568 proposed
replacement trees, 145 trees would be required planting regardless of the tree retention
regulations as they are street trees and trees to meet the minimum tree density
requirement. A 50 percent replacement credit may be given for those trees that are
required to be planted per the landscaping code. It appears on the landscape plan that
most of the lots do not contain the minimum two (2) trees per 5,000 square foot minimum
so additional planting would be necessary. Additionally, no storm drainage facility
landscaping is shown and the street tree count may change due to utility conflicts that
may occur during final engineering design. Therefore, a condition of approval requires
that the Applicant submit a revised landscape plan with the civil construction permit
application that provides an updated caliper count for those trees counted as required
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planting such as street frontage landscaping, minimum tree density, street trees, and storm
drainage screening.
After obtaining 50 percent tree replacement credit for required plantings, the Applicant
proposes to replant 3-inch caliper trees within tracts B, C, D, and E and within portions of
Lots 12 through 24. The total replacement trees and caliper inches on the landscape plan
is 423 and 1,269 inches, respectively. Total replacement tree counts may change due to
changes in required tree plantings noted above. Replacement trees consist of western red
cedar, Douglas fir, western hemlock, big leaf maple, and vine maple.
Tracts B, C, D, and E would contain protected trees, which are both retained and
replacements. Deed restrictions, covenants, signage, ownership, and maintenance
requirements are set forth in RMC 4-4-130H.2 Tree Protection Tract. Therefore, a
condition of approval requires that the Applicant submit Homeowner’s Association
HOA) documents with the final plat application that outline the responsibility for
ownership and maintenance for maintaining the tracts, protected trees, fencing, and
signage. The Applicant shall also submit permanent and irrevocable deed restrictions on
the tracts that prohibits future development.
Due to the large number of replacement trees and associated grading to accommodate the
plantings, a condition of approval requires that the Applicant submit a surety to ensure the
survival of the replacement trees for a minimum of five (5) years. The surety shall include
a warranty for each replacement tree and maintenance of the tracts for the five (5) year
period. The surety and maintenance specifications shall be executed prior to plat
recording.
Proposed grading activities occur within and near trees proposed to be retained in Tract E.
Therefore, staff recommends as a condition of approval that the Applicant shall submit
revised grading plans that removes grading activities within the drip lines of the trees.
Due to the close proximity of the proposed grading within Tract E the Applicant shall
retain a certified arborist or licensed landscape architect to monitor construction activities
near the retained trees and ensure they are protected and/or to prune branches and roots,
fertilize, and water as appropriate. Monitoring and other required tree protection measures
during construction (RMC 4-4-130H.9) shall be incorporated into the civil construction
permit plans to be reviewed and approved by the Current Planning Project Manager prior
to permit issuance.
1. Staff Recommended Condition No. 8: City staff and the Applicant disagree over
the wording of Staff recommended Condition No. 8, which requires the Applicant
to change the height of proposed rockery walls from 3.5 feet to six feet. This
decision revises recommended Condition No. 8 to subject the issue to third party
professional review and final staff approval during civil review.
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Disagreement over Condition No. 8 arises from the Applicant’s proposal for
replacement trees in Tract E and within portions of Lots 12-24, which are
proposed to be tightly planted on engineered 2H:1V slopes. Based in part at least
upon past experience with WSDOT efforts to maintain plantings on 2:1 slopes,
City staff believe that it is likely to be difficult to establish the proposed density of
planting on such a steep slope as soils are likely to slough after planting and
irrigation will be challenging with the downward slope. Due to these sloughing
and irrigation issues, the City has proposed condition No. 8 to require that the 2:1
slopes proposed by the Applicant be reduced by replacing the proposed 3.5 foot
high rockery walls with walls six feet in height. The Applicant opposes this
change in rockery height. The Applicant has submitted an arborist report, Ex. 33,
that outlines the “plant material appropriate for planting on a slope with 2:1
grade.” Beyond asserting that the recommended plant material is “appropriate,”
the arborist does not make any assurances that the recommended planting will not
result in any of the irrigation and sloughing problems asserted by the City. The
Applicant proposes to revise recommended Condition No. 8 to enable the parties
to work out the rockery heights during civil review. Given the lack of concrete
evidence from both the City and the Applicant on this issue and the willingness of
the Applicant to defer final decision making to staff, the Applicant’s approach as a
concept, coupled with third party review, is found to be the most effective
resolution for the slope issue and is adopted by this Decision in its revisions to
recommended staff condition No. 8.
C. Critical Areas. The proposal complies with the City’s critical area regulations and thus is
found to adequately mitigate against significant adverse impacts to environmentally
sensitive areas. The only critical areas located on the project site are geologically
hazardous areas. As conditioned by this decision, the Applicant’s proposed work within
these areas will be in conformance with the City’s critical area regulations and for that
reason the work is not considered to create any adverse significant impacts.
