HomeMy WebLinkAboutEx24_Open_Space_Modification_Justification
Western Washington Division Eastern Washington Division
165 NE Juniper St., Ste 201, Issaquah, WA 98027 407 Swiftwater Blvd., Cle Elum, WA 98922
Phone: (425) 392-0250 Phone: (509) 674-7433
www.EncompassES.net
Justification for the Modification Request
Please provide a written justification for the modification request. The burden of proof as to the
appropriateness of the application lies with the applicant. Whenever there are practical difficulties
involved in carrying out the provisions of this Title, the Department Administrator may grant
modifications for individual cases provided he/she shall first find that a specific reason makes the
strict letter of this Code impractical, that the intent and purpose of the governing land use designation
of the Comprehensive Plan is met and that the modification is in conformity with the intent and
purpose of this Code, and that such modification.
Please submit a written statement addressing and justifying how the modification request
complies with each of the following issues to be considered by the Administrator:
Response: Renton Municipal Code Section 4-2-115(E)(2) provides the applicable standards related to the
open space requirements for developments with the following Guideline as preface:
“All open space shall be designed to preserve existing trees particularly native conifers, native
deciduous trees, and other native vegetation consistent with RMC 4-4-070 Landscaping…”
Specific requirements for developments of four (4) or more units follow in table format, with Requirement
8 stating:
“Common space areas shall have a maximum slope of five percent (5%).”
At the project site, Tract D contains the steep slope buffer for the steep slope contained in Tract F Native
Growth Protection Easement. Tract D is located between Tract F and the developed portion of the site. In
its existing condition, the majority of Tract D has a slope of 5% or less, a small area around the significant
trees proposed to retain gently slopes to a grade of approximately 7% at its steepest point. Regrading the
slope buffer area to less than 5% slope would require removing existing trees within Tract D, which include
a 32-inch Douglas Fir and several Big Leaf Maple trees (Trees #35, 37, 30, c7, c6, & c5). Some grading is
proposed around the retained trees, within driplines but this grading will be done under the supervision of
a certified and qualified arborist to ensure trees remain protected. It is therefore not possible to both
preserve existing significant trees along the top of slope and to also provide a maximum 5% slope, as
instructed in the code sections above.
The proposed alternative is to allow the existing grade in Tract D, preserving the natural topography and
existing native trees.
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;
Response: The proposal implements the policy direction of the Comprehensive Plan Land Use Element and
the Community Design Element and is the minimum adjustment necessary to implement these policies and
objectives. Specifically, the proposal is consistent with the following policies and objectives:
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Modification Request: 5% Slopes in Common Areas
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Policy L-2: Support compact urban development to improve health outcomes, support transit use,
maximize land use efficiency, and maximize public investment in infrastructure and services.
Policy L-3: Encourage infill development of single-family units as a means to support growth
targets and provide new housing.
Policy L-16 Residential High Density- Designate land for RHD where access, topography and
adjacent land uses create conditions appropriate for a variety of housing unit types, or where there
is existing multifamily development. RHD unit types are designed to incorporate features from
both single family and multifamily developments, support cost-efficient housing, facilitate infill
development, have close access to transit service, and efficiently use urban services and
infrastructure. Land designated RHD is where projects will be compatible with existing uses and
where infrastructure is adequate to handle impacts from higher density uses.
· Residential Multi-Family Zone: Zone lands RMF where there is existing multifamily
development of one-acre or greater in size. Expanded RMF zoning should only be where
access is from a street classified as a Principal arterial, Minor arterial or Collector, and
where existing multi-family is abutting at least two property sides. RMF zoning
implements the RHD land use designation.
Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring
appropriate construction techniques and resource practices, such as low impact development.
Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine hazards should
be designed to prevent property damage and environmental degradation before, during, and after
construction.
Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural slopes and
scenic areas that contribute to the City’s identity, preserve property values, and visually define the
community and neighborhoods.
Policy L-56: Complement the built environment with landscaping using native, naturalized, and
ornamental plantings that are appropriate for the situation and circumstance and provide for
respite, recreation, and sun/shade.
