HomeMy WebLinkAboutD_Forest Terrace_Street Modification_20210318_finalDEPARTMENT OF COMMUNITY
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D_Forest Terrace_Street Modification_20210318_final
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: March 18, 2021
Project File Number: PR18-000081
Project Name: Forest Terrace - Street Modification
Land Use File Number: LUA21-000074, MOD
Project Manager: Michael Sippo, Civil Engineer III
Owner: Marion Ann Vandermay, 2611 Union Ave NE, Renton, WA 98059
Glenn and Janetta Perkins, 2623 Union Ave NE, Renton, WA 98059
Applicant: Ryan Kohlmann, Pulte Homes, 3535 Factoria Blvd SE #110, Bellevue, WA 98006
ryan.kohlmann@pultegroup.com
Contact: Same as Applicant
Project Location: 2611 and 2623 Union Ave NE / APNs 042305-9142 and -9114
Project Summary: The applicant, Pulte Homes of Washington, is requesting approval for a modification
to maintain the existing overhead utility lines along the Union Avenue NE.
Site Area: 13.69 acres
Union Avenue NE DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 2 of 8
D_Forest Terrace_Street Modification_20210318_final
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request and Justification
Exhibit 3: Hearing Examiner’s Decision for the Preliminary Plat (LUA18-000124)
Exhibit 4: Conditional Approval Decision for the Lot Line Adjustment (LUA18-000125)
C. PROJECT DESCRIPTION/BACKGROUND
Union Ave NE is classified as a 4-lane Minor Arterial Road with a modified road section approved under LUA18-
000124 that reduces the road standard to a 2-lane Minor arterial road. 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 Forest Terrace Preliminary Plat Hearing Examiner’s decision issued on December 18, 2018
conditioned the approval that all utilities designed to serve the subdivision shall be placed underground
(Condition 26). The Applicant did not request a reconsideration or appeal the Hearing Examiner’s decision.
Additionally, a lot line adjustment (LLA) for the 2623 parcel (LUA18 -000125), referred to as the Perkins Property
and Parcel B is conditionally approved and pending recording in order to alter the abutting lot’s property lines to
accommodate the proposed subdivision’s new public street alignment and frontage improvements on Union Ave
NE. LUA18-000125 is pending recording due to unsatisfied conditions on the plan case. Specifically, the
conditions state:
Condition 1: To avoid creating a landlocked property should the Forest Terrace Preliminary Plat not move
forward with construction of the subdivision, the City’s recording of the LLA plan with the
King County Recorder’s Office and the applicants official transfer of property shall not occur
until the construction permit associated with the Forest Terrace Preliminary Plat has been
issued and construction activities, determined by the Current Planning Project Manager,
have commenced.
Condition 2: A temporary access easement for Parcel B (Perkins property) granting irrevocable access
across Parcel A to connect to Union Ave NE shall be submitted for review and approval by
the Current Planning Project Manager prior to recording the easement with the King County
Recorder’s Office.
Condition 3: Lot Line Adjustments shall be non-evasive and consistent with the Principals of Acceptability
pursuant to RMC 4-7-060B therefore frontage, infrastructure, and utility improvements
along Parcel B’s existing Union Ave NE frontage that is associated with the Forest Terrace
Preliminary Plat application (LUA18-000124) shall be constructed.
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on March
1, 2021 and determined the application complete on March 3, 2021. The project complies with the 120-
day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the modification
request (Exhibit 2)
3. The project site is located 2611 and 2623 Union Ave NE / APNs 042305-9142 and -9114.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 3 of 8
D_Forest Terrace_Street Modification_20210318_final
4. The project site is currently developed with a single-family residential dwelling that would be removed.
The neighboring Perkins property at 2623 Union Ave NE is also developed with a single-family residential
dwelling. Access to the site would be provided via a new residential access street connecting to Union
Ave NE that would align with the existing intersection at NE 27th Pl.
5. The property is located within the Residential Low Density (LD) Comprehensive Plan land use
designation.
6. The site is located within the Residential-4 (R-4) zoning classification.
7. The applicant is proposing to begin construction in Spring 2021. Plat infrastructure is expected to take
four (4) to six (6) months to complete followed by 12 to 24 months to construct the homes.
8. Modification Analysis: The applicant is requesting an Administrative Modification from the
undergrounding requirements within RMC 4-6-090C.2, Utility Lines – Underground Installation, along
Union Avenue, a 2-lane Minor Arterial Road. The proposal is not compliant with the following
modification criteria, pursuant to RMC 4-9-250. Therefore, staff is recommending denial of the requested
modification.
Compliance Modification Criteria and Analysis
Does Not
Comply
a. 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.
Applicant’s Request: The Applicant states in the modification request: “New private
utilities will be installed underground within the interior of the newly developed
property. Leaving the existing overhead utilities in place does not alter land uses or the
Community Design. Nearly all of Union Avenue from SR 900 to the north end of the site
has these overhead utilities in place.”
