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HomeMy WebLinkAboutD_Revised Reconsideration Decision_Jones SP_210318_v3_FINAL March 18, 2021 Wei Yang Highland Advisory 6513 132nd Ave NE Suite 147 Kirkland, WA 98033 Subject: Reconsideration Request Decision - REVISED Jones Renton Short Plat, LUA20-000237, SHPL-A Dear Mr. Yang: We received your original request for reconsideration of the Short Plat decision on February 17, 2021. Your original request for reconsideration requested that we review five (5) conditions of approval including 3, 5, 7, 9, and 11 as identified in the short plat decision. The City issued a response to the reconsideration request on March 5th, 2021 (attached). On March 18th, 2021, we received your request to revise the reconsideration decision based on an updated proposal provided via email (attached). Your request to revise the original reconsideration decision includes asks to strike Condition #3 as it was amended in the original reconsideration response provided by the City. You state that the intent of the request is to allow an east-west orientation of future Lot 5, as well as to protect the landmark trees located on the southern ‘flag’ portion of the lot by shifting the buildable area on the lot to the north away from the trees. To achieve the orientation, you have proposed shifting both the driveway tract and Road A to the west in order to increase the depth of future Lot 5 to 91 feet . In order to protect the trees on the site, you have proposed establishing a Tree Protection Tract on a portion of the site south of Lot 5. Reconsideration Condition 3 - Future Lot 5 shall retain a 61-foot front yard setback from the south property line of proposed Lot 4 to ensure a consistent development pattern and setback from the roadway when the lot to the south (APN 3342103250) redevelops. This setback requirement shall be recorded on the face of the plat. Alternatively, the applicant shall redesign the short plat to extend Road A to the east property line for a minimum of 80% of the lot width as required by RMC 4 -7-170 in order to allow for a future connection to the parcel to the east and bringing Lot 5 into conformance with lot width, depth, and orientation standa rds of the R-6 zone. Analysis: In your request for revision of Condition #3 of the reconsideration decision, you identify an alternative plat design where Lot 5 would comply with all lot dimensional standards for the R -6 zone. You state that by increasing the depth of the lot to allow for an east-west orientation, the future home can be sited in manner that would allow preservation of the various landmark trees present at the south-east corner of the site via the establishment of a Tree Protection Tract. Staff concurs with your justification for orienting Lot 5 from east to west and would consider the perpetual preservation of the landmark trees an acceptable alternative to ensuring connectivity via a future road extension. In order provide the applicant with additional flexibility with respect to the orientation of future Lot 5, as well as to ensure that Lot 5 complies with the R-6 development standards regardless of the eventual orientation, staff amending the language in Condition #3 as written in the original reconsideration decision to include an additional alternative. The additional alternative would require the applicant to submit an updated short plat design that increases the depth of Lot 5 to ensure the lot complies with all dimensional standards for the R-6 zone (width, depth, size). In addition, the applicant would be required to establish a Tree Protection for trees at the southern corner of Lot 5. The boundaries of the Tree Protection Tract would be reviewed and approved by the Current Planning Project Manager at the time of Construction Permit Application review. Decision: Therefore, the request to amend the original reconsideration request to amend Condition #3 for the Jones Short Plat, LUA20-000237, is partially approved. Condition #3 as shown in the short plat decision shall be amended as written below: Condition 3: Future Lot 5 shall retain a 61-foot front yard setback from the south property line of proposed Lot 4 to ensure compliance with lot width, depth, and orientation requirements and maintain a code compliant setback from the roadway if extended. Alternatively, the applicant shall redesign the short plat to extend Road A to the east property line for a minimum of 80% of the lot width as required by RMC 4-7-170 in order to allow for a future connection to the parcel to the east and bringing Lot 5 into conformance with lot width, depth, and orientation standards of the R-6 zone. A third alternative is for the applicant to redesign the short plat to increase the depth of the lot to a minimum of 90 feet in order to ensure compliance with all lot dimensional requirements for the R-6 zone (depth, width, size). In conjunction with the lot depth increase, the applicant shall establish a Tree Protection Tract to include trees 81 to 98 as identified in the submitted Arborist Report (Exhibit 8). The final boundaries of the Tree Protection Tract shall be identified on an updated Short Plat Map at the time of Civil Construction Permit application for review and approval by the Current Planning Project Manager. Excluding Condition #3, all conditions in the original Short Plat decision or as amended in the original reconsideration decision shall remain in effect. If