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HomeMy WebLinkAboutD_HEX_Jefferson Highlands Unit Lot Subdivision Final Decision_2204241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Jefferson Highlands Unit Lot Subdivision Preliminary Plat, Site Plan Review, Conditional Use Permit and Street Modification Approval. PR21-000425 ) ) ) ) ) ) ) ) ) ) ) ) FINAL DECISION SUMMARY Anita and Timothy Woo request approval of applications for preliminary plat, site plan review, conditional use permit and street modification approval for an 18 unit lot townhome subdivision at 1518 and 1524/1526 Jefferson Ave NE and 1513/1515 Kirkland Ave NE. The applications are approved subject to conditions. TESTIMONY Clark Close, City of Renton senior planner, summarized the proposal. In response to Examiner questions, Mr. Close clarified that the “regulated” slopes identified in the staff report have that status because they are mapped as regulated, which means they must be investigated if they qualify as steep slopes under the City’s critical areas regulations. The slopes at the project site do not qualify as steep slopes. The properties to the west are zoned R-14, but they are predominantly developed with single- family homes. The proposed extra height of the buildings likely will not affect the properties to the west and east because they are separated by Jefferson and Kirkland streets. The major concern for height impacts was to properties to the north and south. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 2 Ms. Donlan, representing the Applicants, thanked staff for their review. EXHIBITS The 32 exhibits identified at Page 2 of the April 12, 2022 staff report were admitted into the record at the April 12, 2021 hearing. The staff power point presentation was admitted as Ex. 33. City of Renton COR maps were admitted as Exhibit 34. Google maps for the project vicinity were admitted as Ex. 35. FINDINGS OF FACT Procedural: 1. Owner/Applicant. Anita and Timothy Woo, 12906 NE 25th Pl, Bellevue, WA 98005 2. Hearing. A hearing on the application was held on April 12, 2022 at 11:00 am on-line via the Zoom meeting application, Meeting ID 946 7233 4580. Substantive: 3. Project Description. Anita and Timothy Woo request approval of applications for preliminary plat, site plan review, conditional use permit, street modification approval for 18 townhomes at 1518 and 1524/1526 Jefferson Ave NE and 1513/1515 Kirkland Ave NE. The applications are approved subject to conditions. The proposed townhouses are organized in three (3) six-unit blocks; six (6) units are proposed along Kirkland Ave NE and 12 units are proposed along Jefferson Ave NE. The units along Jefferson Ave NE would include detached garages and the units along Kirkland Ave NE would include attached garages located beneath the second floor living space. The proposed project would result in a net density of 18.2 du/ac. Two (2) of the 18 unit lots would be affordable under density bonus review. The units are proposed to be between 1,900 and 2,600 sf. Access to the units is proposed via a 16- foot-wide temporary alley on Kirkland Ave NE (8 feet of the temporary access is located off-site to the south) and a new 16-foot-wide alley located between the proposed new townhomes. All 22 significant onsite trees are proposed to be removed. The project site consists of three (3) separate adjacent tax parcels in t he Highlands Community Planning Area. The project site is currently developed with two duplexes, a single-family home, a detached garage, a carport, and six (6) small outbuildings. According to the geotechnical report, Ex. 11, the site is vegetated primarily with grass, numerous decorative plants, shrubs, and fruit trees. The Applicant seeks a conditional use permit for increased height to enable three story townhomes. The project is located within the R-14 zone. The R-14 zone allows increases to the maximum wall plate height from 24 feet, up to 32 feet with a conditional use permit. The Applicant is requesting a conditional use permit to increase the maximum wall plate height to 32 feet with a parapet height of 36-8” and a stair enclosure height of 42 feet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 3 Pursuant to Renton Municipal Code (RMC) 4-9-250.D, the Applicant is requesting a Modification from RMC 4-6-060.F.2, Minimum Design Standards for Public Streets and Alleys for Kirkland Ave NE a residential access street. The Applicant is proposing to construct an 11-foot wide travel lane measured from the center of the existing 60-foot wide right-of-way, a 0.5-foot vertical curb, a 12-foot wide bioretention planter strip, a 5-foot wide sidewalk, with a 1-foot clear width from back of sidewalk to edge of the right-of-way (Exhibit 24). 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and appropriate infrastructure and public services as follows: A. Water and Sewer Service. Water and sewer service are provided by the City of Renton. B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire Authority and police service by the Renton Police Department. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development subject to the condition that the Applicant install required improvements and fees. A fire impact fee, currently assessed at $964.53 per dwelling unit, would be applicable to the proposal. The fee in effect at the time of building permit issuance would be assessed for this project. Credit will be granted for the removal of the existing homes. 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 (“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 submitted a Preliminary Technical Information Report, prepared by Encompass Engineering & Surveying, Inc. (dated September 24, 2021; Exhibit 9) with the application. Per the Flow Control Application Map of the Manual, the project site is within the Peak Rate Flow Control Standard area and contained within the East Lake Washington Drainage Basin. In this area, flow control facilities are required to match the existing conditions 2-, 10-, and 100-year peak-rate runoff from the site. The Applicant is proposing a combination of full infiltration beds and a BioClean Linear Modular Wetland filtration device to provide the required water quality and flow controls for the final developed surface areas. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 4 Surface water system development fees to compensate for City drainage system impacts are payable prior to issuance of the construction permit. D. Parks/Open Space. The project provides for adequate parks and open space. RMC 4-2-115E.2 requires open space for residential development of four or more dwelling units in the R-14 zone to consist of at least 350 square feet of open space per dwelling unit. Based on the proposal for 18 townhome units, a total of 6,300 square feet of common open space would be required. Landscaped common open space, totaling 7,466 square feet is proposed within two (2) common open space/utility tracts (Tracts D) located along the public street frontages. The proposed common open green spaces of Tract D would comply with the required 30-foot of open space in any direction. No above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens, etc.) are proposed within the common open space requirement. A total of nine (9) 3’x8’x2’ galvanized pea patch planter or approximately 24 square feet each in surface area are proposed. One-half of each planter would be available to each unit. Together, the greater pea patch areas (planter, bench, crushed rock and screened off area ), would have a combined area over 1,000 square feet across all three (3) pea patch areas. Additionally, the pea-patch must include a water, fencing with a one-foot (1') landscape area on the outside of the fence, landscaping with flowers, plants, and/or shrubs a tool shed, and a common area with space for compost bins. The 3’ x 8’ galvanized planter beds would be required to be upsized to comply with the individual plot measurement of 10’ x 10’ as required by code. Therefore, a condition of approval that the Applicant submit additional information with the civil construction permit application demonstrating the project’s compliance with the pea-patch common open space requirements for review and approval by the Current Planning Project Manager. The pea patch areas interrupt the common open space and prevents active recreational uses. In addition, code requires that open space shall include picnic areas, space for recreational activities, and other activities as appropriate. Consequently, a condition of approval requires the applicant to include and show required picnic areas, space for recreational activities, and other activities as appropriate within the common open space at the time of civil construction permit. The proposed open space serves as a distinctive focal point of the project as it borders the most visible portions of the project, specifically the street frontage along Jefferson and Kirkland. These open space areas are joined by an interior pedestrian walkway across the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 5 middle of the project. The extensive landscaping in these open space areas helps provide privacy and reduce noise from traveling in either direction. E. Pedestrian Circulation. The townhome units would provide pedestrian connections from rights-of-ways to each unit and to common open space throughout the project site. The proposed concrete sidewalks would provide a safe and efficient pedestrian circulation system. F. Transportation. The proposal is served by adequate and appropriate transportation infrastructure. A combination of a shared temporary access driveway and a public alley will provide vehicular access to all the proposed townhome units. The shared access will be via a shared temporary access driveway easement along \a portion of the south property line. The alley will be a new north/south public alley near the middle of the development. None of the townhomes would take direct driveway access off the surrounding public streets, thereby reducing the number of curb cuts generated by the project to a single access. A condition of approval requires that all access easements be privately owned and