The City’s mapping system has identified potential regulated slopes between 25-40
percent with isolated areas greater than 40 percent and High Erosion Hazard areas. The
Applicant’s geotechnical report (Exhibit 10) found the site qualifies as a High Erosion
Hazard Area and the soils over most of the site would have a slight to severe potential for
erosion when exposed. The report provides recommendations to mitigate these hazards
most notably by limiting site clearing and grading activities to dry months which has been
included as a SEPA mitigation measure. The report also finds the site meets the Moderate
Landslide Hazard and Sensitive Slope criteria with slopes ranging from 15-40 percent
across the site and SEPA mitigations measures were incorporated into the DNS-M to
have the Applicant comply with all recommendations of current and future geotechnical
reports, have the geotechnical engineer review the future construction plans to ensure
compliance, and have the Applicant’s geotechnical engineer identify those construction
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activities where observation on-site by a licensed geotechnical engineer should occur and
provide those benchmarks on the construction plans.
An isolated protected slope was identified by the Applicant’s geotechnical engineer in an
updated report (Exhibit 11) located on the Perkins Property where the new Road A would
intersect with Union Ave NE. The City contracted with a geotechnical engineer for peer
review of the Applicant’s analysis (Exhibit 12). The Applicant has requested a critical
areas variance to remove the protected slope and replace with a two-tiered rockery wall.
That variance is approved by this decision for the reasons identified in the Conclusions of
Law.
The requested steep slope variance would not adversely affect critical areas on adjoining
properties. City staff conducted a secondary review (Exhibit 12) of the Applicant’s
geotechnical analysis to verify this finding. The City’s third-party reviewer generally
agreed with the Applicant’s findings and recommended several additional considerations,
which the Applicant’s geotechnical engineer responded (Exhibit 13). The resulting two-
tiered rockery that would replace the protected slope would be located on the abutting
Perkins property. The SEPA mitigation measures incorporated into the DNS-M document
will require the Applicant to have those rockeries reviewed and certified by a
geotechnical engineer as part of the civil construction and building permit phase of
development to further demonstrate no long term impacts associated with the rockeries
would occur. However, the two-tiered rockery is located off-site as the Perkins property is
not part of the preliminary plat, therefore a condition of approval requires that the
Applicant prepare an agreement with the Perkins property that identifies maintenance
responsibilities and any needed easements necessary to maintain the rockery on the
abutting 2623 Union Ave NE property.
Overall, the requested slope variance would not create or increase a risk to the public
health, safety, and welfare, or to public or private property. The Applicant contends their
geotechnical analysis indicates that removing the protected slope would improve the
stability of the area and that the design and construction of the development would be
completed under the recommendation and supervision of a geotechnical engineer. Staff
determined that the analysis provided by the Applicant, which was reviewed by an
independent third party geotechnical engineer, finds the proposed slope removal can be
conducted safely and would be adequately replaced with a two-tiered rockery. Further, the
protected slope is an isolated feature in the subject property and not part of a larger
geological hazard that would require a setback or buffer.
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Conclusions of Law
1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. The
modification requests and variance requests are classified by RMC 4-8-080(G) as a Type I review.
RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number
procedure”. The Type III plat review 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.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned R4. The
comprehensive plan map land use designation is Residential Low Density.
3. Review Criteria/Street/Adoption of Staff Findings and Conclusions on Modification
Requests. Chapter 4-7 RMC governs the criteria for subdivision review. The two modification
requests identified in Finding of Fact No. 3 are governed by RMC 4-9-250.D. The variance request
identified in Finding of Fact No. 3 is governed by RMC 4-9-250C9. 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. The
findings and conclusions of Finding No. 25 and 26 of the staff report are adopted to conclude that the
proposal meets the criteria for the requested street and rockery wall development standard
modifications.
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. As to compliance with the Zoning Code, Finding 20 and 21 of the staff report is adopted by
reference as if set forth in full. Each proposed lot will access a public road as depicted in the
preliminary plat map, Ex. 4. As determined in Finding of Fact No. 4 and 5, the project is adequately
designed to prevent any impacts to critical areas and will not cause flooding problems as it is not
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located in a floodplain critical area and will be served by adequate and appropriate drainage
facilities. 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 proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined
in Finding 19 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 single internal roads connect to Union Avenue as required by the criterion quoted above.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. City staff have reviewed the proposal for consistency with City road plans and found the
proposed roads to be consistent.
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. There are no officially designated trails in the vicinity of the project.
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.
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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.
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
9. The land is suitable for a subdivision as the stormwater design assures that it will not
contribute to flooding and the only critical area encroachment (steep slopes) is authorized through
the critical areas variance approved by this decision. 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. 5. No lots
primarily composed of steep slopes will be created by the subdivision. See Ex. 6.
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. City ordinances require the payment of park impact fees prior to building permit issuance.
As determined in Finding of Fact No. 4, the payment of impact fees and the proposed tree retention
tract provide for all the open space and park space that can be required by City ordinances.
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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. All possible street connections have been accommodated as determined
in Finding of Fact No. 4E.
RMC 4-7-150(B): All proposed street names shall be approved by the City.
12. As conditioned.
RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or
secondary arterials shall be held to a minimum.
13. There is no intersection with a public highway or major or secondary arterial. Union Avenue,
the only currently proposed connection to an existing street, is a minor arterial.
