HomeMy WebLinkAboutEX_21_D_HEX_Cypress Lane_Decison_2112021
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PRELIMINARY PLAT - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Cypress Lane Preliminary Plat
Preliminary Plat and Street
Modification
LUA21-000287, PP, MOD
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FINDINGS OF FACT, CONCLUSINS OF
LAW AND FINAL DECISION
SUMMARY
The Applicant requests approval for a 15-lot residential preliminary plat and a street modification for a
project site located at 5116 NE 4th Pl and 510 Nile Ave NE. The applications are approved subject to
conditions.
At the hearing the only point of disagreement between staff and Applicant was over a staff
recommended condition requiring the creation of tree retention easements on individual lots with the
duty of maintenance placed upon a homeowner’s association (HOA). The Applicant argued at hearing
that the lot owners, not the HOA, should be responsible for maintenance of the easements. Based
upon his understanding of the track record of HOA performance in the City, the Applicant doesn’t
believe that HOAs will follow through on that responsibility. The City has recommended that the
HOA maintain responsibility for the easements so that the easements are treated the same as the tree
retention tracts for the project held in HOA ownership. To accommodate the interests of both parties,
the easement condition has been revised to provide that covenants shall make it clear that servient
owners are responsible for tree maintenance in the tree easements on their property, but that the HOA
will have access rights if the owners fail to maintain. The CC&Rs will authorize the City to have
enforcement authority against both the owners and HOA for failure to maintain the easements.
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PRELIMINARY PLAT - 2
There has also been a request for a gate to be installed at one of the access points to the plat. No gate
is found necessary at this time. During the hearing, Glen O’Connor requested a gate be placed at the
connection of Pasco Avenue right of way to the plat. Pasco Avenue is currently located to the north of
the project. Staff have recommended that an on-site alley connect to this right of way. Mr. Connor
lives on Pasco Avenue and doesn’t believe the road is sufficiently developed to serve as an access road
for the proposal. From the testimony of both staff and Bob Wenzl, Applicant, the improved portion of
Pasco Avenue does not extend all the way down to the project site and is separated by the project site
by two undeveloped lots. In short, the alley at its northern terminus on the project site will remain a
stub road until the two undeveloped parcels are developed. Consequently, there is no need for a gate
at this time. When a road is built across the undeveloped parcels, City staff at that point can assess
whether a gate would be necessary.
TESTIMONY
A computer-generated transcript of the hearing has been prepared to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A.
EXHIBITS
Exhibits 1-13 listed on page 2 of the November 23, 2021 Staff Report were admitted into evidence
during the public hearing. Additional exhibits admitted during the hearing are as follows:
Exhibit 14 – Staff Power Point Presentation
Exhibit 15 – City of Renton COR maps
Exhibit 16 – Google Earth Aerial Photos of Project Vicinity
FINDINGS OF FACT
Procedural:
1. Applicant. Robert P. Wenzl, Tuscany Construction, LLC, PO Box 2170 Renton, WA
98059.
2. Hearing. A virtual hearing on the application was held at 11 am on November 22, 2021,
Zoom Meeting ID: 999 8292 9662.
3. Project Description. The Applicant requests approval for a 15-lot residential preliminary plat
and a street modification for a project site located at 5116 NE 4th Pl and 510 Nile Ave NE. Two (2)
existing single-family residences and associated detached accessory structures are proposed for
removal. The proposed lots would range in size from 9,006 sq. ft. to 12,486 sq. ft. Access to the
proposed lots would be provided via a new public street extension from Orcas Ave NE to the north
to NE 4th Pl to the south. Access to Lots 11 and 12 would be provided off of Nile Ave NE via a
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PRELIMINARY PLAT - 3
shared driveway easement. In addition, a new public alley extension is proposed to connect the south
end of Pasco Ave NE to the new extension of Orcas Ave NE. A modification to the adopted street
standards is requested to reduce the required right-of-way width and pavement width along the
project's Nile Ave NE frontage. Of the existing 304 significant trees, the Applicant is proposing to
retain 65 trees. There are no critical areas mapped on the project site.