you have questions, please contact the Current Planning Project Manager, Alex Morganroth, at amorganroth@rentonwa.gov or (425) 430-7219. Sincerely, Vanessa Dolbee Planning Director cc: C.E. “Chip” Vincent, CED Administrator Matt Herrera, Interim Current Planning Manager Owner, Alan Jones Contact, Mick Matheson File No. LUA21-000237 March 4, 2021 Mick Matheson Core Design Inc. 12100 NE 195th St, Suite 300 Bothell, WA 98011 Subject: Reconsideration Request Decision Jones Renton Short Plat, LUA20-000237, SHPL-A Dear Mr. Matheson: We received your timely request for reconsideration of the Short Plat decision. Your request for reconsideration asked that we review five (5) conditions of approval including 3, 5, 7, 9, and 11 as identified in the short plat decision. Condition 3 - Future Lot 5 shall retain a 61-foot front yard setback from the south property line of proposed Lot 4 to ensure a consistent development pattern and setback from the roadway when the lot to the south (APN 3342103250) redevelops. This setback requirement shall be recorded on the face of the plat. Analysis: In the justification for your request, you state the City’s only reason for the condition is to ensure a consistent development pattern in the area. While consistency of development patterns is an important factor, the condition was intended to ensure the lot met the development standards of the zone as it relates to lot width, depth, and orientation. Pursuant to the City’s definition of Yards and defined definition of Lot Depth measurement, the strict application of the code would render Lot 5 non-compliant. As currently designed the front yard of Lot 5 would face west towards Road A, therefore the measurement of lot depth would be from west to east, resulting in a lot dept of 69 feet. The R-6 development standards require a lot depth of 90 feet, rendering the lot non -compliant. The extension of the road to the properties east boundary would bring this lot closer to con formance with the development standards of the R-6 zone. As noted in the staff report, the City believes the extension of Road A to the east is unlikely in the near term; however a road extension may be necessary in the medium or long term should the site to the east redevelop. Per RMC 4 -7-150.E, stub streets shall be required within subdivisions to allow future connectivity. Based on all these factors, in lieu of requiring a road extension or elimination of Lot 5 due to it lot orientation, staff proposed a setback requirement that would accomplish the intent of the code and allow for the reasonable development of Lot 5. The setback conditions accomplishes the following as it applies to code; first the conditioned setback allows for the lot orientation to be north to south , this allows lot depth measurement to be north to south, which would bring the lot into compliance with the lot depth standards. Furthermore, the setback preserves the opportunity for a road extension in the medium to long term by ensuring that a home is not built in the location of a potential road extension. Therefore, staff supports amending the condition to provide an alternative to the setback requirement. The alternative would require Road A to be extended to the east property line in order to allow for a future connection to the parcel to the east. In addition to providing connectivity as required by code, the extension of the road would ensure that proposed Lot 5 would meet the lot width, depth and orientation requirements as identified above. Condition 5 - The applicant shall submit an updated tree retention plan that includes the retention of at least eleven (11) existing trees. A minimum of eight (8) trees shall be non-invasive species. A final tree retention plan shall be submitted at the time of Civil Construction Permit review for review and approval by the Current Planning Project Manager. Analysis: In the justification for your request, you state that the subject condition limits the flexibility of the applicant and City with respect to final tree retention and replacement. The intent of the condition was to ensure the applicant understood the retention regulations with respect to priority and replacement rates, as the applicant’s arborist report did not explicitly address the feasibility of retaining the required 30%. Due to the fact that report did not address the feasibility of retaining 30% of the trees as required by code or the priority order for retention, staff elected to add a condition to the short plat requiring the retention of 11 trees (i.e. 30% of significant trees), eight (8) of which would be non-invasive (i.e. low priority). Therefore, staff supports striking the specific number of trees in the condition and requiring the applicant to submit an updated arborist report and final retention plan that addresses all the criteria of RMC 4.4.130, including but not limited to feasibility of a 30% retention rate as well as the priority order for retention. The updated report and plan s hall be submitted at the time of Civil Construction Permit application for review and approval by the Current Planning Project Manager. Please note that secondary review may be required pursuant to RMC 4-4-130.E.2 if the updated arborist report finds that 30% of significant trees cannot be retained. Condition 7 - Lots 1, 2, 3, and 4 shall be required to take access from Road B as shown on the submitted Short Plat Plan (Exhibit 3). Access shall be taken