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. As determined in Finding of Fact 4, the Public Works Department has reviewed and
approved the adequacy of streets, which includes compliance with applicable street standards and
acceptable street alignment. .
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:
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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.
15. The criterion is met. As determined in Finding of Fact No. 4E, no additional street
connections can be accommodated due to existing developed conditions. As shown in the
preliminary plat cover sheet, Ex. 3, the alignment of Road A has been maximized to provide for a
grid system and road connectivity by placing it in a position to serve as an extension of both SE 96th
Pl and NE 27th Pl.
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. 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. Road A and B are extended to the plat boundary lines and Road A will
be improved with a temporary turn around as required by the criterion quoted above.
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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. As depicted in the plat maps, the side lines are generally 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. 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.
20. As previously determined, the proposed lots comply with the zoning standards of the R4
zone, which includes area, width and density.
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. As shown in the plat maps, the requirement is satisfied.
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. There are no significant on-site natural features.
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
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eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
24. 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
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 proposal provides for adequate drainage that is in conformance with applicable City drainage
standards as determined in Finding of Fact No. 4. The City’s stormwater standards, which are
addressed in the Applicant’s technical information report 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. These requirements will be imposed during engineering review for final plat approval.
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. 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 land owner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
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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. 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.
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. As conditioned.
Variance
RMC 4-9-250(C)(9): Special Review Criteria – Steep Slopes Forty Percent (40%) or Greater and
Very High Landslide Hazards: For variance requests to alter steep slopes over forty percent (40%)
or greater and very high landslide hazard areas and their associated setbacks, the following criteria
shall apply:
a. The variance granted is the minimum amount necessary to accommodate the proposal; and
30. In order to comply with the City’s subdivision standards, the proposed variance is the
minimum necessary to accommodate the proposal. As outlined in Conclusion of Law No. 15, City
subdivision standards encourage a street grid system and connectivity and the only way to
accomplish that required connectivity to NE 27th Pl is with the proposed Road A alignment through
the steep slopes.
RMC 4-9-250(C)(9)(b): Alternative development concepts that comply with RMC 4-3-050 have
been evaluated and that practical difficulties and unnecessary hardship would result from the strict
application of the code; and
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31. As noted in the staff report, the Applicant has explored alternative concepts via the
preapplication meeting and application prescreening process with the City. By not removing the
protected slope an additional intersection would be added to Union Ave NE that would not align
with NE 27th Pl. contributing to additional vehicle turning movements instead of consolidating the
movements into one intersection. Further, the proposed alignment would create a connection
between existing street systems, which is required by the City’s subdivision standards as addressed
in Conclusion of Law No. 15.
RMC 4-9-250(C)(9)(c): The proposal does not adversely impact geological hazards or other
critical areas on adjacent properties; and
32. The proposal will not adversely affect critical areas on adjoining properties for the reasons
outlined in Finding of Fact No. 5C.
RMC 4-9-250(C)(9)(d): The need for the variance is not the result of actions of the Applicant or
property owner; and
33. The need for the variance is solely due to the presence of the steep slopes in an area that must
be developed with Road A in order to satisfy the City’s street connectivity standards. These issues
are not the result of actions by the Applicant or property owner.
RMC 4-9-250(C)(9)(e): The proposal does not create or increase a risk to the public health, safety,
and welfare, or to public or private property; and
34. The criterion is met for the reasons outlined in Finding of Fact No. 5C.
RMC 4-9-250(C)(9)(f): If the Administrator approves a variance under this subsection, the
following conditions of approval, among others, may be imposed
i. The recommendations of the geotechnical report are followed;
ii. Project plans shall be reviewed and sealed by a geotechnical engineer or the geotechnical
engineer shall submit a sealed letter stating that they have reviewed the plans and in their opinion
the plans and specifications meet the intent of the geotechnical report; and
iii. An appropriate number of site visits by the geotechnical engineer to establish proper methods,
techniques, and adherence to plan drawings is demonstrated during and after construction.
35. The DNS-M has incorporated mitigation measures that would require all three (3) above
referenced conditions of approval. Additionally, the DNS-M limits clearing and grading of the
subject property to dry season construction months between May 1 to September 30 and requires
certification of all rockeries and retaining walls regardless of height.
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DECISION
The proposed preliminary plat, variance and two modifications as identified in Finding of Fact No. 3
comply with all the development standards quoted above for the reasons identified in the conclusions
of law and are therefore approved subject to the following conditions of approval:
1. The Applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated October 15, 2018.
a. Clearing and grading of the subject property shall be limited to May 1 to September
30.
b. The Applicant shall comply with the recommendations of the Geotechnical Report,
Protected Slope Analysis, and Response to GeoEngineers Secondary Review
Comments prepared by Terra Associates Inc. dated July 19, 2017, June 18, 2018, and
August 14, 2018, respectively, and any future addenda to such reports.
c. The Applicant’s geotechnical engineer shall review the project’s construction plans to
verify compliance with the geotechnical report(s). The geotechnical engineer shall
submit a sealed letter stating that he/she has reviewed the construction plans and in
their opinion the plans and specifications meet the intent of the report(s).