The Applicant is requesting a modification from RMC 4-6-060 to utilize the modified street section
adopted by the Renton Trails and Bicycle Master Plan for Nile Avenue. The proposed project fronts
Nile Ave NE along the west property line. Nile Ave NE is classified as a collector arterial street with
an existing ROW of approximately 60 feet per the King County Assessor Map. Per RMC 4-6-060,
the minimum right-of-way width for a Collector Arterial street with 2 lanes is 83 feet that includes a
46 foot paved road (23 feet from centerline), a 0.5 foot curb, an 8 foot planting strip, an 8 foot
sidewalk, street trees and storm drainage improvements. The street section adopted by the Trails
plan reduces the pavement width to 44 feet (22 feet from centerline) which includes one 11-foot
travel lane in each direction, one 12-foot two-way turn lane, one 5 foot bike lane in each direction
and no on-street parking. The modified street standard requires a minimum ROW of 73 feet. Half
street improvements would include a pavement width of 22 feet, a 0.5 foot curb, an 8 foot planting
strip a 5 foot sidewalk, a 1-foot clear space at back of walk, street trees and storm drainage
improvements. Dedication of approximately 6.5 feet would be required pending the final survey.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services. The City’s Public Works department has reviewed
the proposal for preliminary compliance with all City infrastructure and utility standards and has
found that the preliminary design to meet those standards. Infrastructure/Services are more
specifically addressed as follows:
A. Water and Sewer Service. Water will be provided by King County Water District 96.
Sewer service will be provided by the City of Renton.
There is an existing 8-inch gravity wastewater main located in NE 4th Pl, located south of
the project site, an existing 8-inch gravity wastewater main located in an easement (KC
recording number 20031022001986) on parcel 112305914, and an existing 8-inch gravity
wastewater main located in Nile Ave NE to the north of the project site and to the south
of the project site. The existing homes are not connected to the City sewer system.
A minimum 8-inch sewer main extension is required to extend to the northernmost
property line at Orcas Ave NE and Pascoe Ave NE from either NE 4th Pl or a
combination of NE 4th Pl and the sewer on parcel 112305914. Sewer main extensions
shall be in accordance with RMC 4-6-060. Additional extension of the sewer main may
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PRELIMINARY PLAT - 4
be required depending on final configuration of public roads. Any sewer main on private
property will require a 15 ft wide public utility easement. A minimum 8-inch sewer main
extension will be required along the full property frontage along Nile Ave NE. The
submitted preliminary utility plans (Exhibit 8) submitted with the application materials
do not include a sewer main extension along the full property frontage, however the
proposed layout is acceptable as all adjacent properties along the frontage have or would
have access to sewer service.
Individual sewer stubs from the new sewer main and individual side sewers are required
for each lot. All new sewer stubs shall conform to the standards in RMC 4-6-060 and
City of Renton Standard Details.
The proposed layout indicates a joint use sewer for lots 9/12 and lots 10/11 which is not
permitted. Individual sewer stubs are required and may be placed in a joint trench. A
private sewer easement is required for side sewers passing through lots other than the lot
being serviced.
The project site is currently served by a private on-site-septic system. The septic system
shall be abandoned in accordance with King County Department of Health regulations
and the Renton Municipal Code.
The proposed development is subject to a wastewater system development charge (SDC)
fee. SDC fee for sewer is based on the size of the new domestic water to serve the
project. Fees will be charged based on the rate at the time of construction permit
issuance. The current sewer SDC fee is $3,450.00 per 1-inch meter.
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
resources exist to furnish services to the proposed development.
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.
The Applicant has submitted a Preliminary Drainage Plan (Exhibit 8) and Technical
Information Report (TIR) (Exhibit 4) prepared by Core Design, dated June 28, 2021.
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PRELIMINARY PLAT - 5
Based on the City of Renton’s flow control map, the site falls within the Flow Control
Duration Standard- Matching Forested and is within the Lower Cedar River Drainage
Basin. The topography of the project site generally slopes from the northeast to the
southwest. There is an existing stormwater outfall at the north property line abutting
Orcas Ave NE. There is an existing 12-inch public stormwater main on the south side of
NE 4th Pl and an existing 18-inch public stormwater main on the east side of Nile Ave
NE. There is no existing onsite stormwater conveyance system.
A geotechnical report (Exhibit 3) dated February 2, 2021, completed by Cobalt
Geosciences, was also submitted with the Land Use Application material. The report
discusses the soil and groundwater characteristics of the site and provides
recommendations for project design and construction. Geotechnical recommendations
presented in this report do not support the use of infiltration on the project site.