Staff Comment: The Comprehensive Plan’s Land Use Element Policy L-54 is to “Protect
public scenic views and public view corridors, including Renton’s physical, visual and
perceptual linkages to Lake Washington and the Cedar River.”
Staff does not concur with the Applicant’s assertion that the proposed modification
implements the policy direction of the Comprehensive Plan as the minimum adjustment
necessary. Community design aspects of the Comprehensive Plan address walkable
neighborhoods, safety, and shared uses. The intent of the policies are 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. Keeping
the existing overhead utilities in place will result in the poles and utility lines remaining
directly over the required 8’ wide landscaping strip and will likely reduce the planting of
street trees and placement of street and pedestrian lights resulting in a lack of
pedestrian, aesthetic and safety features along the street frontage of the plat. Due to
the limitations described above Staff does not concur that the requested street
modification is consistent with these policy guidelines.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 4 of 8
D_Forest Terrace_Street Modification_20210318_final
Does Not
Comply
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Applicant’s Request: The Applicant states in the modification request: “Leaving the
existing overhead utilities in place will actually increase the safety of services provided
by these utilities. As noted below, where poles are being relocated, existing deficiencies
with existing services can be resolved. PSE has concerns with being able to safely
provide service to existing and new customers if the utilities are relocated
underground. As noted above, leaving existing overhead utilities in place will not alter
the appearance along the frontage of Union Avenue.”
Staff Comment: Staff disagrees that the modification achieves these standards as
follows:
• Safety: The fiber optic and overhead lines will prohibit installation of required street
lighting along the Union Ave frontage reducing pedestrian and vehicular safety.
Additionally, the existing poles are non-breakaway structures and in the developed
condition would be placed in the planter strip between the sidewalk and vehicular
lane of travel. While the proposed curb will provide a slight safety increase from
the existing condition between the lane of travel, the non-conforming structures
will still be located within the collision zone.
• Function: The proposed modification keeps the existing overhead utilities in place
which maintains an increased chance that services will be interrupted in the Forest
Terrace subdivision by typical means (i.e. falling trees and limbs, wind, ice, etc.) in
direct conflict with Condition #26 of the Hearing Examiner’s decision (Exhibit 3).
• Appearance and Environmental Protection: Leaving the overhead utilities in place
will create and unsightly visual barrier between the existing road and new
subdivision. The existing subdivision to the east was constructed in 2002 and does
not contain any overhead utilities across its frontage. During heavy storm events,
falling trees and limbs, wind, ice, etc. can impact the overhead power lines
potentially resulting in fires, property, and loss of life.
• Maintainability: Puget Sound Energy (PSE) did not provide any information with the
modification request concurring with or noting any safety or maintenance concerns.
The proposed modification does not meet the objectives of function and maintainability
intended by the code requirements. Furthermore, City staff has reviewed the
modification request and have offered to the Applicant multiple engineering and
planning solutions that exist to mitigate the concerns of the Applicant (see Section ‘d’
for example of solutions offered) and by leaving the existing overhead utilities in place
creates an overall detriment to the public.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 5 of 8
D_Forest Terrace_Street Modification_20210318_final
Does Not
Comply
c. Will not create substantial adverse impacts to other property(ies) in the vicinity.
Applicant’s Request: The Applicant states in the modification request: “Leaving
overhead utilities in place will not create adverse impacts to other properties. In fact,
attempting to place the utilities underground could create safety issues with service to
existing users as well as new users. Additionally, the project will place conduit in an
easement along the frontage we own in the event placing the utilities safely
underground is a possibility in the future.”
Staff Comment: PSE did not provide any information with the modification request
concurring with or noting any safety or maintenance concerns. This request does not
quantify what hazard scenarios exist or if there were other mitigation scenarios taken
into account. Assuming there is an explosion hazard by placing the transformer on Lot
25 due to Applicant’s assumed property constraints along the frontage of the 2623
property, City Code does allow for the future home to be sited further away from the
transformer and deeper within the lot. And, given that Lot 25 has a depth of
approximately 280 feet along with a required front yard setback that is 30 feet already,
it is staff opinion that Lot 25 in particular is able to accommodate an additional front
yard setbacks required to site the utility vaults.
Does Not
Comply
d. Conforms to the intent and purpose of the Code.
Staff Comment: Per sections ‘b’ and ‘c’ above, the modification request does not
demonstrate that keeping the overhead utilities in place conforms to the intent of the
code. Specifically, RMC 4-9-250A.3 Modifications states that: “To modify a code
requirement when there are practical difficulties involved in carrying out the provisions
of this Title when a special individual reason makes the strict letter of this Code
impractical (emphasis added)”.