In summary, the proposal implements the aforementioned policies by being located in an area that already
consists of multi-family residences (L-2, -3, -16), minimizing grading and therefore erosion and
sedimentation in steep slope buffer (L-28), designing Tract D to prevent degradation of the steep slope
buffer area (L-36), preserving natural landforms and vegetation (L-55), and providing native plantings for
sun/shade in a recreation area (L-56).
b. Will meet the objectives and safety, function, appearance, environmental protection
and maintainability intended by the Code requirements, based upon sound
engineering judgment;
Response: The proposed alternative meets the safety, function, appearance, environmental protection
and maintainability intended by the Code in the following ways:
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Safety:
The west half of the project site is mapped as High Erosion Hazard, as described on page 5 of the
Revised Geotechnical Engineering Report, prepared by The Riley Group, dated September 2,
2020. Maintaining the current grade as proposed, in the western portion of Tract D reduces
potential slope buffer impacts.
Function:
The proposed recreation amenities are unaffected by maintaining the current grade. The
preservation of the existing trees provides for natural shade, and a positive aesthetic experience
for users.
Appearance:
The proposal maintains the visual interruption between the proposed homes and Interstate 405,
as well as maintaining the current foliage for users of the recreation space.
Environmental Protection:
The proposal maintains and protects the slope buffer in its existing condition and its existing
native vegetation, including several big leaf maple trees and a Douglas fir tree.
Maintainability:
Tract D is accessed by and located at the end of the unit lot driveway serving the proposed
development making for easy maintenance access.
c. Will not be injurious to other property(ies) in the vicinity;
Response: The subject project is abutted to the north and south by existing townhome/multifamily
projects with areas of natural slope and vegetation consistent with the steep slope and buffer area on
the project site. Downslope to the west are a Puget Sound Energy parcel and Interstate 405, which run
parallel to one another. The proposed deviation is not injurious to any of the properties within the
vicinity. The proposed modification reduces the potential for construction impacts in steep slope areas
along the mutual property lines.
d. Conforms to the intent and purpose of the Code;
Response: The intent and purpose of the Code (4-2-115 Residential Design and Open Space Standards) is:
These Residential Design and Open Space Standards are conceived to implement policies
established in the Land Use Element of the Comprehensive Plan, enhance quality of life by
encouraging new residential development to produce beautiful neighborhoods of well-designed
homes, and to mitigate adverse impacts of density for the neighborhood and the surrounding
community.
Specifically, subsection E.2 provides the following Guideline:
All open space shall be designed to preserve existing trees particularly native conifers, native
deciduous trees, and other native vegetation consistent with RMC 4-4-070, Landscaping. Except
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for Native Growth Protection Areas, all common open space areas shall be designed to
accommodate both active and passive recreational opportunities and be visible and open to the
street. Pocket parks shall be designed to serve four (4) to ten (10) homes. Private yards are
located at the rear or side of homes and can include trees, planting beds, and privacy fences.
Reciprocal use easements can provide greater usability of private yards.
The Guideline in E.2 prioritizes the retention of native trees. This proposal would retain a 32-inch
Douglas fir tree and several Big Leaf Maple trees, achieving the intent of the Code
e. Can be shown to be justified and required for the use and situation intended; and
Response: The Land Use Element of the Comprehensive Plan and the associated Code set priorities for
the preservation of sensitive areas and native vegetation while supporting density and infill. The
proposal brings the development site into compliance with these community priorities.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Response: The proposal will not create adverse impacts to other properties in the vicinity.
Surrounding uses included multi-family residences abutting the proposal to the north and south, similar
to the proposal, with corresponding slope areas and mature vegetation. To the west of the proposal are
a Puget Sound Energy parcel and Interstate 405.
Maintaining the existing mature vegetation and slopes maintains the current conditions and reduces the
risk of erosion along the top of slope. Thus, the proposed alternative will not create adverse impacts to
other properties in the vicinity.
If you have any questions, please feel free to email or call me directly – thank you!
Sincerely,
Encompass Engineering & Surveying, Inc.
Nicole Mecum, PE
NMecum@Encompasses.net
425-961-2168