d. The Applicant’s geotechnical engineer shall identify those construction activities
where observation on-site by a licensed geotechnical engineer should occur. Those
identified activities shall be clearly stated on the construction plans to be submitted
for review and approval by the Civil Plan Reviewer.
e. The Applicant’s geotechnical engineer shall seal and certify all rockeries and retaining
walls regardless of height on the construction plans and provide long term
maintenance recommendations for future homeowners.
f. If any utilities are constructed east and parallel of the centerline within Union Ave NE
along the subject property’s frontage, the Applicant shall restore the Union Ave NE
roadbed (curb to curb) along the subject property’s frontage to current City Standards
prior to final plat recording.
g. If utilities are only constructed west and parallel of the centerline within Union Ave
NE along the subject property’s frontage, the Applicant shall restore the gaps, if found
to not meet City standards, between the trench restorations west and parallel of the
centerline to current City standards prior to final plat recording.
h. The Applicant shall video the approved haul route prior to the beginning of
construction to identify the existing condition of the roadway. Following the
completion of plat infrastructure, the Applicant shall video the haul route again and
identify the post construction condition of the roadway. The Applicant shall repair the
roadway to a condition equal or better to the condition of the initial video. Repairs to
the haul route shall be completed by the Applicant and reviewed and approved by the
civil plan reviewer prior final plat recording.
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2. The Applicant shall submit a document with the final plat application to be on title notifying
future owners of the presence of a gas pipeline in the vicinity and advising contact with the
pipeline owner before and ground disturbance. The document shall first be reviewed and
approved by the Current Planning Project Manager. The Applicant shall then record the
documents with the King County Recorder’s Office for each affected lot prior to their
respective building permit issuance.
3. The Applicant shall remove the existing single-family residence and any outbuildings located
on the subject property at 2611 Union Ave NE concurrent with plat construction and prior to
final plat approval.
4. The Applicant shall submit a revised detailed landscape plan with the civil construction
permit application that identifies the street frontage landscaping buffer for each lot that
includes a mixture of trees, shrubs, and groundcover to be reviewed and approved by the
Current Planning Project Manager.
5. The Applicant shall submit a revised detailed landscape plan with the civil construction
permit application that identifies the utilities and lighting in the planter strips, provides a
minimum of one (1) tree per lot with a maximum separation of 30 feet on-center for those
areas not encumbered by driveways and/or utilities, and relocation of the street trees for Lots
12 and 13 into their respective front yards should the Applicant decide to remove the planter
strip from the cul-de-sac. Additionally, the revised landscape plan shall provide root barrier
systems within the planter strip to impede tree roots from buckling the abutting sidewalks.
The revised landscape plan shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
6. The Applicant shall submit a revised landscape plan that provides a landscape screen around
the east, south, and west perimeter of the vault consisting of trees, shrubs, and groundcover.
The revised landscape plan shall also provide specifications for aesthetic treatment of the
exposed vault wall along the northern perimeter of the vault in lieu of providing a substantive
landscape screen. The treatment shall be a veneer surface attached to the vault that consists of
brick detailing such as a garden wall bond with diagonal patterns or a comparable surface
approved by the Current Planning Project Manager. The revised landscape plan shall be
reviewed and approved by the Current Planning Project Manager prior construction permit
issuance.
7. The Applicant shall submit a revised landscape plan with the civil construction permit
application that provides an updated caliper count for those trees counted as required planting
such as street frontage landscaping, minimum tree density, street trees, and storm drainage
screening. The revised landscape plan shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
8. The Applicant shall submit revised grading and landscape plans to be reviewed and approved
by the Current Planning Manager that include detailed sheets of the proposed rockeries. The
revised plans shall include details of split-rail fencing surrounding the tracts, fencing,
irrigation, and long term maintenance instructions for future homeowners. Any remaining
caliper inches required for tree replacement that cannot be provided on-site shall be satisfied
via payment of a fee-in-lieu payment into the City’s Urban Forestry Program. Tree
replacement and/or fee-in-lieu payment shall occur prior to final plat recording. The revised
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PRELIMINARY PLAT, MOD, VAR - 26
landscape plans shall undergo independent secondary review by a certified arborist, funded
by the Applicant, to ensure the proposed spacing and graded conditions are suitable for the
proposed replacement planting. The independent review shall specifically address whether
the height of the proposed rockeries should be increased to reduce the slope of the planting
area to mitigate against potential problems in sloughing soils, irrigation and plant
stability/viability. The report should specifically identify any changes in rockery height or
other mitigation necessary to assure adequate soil stability and irrigation. The
recommendations of the arborist report may be imposed by the Current Planning Manager as
found necessary to assure adequate soil stability and irrigation. All proposed planting slopes
shall be consistent with City regulations or be approved by variance and/or modification as
applicable.
9. The Applicant shall submit Homeowner’s Association documents with the final plat
application that outline the responsibility for ownership and maintenance for maintaining the
tracts, protected trees, fencing, and signage. The Applicant shall also submit permanent and
irrevocable deed restrictions on the Tracts that prohibits future development. The HOA
documents and deed restrictions shall be reviewed and approved by the Current Planning
Project Manager prior to recording with the King County Recorder’s Office with the plat.