from proposed Road B regardless of whether a driveway tract or alley is ultimately utilized. The applicant shall record this restriction on the face of the plat. Analysis: In the justification for your request, you state that additional driveways off of Road A would not create an unusual or dangerous risk of vehicular/pedestrian conflict. While curb cuts on public roads are not unusual, they should be limited to reduce the number of opportunities for conflicts between pedestrians and vehicles. The presence of a driveway curb cut along a relatively short section of street frontage will increase the danger for pedestrians utilizing the sidewalk along the north side of proposed Road A and is unnecessary due to the planned driveway tract which also can be used for access. Restricting curb cuts on Park Ave N, a Collector Arterial, is also important due to the heavy traffic volumes and high travel speeds. Limiting curb cuts to the driveway tract (Tract B) will allow pedestrians to walk or bike on the sidewalk to Park Ave N and then off the site without the risk of encountering a vehicle backing out of a driveway. Utilizing sound engineering judgment, it is clear that each new driveway crossing over a sidewalk increases risks to pedestrians and especially school age students. Using the proposed driveway tract, one consolidated location, for access will minimize the opportunity for pedestrian and vehicular conflicts, avoid impacting the sidewalk and landscape strip, and will provide for an overall safer pedestrian environment for the neighborhood. In order to provide some flexibility to the applicant, staff supports allowing an alternative access option for lots 2 and 3 via the 10-foot access easement on the north side of the site, as it would not increase the overall number of curb cuts on the site. Lastly, as it relates the analysis for Condition 9 below, staff supports striking the second sentence of Condition 7, “Access shall be taken from proposed Road B regardless of whether a driveway tract or alley is ultimately utilized.”. Condition 9* - The applicant shall incorporate an alley in-lieu of the proposed driveway tract that provides a connection between future Road A and the access easement on north side of the site, as shown on Exhibit 2. Alternatively, the applicant may propose an alternativ e method of access that allows for adequate emergency access and rear-loading of Lots 1, 2, 3, and 4. The final design of the alley or proposed alternative shall be subject to review and approval by the Current Planning Project Manager at the time of Civil Construction Permit application. *Incorrectly referred to as “Condition #11” in the applicant’s reconsideration request. Analysis: Although staff disagrees with the applicant’s justification for striking this condition, staff supports striking the condition, as the City’s objective of ensuring a safe pedestrian environment and providing for emergency access can be obtained by applying condition of approval #7 as amended below. Condition 11* - The applicant shall record a public access easement over the entire open space tract (Tract B) prior to recording of the final short plat. The final easement language shall be reviewed and approved by the Current Planning Project Manager. Analysis: In the justification for your request, you equate the provision of a public access easement on Tract A as a cessation of private property rights. The intent of the condition was to preserve the ability for future single-family development to the south to utilize the new public street for access. In order to preserve the private property rights of the future homeowners, staff supports allowing the applicant to propose narrower easement language that would only allow for the installation of both driveway and utilities for development on the lot to the south. In addition, the language should allow the future HOA to sell the land to the property owner to the south for future development. The updated language would allow the future HOA to retain the property and provide limited access for driveways and utilities or to sell the tract for future development to the south. The language should specify that the use or sale of the tract would only occur upon development of the adjacent site to the south. The update language would be subject to review and approval by the Current P lanning Project Manager at the time of Civil Construction Permit Application. *Incorrectly referred to as “Condition #9” in the applicant’s reconsideration request. Decision: Therefore, the reconsideration request to amend the conditions for the Jones Short Plat, LUA20-000237, is partially approved. The original conditions shall be amended as written below: Condition 3: Future Lot 5 shall retain a 61-foot front yard setback from the south property line of proposed Lot 4 to ensure compliance with lot width, depth, and orientation requirements and maintain a code compliant setback from the roadway if extended,. Alternatively, the applicant shall redesign the short plat to extend Road A to the east property line for a minimum of 80% of the lot width as required by RMC 4-7-170 in order to allow for a future connection to the parcel to the east and bringing Lot 5 into conformance with lot width, depth, and orientation standards of the R-6 zone. Condition 5: The applicant shall submit an updated arborist report and final retention plan that addresses all criteria in RMC 4.4.130, including