The Applicant asserts that they do not have ownership and only limited control over the
existing 2623 (Perkins) property, however the Perkins property owners were party to
the preliminary plat application. As noted in the Hearing Examiner’s decision LUA18-
000124, a lot line adjustment was approved (Exhibit 4) prior to the public hearing to
alter the abutting lot’s property lines to accommodate the proposed subdivision’s new
public street alignment and frontage improvements on Union Ave NE. RMC 4-7-060B.4
Detailed Procedures for Lot Line Adjustments, Non-Evasive states:
“Lot line adjustments shall not serve to eliminate or circumvent any state or local
requirements, including but not limited to frontage improvements, payment of fee-in-
lieu, payment of latecomer fees or the installation of required infrastructure.
a. Assessment of fees, right-of-way dedication and frontage improvements for the
entire length of the property line(s) bordering rights-of-way may be required as a
condition of approval for a lot line adjustment.
b. Lots, parcels or tracts that are increased in area by lot line adjustments shall not
be permitted to be subdivided for five (5) years following the date upon which the
lot line adjustment is recorded or three (3) years following the approval of a lot
line adjustment, whichever is longer, unless the following is met:
i. The subdivision application includes all lots, parcels and tracts involved in
the lot line adjustment in the overall subdivision; or
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 6 of 8
D_Forest Terrace_Street Modification_20210318_final
ii. All required infrastructure, including but not limited to frontage
improvements, required infrastructure and utility lines are constructed along
the frontage of all lots included in the lot line adjustment. (emphasis added)
(Ord. 5728, 10-20-2014)”
The lot line adjustment was contemplated and reviewed concurrently with the
Subdivision and then conditionally approved prior to the decision. Since the subdivision
is predicated on the fulfillment of the lot line adjustment, loss of ability to install
required infrastructure along the project’s frontage does not meet the non-evasive
provision of RMC 4-7-060.
Additionally, City staff has reviewed the modification request and determined that
multiple engineering and planning solutions exist to mitigate the safety and practicality
concerns presented by the Applicant. Currently, due to limited space within the right-
of-way for installation of new utility corridors and the presence of a Seattle Public
Utilities (SPU) water main in the road prism, it was necessary to route the upstream
bypass storm drainage underneath the proposed sidewalk. After further review, the
storm drainage can be routed to the east flow line of Union Ave NE utilizing a similar
mechanism of sweeping pipe extending from an existing catch basin located directly
above the SPU water main. By routing the storm drainage to the east, the corridor
beneath the proposed sidewalk becomes available for underground installation of the
overhead lines. By siting the overhead lines in this location, it creates a cascading effect
on the feasibility scope. This would eliminate the concern of placing overhead utilities
on the Perkins property behind the sidewalk and any entitlement issues between the
Applicant and the property owner. By siting the transformers and above ground
appurtenances on the frontage of lot 25 behind the sidewalk, the aerial trespass can be
removed and the services to the homes and subdivision to the east can be maintained.
Another concern presented by the applicant was the fiber optic cables located on the
overhead poles. It is standard procedure to splice and restore fiber optic connection
along project frontages.
As noted above, since practical engineering solutions exist, City staff does not concur
that the modification request conforms to the intent and purpose of the Code.
Does Not
Comply
e. Can be shown to be justified and required for the use and situation intended.
Applicant’s Request: “The physical constraints and safety concerns identified above as
well as below characterize the practical difficulties in conforming to the letter of the
Code. By providing the conduit within easements to allow for safely undergrounding in
the future when possible implements the policies, objectives, and intent of the code.”
Staff Comment: Staff does not concur that the modification is justified as the land-use
applications (LUA18-000124 and LUA18-000125) are predicated on the undergrounding
installation requirements and that practical solutions are available to meet the code
requirements. The Applicant did not request a reconsideration or appeal the Hearing
Examiner’s decision or of the conditional approval of the lot line adjustment.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 7 of 8
D_Forest Terrace_Street Modification_20210318_final
E. DECISION:
The proposal satisfies 0 of the 5 criteria listed in RMC 4-9-250D.2 for the requested modification. Therefore, the
street modifications for the Forest Terrace Project located at 2611 & 2623 Union Avenue NE, Renton, WA
98056, Project Number LUA21-000074, MOD is denied.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Vanessa Dolbee, Planning Director Date
TRANSMITTED on March 18, 2021 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Marion Ann Vandermay
2611 Union Ave NE
Renton, WA 98059
Glenn and Janetta Perkins
2623 Union Ave NE
Renton, WA 98059
Ryan Kohlmann
Pulte Homes
3535 Factoria Blvd SE #110
Bellevue, WA 98006
ryan.kohlmann@pultegroup.com
Same as Applicant
TRANSMITTED on March 18, 2021 to the following:
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
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: Any appeals of the administrative decision must be filed with the City Clerk, along with the required
appeal fee, by 5:00 pm, April 1, 2021. 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.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177
3/18/2021 | 4:37 PM PDT
City of Renton Department of Community & Economic Development
Forest Terrace - Street Modification
Administrative Modification Report & Decision
LUA21-000074, MODMOD
Report of March 18, 2021 Page 8 of 8
D_Forest Terrace_Street Modification_20210318_final
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.
DocuSign Envelope ID: A1D5BA71-B690-4261-BF61-960B08809177