10. The Applicant shall submit a surety to ensure the survival of the replacement trees for a
minimum of five (5) years. The surety shall include a warranty for each replacement tree,
temporary irrigation system, and maintenance of the tracts for the five (5) year period. The
surety and maintenance specifications shall be executed prior to plat recording.
11. The Applicant shall submit revised grading plans that removes grading activities within the
drip lines of the trees. Due to the close proximity of the proposed grading within Tract E, the
Applicant shall retain a certified arborist or licensed landscape architect to monitor
construction activities near the retained trees and ensure they are protected and/or to prune
branches and roots, fertilize, and water as appropriate. Monitoring and other required tree
protection measures during construction (RMC 4-4-130H.9) shall be incorporated into the
civil construction permit plans to be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
12. The Applicant shall submit revised landscape plans with the civil construction permit
application that provides trees, shrubs, and ground cover planting between the lock and load
retaining wall terraces with detail sheets of the wall materials. The revised landscape plans
shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
13. The Applicant shall submit revised grading and landscape plan with the civil construction
permit application that provides a minimum setback of three feet from the right-of-way for
the proposed rockeries located on the Perkins property at 2623 Union Ave NE. The setback
shall be landscaped with trees, shrubs, and groundcover. Detail sheets of the proposed
rockeries shall be provided with the plans. The revised plans shall be reviewed and approved
by the Current Planning Project Manager prior to permit issuance.
14. The Applicant shall submit a color palette for each new single-family home be submitted
with the final plat application. The color palette shall be reviewed and approved by the
Current Planning Project Manager prior to plat recording.
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PRELIMINARY PLAT, MOD, VAR - 27
15. The Applicant shall resubmit a revised plat plan with the civil construction permit application
that identifies the cul-de-sac as a public street designed per the City’s Street Standards. The
revised plat plan shall be reviewed and approved by the Current Planning Project Manager
prior to permit issuance. The cul-de-sac on the western portion of the property shall have a
minimum paved radius of forty five feet (45’) with a right-of-way radius of fifty feet (55’) for
the turnaround (RMC 4-6-060H4). The north side of the cul-de-sac bulb shall be designed
with an 8-foot planter strip and 5 foot sidewalk to the western property line. The south side
of the cul-de-sac shall be designed with a 5 foot sidewalk to the western property line but will
not have to include a planter strip. Staff are authorized to authorize the cul-de-sac
improvements to fall short of the western property line to the extent that staff finds a
complete extension infeasible and consistent with applicable development standards.
16. The Applicant shall submit a revised utility plan with civil construction permit application
that contains the current residential access street cross section for Roads A and B with the
parking lane and curb-bulbs located on the opposite side of where the fire hydrants will be
installed. The revised utility plan shall be reviewed and approved by the Current Planning
Project Manager prior to permit issuance.
17. Any proposal to convert the stormwater vault within Tract A to a stormwater detention pond
shall be considered a Major Plat Amendment subject to the requirements outlined under
RMC 4-7-080M.2.
18. The Applicant shall prepare an agreement with the Perkins property that identifies
maintenance responsibilities and any needed easements necessary to maintain the rockery on
the abutting 2623 Union Ave NE property. Documentation of this agreement shall be
reviewed and approved by the Current Planning Project Manager prior to plat recording.
19. The Applicant shall submit a revised utility plan with the civil construction permit that
extends the residential access street to the western property line resulting in 5-foot wide
sidewalk and 8-foot planter strip with curb along the frontage of Lots 10 and 11 and along the
southern portion of Road A west of the cul-de-sac. The revised utility plan shall be reviewed
and approved by the Current Planning Project Manager prior to construction permit approval.
20. The Applicant shall submit an individual landscape plan package with the single-family
building permits for Lots 12 and 13 prepared by a licensed landscape architect that provides
view obscuring plantings consisting of evergreen shrubs and trees along the base of the
rockery sections greater than 10 feet in height. The landscape plans shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
21. The Applicant shall submit a safe walking route plan with the civil construction permit
application for students attending Sierra Heights Elementary School and students walking to
their designated bus stop at Union Ave NE and NE 23rd Pl. The plan may include off-site
improvements necessary to ensure safe walking conditions for students. The safe walking
route plan shall be reviewed and approved by the Current Planning Project Manager prior to
permit issuance.
22. The Applicant’s geotechnical engineer shall review the proposed dispersion trench location
within the rear yard of Lot 10 and provide any recommendations necessary to mitigate
impacts to the retaining wall or conveyance issues to downstream property owners. The
geotechnical analysis of the dispersion trench shall be submitted with the civil construction
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PRELIMINARY PLAT, MOD, VAR - 28
permit application and reviewed and approved by the Current Planning Project Manager prior
to permit issuance.
23. All road names shall be approved by the City.
24. 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.
25. 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. All other lot
corners shall be marked per the City surveying standards. The subdivider shall install all
street name signs necessary in the subdivision.
26. 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 Public Works 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 Public Works
Department.
27. 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 land
owner. 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. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet (15').