The project has two (2) natural discharge locations. Both are to the City’s conveyance
system. The north discharge location is along Nile Avenue NE and the south discharge
location is on NE 4th Place.
The project is required to provide a flow control and water quality facility as the
proposed development would include more than 5,000 sq. ft. of new plus replaced
pollution generating impervious surface. Two (2) stormwater detention wet vaults are
proposed to mitigate flow control and water quality impacts, one (1) wet vault would be
located within Tract A located on the southern portion of the project site and the other
wet vault would be located within Tract D located on the western portion of the project
site.
Surface water runoff improvements would be required to comply with the 2017 City of
Renton Surface Water Design Manual (RSWM).
There is a 2021 system Development Charge of $2,100 per new single-family residence.
SDC fees are payable at construction permit issuance. A credit will be applied for the
existing residences proposed for removal.
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
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PRELIMINARY PLAT - 6
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 project site fronts Nile Ave NE along the west property line, NE 4th Pl along the
south property line, Pasco Ave NE along a portion of the north property line, and Orcas
Ave NE along a portion of the north property line.
NE 4th Pl is classified as a Residential Access Street with an existing right-of-way
(ROW) of approximately 28.51-feet per the King County Assessors Map, however the
centerline is offset and approximately 12 feet of ROW fronts the property. Per RMC 4-6-
060, the minimum ROW width for a Residential Access street is 53 feet that includes a
26-foot paved road (13 feet from centerline), a 0.5-foot curb, an 8-foot planting strip, a 5-
foot sidewalk, street trees and storm drainage improvements. Approximately 14.5 feet of
dedication would be required pending final survey.
Nile Ave NE is classified as a collector arterial street with an existing ROW of
approximately 60 feet per the King County Assessor Map. Per RMC 4-6-060, the
minimum right-of-way width for a Collector Arterial Street with 2 lanes is 83 feet that
includes a 46-foot paved road (23 feet from centerline), a 0.5-foot curb, an 8-foot
planting strip, an 8-foot sidewalk, street trees and storm drainage improvements. A
modification was requested and recommended for approval to the frontage improvements
required along Nile Ave NE, see FOF 19.
Pasco Ave NE is a residential access street with an existing ROW of approximately 30
feet. Pasco Ave NE shall be extended such that it connects to Orcas Ave NE with
improvements as per code. The proposal includes a twenty (20)-foot alley connection
between Pasco Ave NE and Orcas Ave NE, which is acceptable provided that the alley
meets minimum fire access requirements for loading and turning. Therefore, a condition
of approval requires that the alley is constructed with pavement that can support a 30-ton
firetruck with 75 PSI point load and that minimum inside an outside turning radii shall be
25 feet and 45 feet, respectively. A neighboring property owner has requested that the
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PRELIMINARY PLAT - 7
alley way be gated. For the reasons identified in the Summary section of this Decision, a
gate is not found necessary at this time.
The extension of Pasco Avenue to the southern boundary of the project site is not feasible
due to substantial existing improvements on the east side of the property. Staff testified
that the existing Pasco Avenue is only partially developed within 30 foot right of way,
which doesn’t even the 35 feet required for half street improvements. Existing
development on both sides of Pasco would preclude the widening of the right of way.
Given this limitation, staff found an alley connection to be the best that could be done to
meet the City’s street connectivity standards.
System-wide transportation impacts are mitigated by the payment of transportation
impact fees, due during building permit review.
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.
G. Schools. The proposal will be served by adequate and appropriate schools and walking
conditions to and from school. According to the staff report, it is anticipated that the
Issaquah School District can accommodate any additional students generated by this
proposal at the following schools: Apollo Elementary, Maywood Middle School and
Liberty High School. Any new students from the proposed development would be bussed
to their schools. The stop is located approximately 0.11 miles from the south end of the
project site, at 451 Nile Ave NE. The proposed project includes the installation of
frontage improvements along the Orcas Ave NE, Nile Ave NE, and NE 4th Pl frontages,
including sidewalks. Students would walk south along Orcas Ave NE to NE 4th Pl, where
they would walk to the west to Nile Ave NE and then walk to the north to the bus stop at
451 Nile Ave NE.
To mitigate against the additional school demand created by the proposal, a school
impact fee will have to be paid during building permit review.