but not limited to the feasibility of retaining 30% of significant trees and the priority order for retention. The updated arboris t report and tree retention plan shall be submitted at the time of Civil Construction Permit application for review and approval by the Current Planning Project Manager. Condition 7: Lots 1, 2, 3, and 4 shall be required to take access from Tract B as shown on the submitted Short Plat Plan (Exhibit 3). Alternatively, lots 2 and 3 may utilize the 10-foot wide access easement on the north side of the site if the applicant provides documentation of the requisite easement rights. The applicant shall record this restriction on the face of the plat. Condition 9: Condition removed. Condition 11: In order to ensure that parcel number 3342103250 located directly south of Tract B, retains the ability to access the public street (Road A), upon future development, the applicant shall record a public access easement over the entire tract (Tract B) prior to recording of the final short plat, or the applicant may propose easement language allowing for the installation of both driveways and utilities as approved by the City should the property to the south develop or subdivide. In addition, the easement language could allow the future HOA to sell the tract to the property owner to the south for future development. The proposed language shall specify that the use or sale of the tract shall only be permitted upon development or subdivision of the adjacent site to the south (APN 3342103250). The update language shall be submitted at the time of Civil Construction Permit application for review and approval by the Current Planning Project Manager. Sincerely, Vanessa Dolbee Planning Director cc: C.E. “Chip” Vincent, CED Administrator Matt Herrera, Interim Current Planning Manager Alex Morganroth, Senior Planner Owner, Alan Jones Applicant, Wei Yang File No. LUA20-000237 From: Wei Yang <wyang@highland-advisory.com> Sent: Wednesday, March 17, 2021 9:41 PM To: Alex Morganroth Cc: Bob Nix; Mick Matheson; Joshua Beard; Alan Jones Subject: Re: Reconsideration for Jones Renton Short Plat, LUA20-000237, SHPL-A Attachments: Site Plan-2021-03-08.pdf; Tree retention-2021-03-09.pdf Hello Alex, I am writing this email to request to revise the reconsideration decision for Jones Short Plat, LUA20-000237, SHPL-A. We have revised our site plan and landscape plan (see attached) to orient the house on Lot 5 to the west. We have also shifted the access roads to the west to allow Lot 5 to meet the 90’ depth. By doing this, more landmark/significant trees can be saved, and we will put these trees in a separate tree tract as marked on the landscape plan to save these trees in perpetuity. With the revision mentioned above, we would like to request Condition #3 being removed from the reconsideration decision. Thank you, Wei Wei Yang President / Principal Consultant Highland Advisory LLC Cell (206)890-4202 wyang@highland-advisory.com On Tue, Mar 16, 2021 at 7:24 PM Alex Morganroth <AMorganroth@rentonwa.gov> wrote: Hi Wei and team, After discussion with our director, we may be able to support your proposal if it results in additional trees being protected. However, we need to do a little more legwork tomorrow to determine how/if we can do so (i.e. reissuance of reconsideration, modification of approved short plat, etc). If we allow the home on Lot 5 to be oriented to the west, would you consider placing the southern portion the lot in a tree tract so the trees identified by Bob in the site plan are protected in perpetuity? CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 10' ACCESS EASEMENT17,172± SFTRACT BOPEN SPACE2,160± SF510,853± SF48,903± SF38,525± SF28,146± SFROW11,860± SFPARK AVE NN 31ST STXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX3/9/2021 1:03 PMJ:\2020\20081\PLANNING\EXHIBITS\SITE PLANS\APPEAL LAYOUT\15.NEIGHBORHOOD DETAIL MAP.DWG IN COMPLIANCE WITH CITY OF RENTON STANDARDSDESIGN12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877CIVIL ENGINEERINGLANDSCAPE ARCHITECTUREPLANNINGSURVEYINGJONES RENTON SHORT PLATJONES RENTON SHORT PLAT JONES RENTON SHORT PLAT 3102 PARK AVE N, RENTON, WA 9805613TREE RETENTION PLANTREE RETENTION WORKSHEETTREE LEGENDTREES TO BE REMOVED- EXCLUDED(SIGNIFICANT AND LANDMARK)TREES TO BE REMOVED- SIGNIFICANTTREES TO BE REMOVED- LANDMARKTREES TO BE RETAINED- SIGNIFICANTTREES TO BE RETAINED- LANDMARKTOTAL NUMBER OF SIGNIFICANT TREES ON SITE :92TOTAL NUMBER OF EXCLUDED SIGNIFICANT TREES :56TOTAL DEAD, DISEASED OR HAZARDOUS TREES :6TOTAL TREES IN PROPOSED ROADS, R.O.W. AND UTILITIES50TOTAL NUMBER OF SIGNIFICANT TREES :36(92 TREES ON SITE - 56 EXCLUDED SIGNIFICANT TREES)TOTAL NUMBER OF REQUIRED SIGNIFICANT TREES TO BE RETAINED:11(36 X .03 = 30% RETAINED TREES)TOTAL NUMBER OF PROVIDED SIGNIFICANT TREES TO BE RETAINED:13TOTAL NUMBER OF REPLACEMENT TREES REQUIRED:0SIGNIFICANT TREE TO BE REMOVED (TYP.)LANDMARK TREE TO BE REMOVED (TYP.)EXCLUDED SIGNIFICANT TREE TO BE REMOVED (TYP.)SIGNIFICANT TREE TO BE RETAINED (TYP.)LANDMARK TREE TO BE RETAINED (TYP.)*NOTE*1. DEAD, DISEASED OR HAZARDOUS TREES ARE NOT SHOWN ON THIS PLAN.TREE TABLETREE RETENTION PLANL1.0109/04/202011 PARK AVE NN 31ST ST TRACT B ROAD AROAD BIN COMPLIANCE WITH CITY OF RENTON STANDARDS DE SI GN 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING JONES RENTON SHORT PLAT JONES RENTON SHORT PLATJONES RENTON SHORT PLAT3102 PARK AVE N, RENTON, WA 98056 13 SITE PLAN SEE LEFT 4