DATED this 3rd day of December, 2018.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
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PRELIMINARY PLAT, MOD, VAR - 29
RMC 4-8-080(G) classifies the 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.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
Forest Terrace Preliminary Plat
Project Number:
LUA18-000124, ERC, PP, MOD
Date of Report
December 4, 2018
Staff Contact
Matt Herrera
Senior Planner
Project Contact/Applicant
Ivana Halvorsen, Barghausen
Consulting Engineers, Inc.
18215 72nd Ave S
Kent, WA 98032
Project Location
2611 and 2623 Union Ave
NE / APNs 042305-9142
and 042305-9114
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-21: As shown in the Environmental Review Committee (ERC) Report
Exhibit 22: ERC Reconsideration Request and Revised DNS-M
Exhibits 23-27: As shown in the Staff Report to the Hearing Examiner
Exhibit 28: Staff Power Point Presentation
Exhibit 29: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 30: Applicant’s Proposed Revision to Condition No. 3
Exhibit 31: Applicant’s Proposed Revision to Condition No. 8
Exhibit 32: Arborist Memorandum
Exhibit 33: Applicant’s Proposed Revision to Condition 15
Exhibit 34: Site Plan, detail of Ex. 33 revision
Exhibit 35: Revised Condition 11
Forest Terrace Preliminary Plat
2611 Union Ave NE
File LUA18-000124,ECF,PP,VA,MOD
Public Hearing
Matt Herrera, Senior Planner
November 13, 2018
Project Proposal
•Proposed 25-lot single-
family residential
subdivision.
•Four (4) tracts.
•Two new full width
residential access
streets.
•Stormwater detention
vault and tanks.
•New sewer and water
mains.
Project Location
•Northeastern
portion of City.
•Highlands
Community
Planning Area
•City Limits on north
and west boundary
•Unincorporated
King County North
and East
•City of Newcastle
north of SE 95th
Way
Project Location
•13.7 acre site
•Union Ave NE and
NE 27th Pl
•Existing SFR home to
be removed
•Abutting Sierra
Heights Elementary
•Transmission line
and Olympic Pipeline
Easement
Zoning and Land Use Designations
•Residential-4 (R-4)
Zoning
•Residential Low
Density (RLD) Land
Use Designation
•R-4 and R-6 zoning in
general vicinity
•R-4 zoning allows SFR
dwellings at a
maximum of 4 du/ac.
Limited Open Space (LOS)R-4 LOS
R-6
Site
Critical Areas
•Sensitive Slopes
throughout site
•High Erosion
Hazard Area
•Isolated
Protected Slope
greater than
40% with
vertical rise of
15-feet or more.
15% -25%
25%-40%
High Erosion Hazard
Protected Slope
Property Characteristics
•Two existing SFR
homes.
•LLA with Perkins
property
•Frontage along Union
Ave NE (minor
arterial)
•No frontage
improvements along
site.
•Topographic relief of
100-feet descending
south to north.
•1,024 trees total
trees w/ 847 qualified
as significant.
Union Ave NE looking south
Union Ave NE looking north
Grading
•Series of rockeries along
southern portion of property.
•Retaining walls along the
northern portion of property.
•Requested modification to exceed
6-foot retaining height limit
(highlighted).
•10-foot walls obscured from
public view. Recommend approval
of mod.
•Clearing/grading limited to
May –Sept.
•Geotech to certify all
rockeries and retaining walls.
•Onsite observation by
geotech during construction.
Streets and Utilities
•Road A and Road B full width
(53-ft) Residential Access
streets.
•Stubbed for future
connections west and north.
•Cul-de-sac for emergency
turnaround.
•Emergency secondary
access.
•Road A would align with NE 27th
Pl.
•Frontage improvements along
Union Ave NE.
•Requested Modification for
Modified Minor Arterial.
•Recommend approval as modified
section would resemble roadway
north of site.
•New 8-inch water main
within Road A connecting to
existing main in Union Ave
NE.
•New 8-inch sewer main
within Road A connecting to
existing main in Union Ave NE
and downstream lift station.
Stormwater
Detention Tank StormFilter
Detention Vault
Dispersion Trench
•Applicant would provide
flow control and water
quality for site.
•Stormwater would be picked
up in a series of catch basins
and conveyed to tank or
vault in NE corner of
property.
•Water quality via
StormFilter before
discharge into existing
system in Union Ave NE.
•Stormwater would
continue downstream
to May Creek north of
SE 95th Way.
•Upstream contributory
from school routed to
dispersion trench on Lot
10.
•Geotech to review and
approve due to retaining
wall and close proximity
to neighboring property.
Tree Retention
•1,024 total trees
•138 trees located in future ROW
•39 dangerous trees
•=847 Significant Trees that require a
minimum 30-percent retention or 254
trees.
•Proposed retention of 119 trees or
14 percent.
•Trees retained in Tracts B and E.
•Requested replacement planting
for remaining 135 trees would
require 1,620 caliper inches of new
tree planting.
Tree Replacement and Landscaping
•Majority of replacement trees located in
2:1 terraced slopes within Tract E.
•Recommended condition to increase
rockeries from 3.5’ to 6’ to decrease
slope.