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with
the proposal. A State Environmental Policy Act Determination of Non-significance was issud on
September 13, 2021. Adequate public facilities and drainage control are provided as determined in
Finding of Fact No. 4. Pertinent impacts are more specifically addressed as follows:
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PRELIMINARY PLAT - 8
A. Compatibility. The proposal is compatible with surrounding development. The subject
property is bordered by single-family development on all sides with the same R-4 zoning.
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.
The Applicant has submitted a conceptual tree retention plan (Exhibit 8), arborist report
(Exhibit 9), and tree retention worksheet (Exhibit 10). These materials establish that there
are 329 trees identified on the project site. Of those trees, 25 have been identified as
dangerous trees, 60 trees are located within areas of right-of-way dedication, and 27 trees
are located within the alley/joint use driveway easements, which results in a total of 217
trees available for retention. Based on the requirement to retain thirty percent (30%) of
existing onsite trees, the Applicant would be required to retain 65 trees onsite. The
Applicant is proposing to retain 65 trees, which would comply with the tree retention
requirements.
Staff have recommended a condition requiring an HOA be responsible for maintenance
of retained trees located on the proposed private lots. This condition has been modified
as discussed in the Summary section of this Decision.
C. Critical Areas. There are no critical areas on the project site.
Conclusions of Law
1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits.
The modification request is 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 both
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 Request.
Chapter 4-7 RMC governs the criteria for subdivision review. Applicable subdivision 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 modification request identified in Finding of Fact No. 3 is governed by RMC 4-9-250.D. The
findings and conclusions of Finding No. 19 of the staff report are adopted to conclude that the
proposal meets the RMC 4-9-250.D criteria for the requested street standard modification.
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PRELIMINARY PLAT - 9
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. The criterion is met. As to compliance with the Zoning Code, Finding 17 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. 2. 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 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 criterion is met. The proposed preliminary play is consistent with the Renton
Comprehensive Plan as outlined in Finding 16 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 criterion is met. The single internal road connects to Orcas Avenue NE on both of its
access points to the proposal.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. The criterion is met. City public works staff have reviewed the proposal for consistency
with City road plans and found the proposed roads to be consistent.
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PRELIMINARY PLAT - 10
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. The criterion is met. The Applicant’s request for a street modification incorporates a
dedication and improvements to install a bicycle lane as contemplated in the Renton Trails and
Bicycle Master Plan. The proposal is not subject to any other trail plans adopted by the City.
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 gen eral 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.
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.
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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.
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PRELIMINARY PLAT - 11
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
9. The criterion is met. The land is suitable for a subdivision as the stormwater design assures
that it will not contribute to flooding and there are no critical areas on-site. 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 as
shown in the topographic lines of the preliminary plat plans, Ex. 2, and identified in the Applicant’s
geotechnical report, Ex. 3.
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. The criterion is met. 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.
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
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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:
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.
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15. The criterion is met. The project does not include any cul-de-sacs. The only missing
potential street connection would be for Pasco Avenue extending all the way to the southern
property line of the project site. As determined in FOF No. 4, that extension is not possible due to
substantial existing improvements.
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. As noted in FOF No. 4E, all potential street connections have been
made and there is no potential use for a stub road. Pasco Avenue is only extended as an alleyway,
but as noted in FOF No. 4E, the existing Pasco Avenue is only partially developed in 30 feet right of
way and cannot be widened dude to existing development.
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. The criterion is met. 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. The criterion is met. 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. The criterion is met. As previously determined, as conditioned, the proposed lots comply
with the zoning standards of the R4 zone, which includes area, width and density. A condition of
approval requires Lot 1 to be merged with an adjoining open space tract to meet minimum width
requirements.
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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. The criterion is met. As shown in the Ex. 2 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
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 criterion is met. 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.
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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. T he 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. 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.
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29. As conditioned.
DECISION
The proposed preliminary plat and street standard 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. Tract I shall be removed from the preliminary plat and consolidated with Lot 1 and that
the width of Lot 1 be increased to comply with the 80-foot minimum width required for
corner lots.