•Recommended condition for 3rd party
review of proposed replacement planting.
•Any remaining caliper inches satisfied via
fee-in-lieu
•Street trees in planter strips along both sides of
Roads A and B and Union Ave NE frontage.
•10’ wide street frontage landscaping (trees,
shrubs, groundcover) on each lot.
•Minimum tree density of 2 trees per 5,000sf on
each lot.
•Landscaping screen around detention vault,
terraced walls, and 10’ walls on lots 12 and 13.
Critical Areas Variance
Protected Slope
•Isolated Protected Slope located near
intersection of Union Ave NE and NE 27th Pl.
•Approximately 66% and 20’ in height.
•Removing slope and replacing w/ two tiered
rockery on Perkins property would allow
alignment with existing intersection and new
street.
•Removal w/ rockery replacement can be
done safely per geotech and City third
party review.
•Slope is isolated and removal would not
destabilize hillside.
•Recommended condition that applicant
and Perkins property identify private
party maintenance responsibilities for
rockery.
Public Notice
•Applicant hosted
neighborhood meeting on
Dec. 5, 2017.
•Two (2) comment letters
received from neighboring
property owner (Diaz).
•Written responses and
meeting with staff.
•One (1) comment letter
(Donnelly) submitted to HEX
regarding tree replacement,
drainage, clearing, and
construction standards.
Environmental Review
•DNS-M issued on Sept. 17 w/ seven
mitigation measures.
•Applicant requested reconsideration
of one measure related to
reconstructing the full roadbed of
Union Ave NE.
•ERC issued revised DNS-M w/ eight
mitigation measures. No appeals
submitted.
•Clearing & Grading limited from May to Sept.
•Comply with all geotech reports and geotech shall
review and certify all construction drawings, on-
site observation, and review and certify all
rockeries/retaining walls.
•Union Ave NE restoration based on utility
trenching.
•Restoration of the haul route.
Staff Recommendation
Staff recommends
approval of the
Forest Terrace
Preliminary Plat,
Critical Areas
Variance, and two
modifications
subject to 22
conditions of
approval listed in
the staff report
ProposedRevisedCondition3Theapplicantshallremovetheexistingsingle-familyresidenceandanyoutbuildingslocatedonthesubjectpropertyat2611UnionAvenueNEconcurrentwithplatconstructionandpriortotheissuanceofthecivileonstructionpeffm-tfinalplatapproval.tc.9j’P:\18000s\18396\planning\RevisedHearingConditions.docx
ProposedRevisedCondition8TheapplicantshallsubmitrevisedgradingandlandscapeplanstobereviewedandapprovedbytheCurrcntPlanningProjectManagerthatincrcascsthcrockcryheightsbchindLots14through24fromthree(3)feetinheighttosi*-(6)feetinheightinanefforttoreducethesteepnessoftheterracestocondi1’suitablefortreeplantg-—detailedcrosssectionssheetsoftheproposedrockeriesshallbeprovidedwiththecivilplans.Additionally,therevisedlandscapeplansshallundergoindependentsecondaryreviewbyacertifiedarborist,fundedbytheapplicant,toensuretheproposedspacingandgradedconditionsaresuitablefortheproposedreplacementplanting.Therevisedplansshallincludedetailsofsplit-railfencingsurroundingthetracts,fencing,irrigation,andlongtermmaintenanceinstructionsforfuturehomeowners.Anyremainingcaliperinchesthatcannotbeprovidedon-siteshallbesatisfiedviapaymentofafee-in-lieupaymentintotheCity’sUrbanForestryProgram.Treereplacementand/orfee-in-lieupaymentshalloccurpriortofinalplatrecording./P:\18000s\18396\planning\RevisedHearingConditions.docx/
—‘TreesSolutionsncConsuIingAcharissProjectNo.IS-5487MemorandurnTO:KyleLublin,PulteGroupSITE:ForestTerrace2611UnionAveNERenton,WARE:PlantingonSlopesDATE:November12,2018PROJECTARBORIST:Hollylosso,ASCARegisteredConsultingArborist#567ISACertifiedArboristPN-6298A,ISAQualifiedTreeRiskAssessorInthismemo,Ihavebeenaskedtoaddressplantmaterialappropriateforplantingonaslopewith2:1grade.Nativevegetationroutinelygrowsonslopesofthisgradeinnaturalareas,andoftenincludesthefollowingspecies:bigleafmaple(Acermacrophyl/um),vinemaple(Acercircinatum),beakedhazelnut(Coryluscornuta),Oregonash(Fraxinuslatifolia),westernredcedar(Thujaplicata),Douglas-fir(Pseudotsugamenziesii),grandfirtAblesgrandis),shorepine(Pinuscontorta),whitepine(Pinusmonticola)andwesternhemlock(Tsugaheterophylla).Treesarerarelyamonoculture,andalsotypicallyincludesadeciduousshrubunderstoryincluding,oceansprayCHolodiscusdiscolor),mockorangefPhiladeiphuslewisli),Indianplum(Qemleriacerasiformis),andsnowberry(Symphoricarposa/bus).Slopesalsousuallyincludealowevergreenlayer:Oregongrape(MahoniaaquifoliumandM.nervosa)andswordfern(Polystichummunitum).Bothtreesandshrubsshouldbeplantedwhenrevegetatingaslope,whichwillhelpre-establishanaturalsystemandoutcompeteinvasiveplants.Whenplantingplantsonaslopeofthisgrade,plantsshouldbeassmallaspossible.Thesamelarge-caliperplantmaterialtypicallyplantedasspecimensinyardsorparkingstripswilllikelyhaveahighmortalityrateifplantedonslopes.Plantssizesshouldbeappropriateforrestoration-styleplanting.Plantingafewlargerspecimensthroughouttheareacanbeadvantageousaswell,toprovideafocalpointandshade,untilothervegetationgrowsin.Allvegetationtransplantedontoslopeswillrequiresupplementalirrigationuntilestablished.Largertreesrequirelongerestablishmentperiodsthansmallernurserystock.Allplantedmaterialonaslopeshouldbemulchedatthetimeofplantingtomaintainmoisture.Respectfullysubmitted,Hollylosso2940WestlakeAveN#200.Seattle,WA98109Phone206.528.4670/www.treesolutions.net
ProposedRevisedCondition15Theapplicantshallresubmitarevisedplatplanwiththecivilconstructionpermitapplicationthatidentifiesthecul-de-sacasapublicstreetdesignedpertheCity’sStreetStandards.TherevisedplatplanshallbereviewedandapprovedbytheCurrentPlanningProjectManagerpriortopermitissuance.Thecul-de-saconthewesternportionofthepropertyshallhaveaminimumpavedradiusoffortyfivefeet(45)witharicjhtof-wayradiusoffiftyfivefeet(55’)fortheturnaround(RMC4-6-060H.4).Thenorthsideofcul-de-sacbulbshallbedesicinedwithan8-footplanterstripand5footsidewalktotheendofthewesternpropertyline.Thesouthsideofthecul-de-sacbulbshallbedesignedwitha4.5footplanterstripand5footsidewalkaroundthebulb.P:\18000s\18396\planning\RevisedHearingConditions.docx
ProposedRevisedCondition15Theapplicantshallresubmitarevisedplatplanwiththecivilconstructionpermitapplicationthatidentifiesthecul-de-sacasapublicstreetdesignedpertheCity’sStreetStandards.TherevisedplatplanshallbereviewedandapprovedbytheCurrentPlanningProjectManagerpriortopermitissuance.Thecul-de-saconthewesternportionofthepropertyshallhaveaminimumpavedradiusoffortyfivefeet(45)witharicjhtof-wayradiusoffiftyfivefeet(55’)fortheturnaround(RMC4-6-060H.4).Thenorthsideofcul-de-sacbulbshallbedesicinedwithan8-footplanterstripand5footsidewalktotheendofthewesternpropertyline.Thesouthsideofthecul-de-sacbulbshallbedesignedwitha4.5footplanterstripand5footsidewalkaroundthebulb.P:\18000s\18396\planning\RevisedHearingConditions.docx
1-20’aoCULDESACEXHIBIT-ROADAOFFORESTTERRACEPLATAPOR11ONOFSEC11ON04,TOWNSHIP23N.,RANGE05E.,W.M.CtTfOFRENTON,KINGCOUNfl.WASHINGTONe3(TRACTCTRACTEROADACULDESACDETAIL
11.Theapplicantshallsubmitrevisedgradingplansthatremovesgradingactivitieswithinthedriplinesofthetrees.DuetothecloseproximityoftheproposedgradingwithinTractE,theapplicantshallretainacertifiedarboristorlicensedlandscapearchitecttomonitorconstructionactivitiesneartheretainedtreesandensuretheyareprotectedand/ortoprunebranchesandroots,fertilize,andwaterasappropriate.Monitoringandotherrequiredtreeprotectionmeasuresduringconstruction(RMC4-4-130H.9)shallbeincorporatedintothecivilconstructionpermitplanstobereviewedandapprovedbytheCurrentPlanningProjectManagerpriortopermitissuance.Revisedcondition#11DuetothecloseproximityoftheproposedgradingtoprotectedtreewithinTractE,theapplicantshallprepareanarboristmonitoringplanforallgradingactivitieswithinprotectedtreedriplines.Themonitoringplanshallbeimplementedbyathirdpartyarboristpaidforbytheapplicantandshallincludespecificationsforacceptablegradingnearprotectedtreesthatwouldnotimpactthelongtermhealthofthetrees.Theplanshallalsoincludeacontingencyplanwithmitigationshoulddamageoccurtoanyoftheprotectedtrees.ThethirdpartyarboristshallprovidespecialinspectionreportstotheCitytoensurecompliancewiththemonitoringplanduringsitegrading.Thearboristmonitoringplanandotherrequiredtreeprotectionmeasuresduringconstruction,includingbutnotlimitedtothoserequitedbyRMC4-4-130H.9,shallbeincorporatedintothecivilconstructionpermitplanstobereviewedandapprovedbytheCurrentPlanningProjectManagerpriortopermitissuance.(I