2. A Homeowner’s Association shall be created prior to the recording of the final plat for
the ownership and maintenance of all common improvements within the subdivision.
3. Demolition permits shall be obtained and all required inspections be completed for the
removal of the existing residences and detached accessory structures, prior to final plat
approval.
4. A detailed landscape plan shall be provided at the time of Construction Permit
application that includes street tree species from the City’s approved Street Tree list, the
extension of the street frontage landscaping along the west and south property lines of
Lot 1, the addition of trees within the street frontage landscape strip abutting all lots, and
a minimum of 15 feet of landscaping around the perimeter of the proposed stormwater
tracts. Tree species selected for planting within the stormwater tracts shall be large size
maturing trees such as western red cedar, douglas fir, and western hemlock where not
conflicting with stormwater infrastructure to mitigate loss of mature trees on the subject
property. The detailed landscape plan shall be provided for review and approval to the
Current Planning Project Manager.
5. A final tree retention plan shall be provided at the time of Construction Permit review.
The final tree retention plan shall include larger tree species to mitigate for the removal
of the existing mature trees from the project site. The proposed protected trees within
Lots 1-4, 6, 13-15, and Tracts B, C, E, F, G, and H be protected within Tree Protection
Easements. The Tree Protection Easements should encompass all protected trees within
these lots and extend to a public right-of-way. The boundary of the Tree Protection
Easements should be fenced and signed in accordance with RMC 4-4-130H.2.d. Fence
construction shall be monitored onsite by the applicant’s certified arborist to avoid root
damage to the protected trees. A fencing and signage detail shall be submitted for review
and approval of the Current Planning Project Manager at the time of Construction Permit
review.
The Tree Protection Easements shall be recorded along with a covenant that clearly
provide that it is the responsibility of the servient property owner to maintain the trees of
the easement. The Homeowner’s Association shall be given access rights to the
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easements to maintain the trees if the servient owner fails to properly maintain the trees.
The CC&Rs may specify additional access and enforcement rights for the HOA as found
necessary by the Applicant. The CC&R’s shall further provide that the City shall have
enforcement authority against both the servient property owner and the Homeowner’s
Association if the trees are not properly maintained.
The Tree Protection Easements and covenants required by this condition should be
reflected on the face of the final plat map, subject to review and approval of the Current
Planning Project Manager and City Attorney.
6. The applicant shall submit a revised grading plan with the civil construction permit that
reduces the retaining wall proposed on Lot 13 to a maximum of forty-eight inches (48")
and that the location of the wall be revised to provide the required three-foot (3')
landscaped setback from the public right-of-way. The wall extending on to Tract D shall
also be setback the required three (3) feet from the right-of-way and comply with the
maximum height requirements. The revised grading plan shall also provide cross-sections
of the proposed retaining wall(s) and detail sheets of material composition. The revised
grading plan, cross-sections, and details sheets shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
7. Access to Lots 4-6 shall be provided via the public alley and the driveways shown on the
preliminary plat along their respective street frontages be removed, and access to Lots 7
and 8 and 11 and 12 shall be provided via a joint-use driveway. A note to this effect shall
be recorded on the face of the Final Plat.
8. The front yard and primary building entrances for the homes constructed on Lots 4-6
shall be required to face to the west towards Orcas Ave NE. A note to this effect shall
recorded on the face of the final short plat map.
9. The alley shall provide pavement that can support a 30-ton firetruck with 75 PSI point
load and that minimum inside an outside turning radii shall be 25 feet and 45 feet,
respectively.
10. All road names shall be approved by the City.
11. 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.
12. 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.
13. 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
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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.
14. 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.
15. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet (15').
DATED this 23rd day of November, 2021.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
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:
Cypress Lane Preliminary Plat
Project Number:
LUA21-000287, PP, ECF, MOD
Date of Hearing
November 23, 2021
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
Cliff Williams, PE
Dev. Man. Eng., LLC
4648 Shantel St, Mount
Vernon, WA 98724
Project Location
5116 NE 4th Pl and 510
Nile Ave NE, Renton, WA
98059
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-6: As shown in the Environmental Review Committee (ERC) Report
Exhibits 7-13: As shown in the Staff Report to the Hearing Examiner
Exhibit 14: Staff PowerPoint
Exhibit 15: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 16: Google Earth, https://www.google.com/earth/