maintained by a Homeowners Association. According to the Trip Generation Summary, prepared by Transpo Group, dated October 25, 2021 (Exhibit 13), the proposed development would generate approximately 92 net new weekday daily trips with five (5) occurring during the weekday AM peak hour (2 inbound and 3 outbound) and seven (7) occurring during the weekday PM peak hour (4 inbound and 3 outbound). The proposed project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D (Exhibit 18). Increased traffic created by the development would be mitigated by payment of transportation impact fees. The current rate of transportation impact fee is assessed at $6,717.10 per dwelling. Payment of the transportation impact fee is applicable on the construction of the development at the time of application for the building permit. A credit would be given for any existing homes. Access to SR 900 (NE Sunset Blvd) is approximately a quarter of a mile to the south. An active bus stop is located adjacent to the Greater Highlands Shopping Center located at 2806 NE Sunset Blvd. This stop is a very active bus stop and is anticipated to serve more riders due to the Solera development under construction at the former Greater Highlands Shopping Center. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 6 G. Schools. The proposal provides for adequate and appropriate schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Sierra Heights Elementary, McKnight Middle School and Hazen High School (Exhibit 28). Any new elementary or high school students from the proposed development would be bussed to their respective elementary or high schools. All middle school students are within walking distance of the middle school. The bus stop for Sierra Heights Elementary School is located at the corner of Jefferson Ave NE & NE 13th St. Students would walk south along the recently completed sidewalks on Jefferson Ave NE until they reach NE 13th St. Students attending McKnight Middle School would walk to school, approximately 0.38 miles from the project site. Middle school students would walk north along the new sidewalks on Jefferson Ave NE and west along the new sidewalks on NE 16th St where they would reach the school at the southwest corner of NE 16th St and Harrington Ave NE. The bus stop for students attending Hazen High School is located at the corner of NE 16th St and Kirkland Ave NE. Students would walk along new or existing sidewalks on Kirkland Ave NE until they reach NE 16th St. The proposed project includes the installation of street frontage improvem ents along Jefferson Ave NE and Kirkland Ave NE frontages, including sidewalks. A School Impact Fee, based on new multi family dwelling, will be required in order to mitigate the proposal’s potential impacts to the Renton School District. The fee is calculated and payable to the City as specified by the Renton Municipal Code at the time of building permit issuance. Currently the fee is assessed at $4,737.00 per multi family dwelling unit. H. Parking. Staff has determined that the proposal complies with applicable parking regulations. The proposal is subject to two separate motor vehicle parking standards – one applicable to townhomes specifically and the other to attached dwelling units. The more restrictive of the two requires two parking spaces per townhome involving more than one bedroom. See RMC 4-4-080(10)(d). Floor plans submitted by the Applicant (Ex. 16 and 17) show three or four bedrooms per unit. The Applicant is proposing to provide all required parking on each unit lot as opposed to averaging the spaces throughout the development. One (1) parking space would be provided within the designated garage space for each unit and one (1) uncovered space would be provided in tandem parking within the rear yards off the public alley. As proposed, the single car garage and the onsite driveway parking area would meet the minimum parking requirements for each unit lot. Bicycle parking regulations require that a minimum of one-half (0.5) bicycle parking space be provided per one attached dwelling. For attached dwellings, spaces within the dwelling units or on balconies do not count toward the bicycle parking requirement. However, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 7 designated bicycle parking spaces within individual garages can count toward the minimum requirement. Based on the proposal for 18 townhome units, a total of nine (9) bicycle parking spaces are required. The Applicant is proposing to provide wall mounted bicycle parking within the garage space of each unit (Exhibit 16). Therefore, the proposed 18 wall mounted bicycle parking spaces within each garage would comply with the minimum bicycle parking standard. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Pertinent impacts are addressed individually as follows: A. Critical Areas. The Applicant’s geotechnical report and SEPA review finds no critical areas on-site. B. Tree Retention. The proposal provides for adequate preservation of trees because it is consistent with the City’s tree retention standards. The City’s tree retention standards (RMC 4-4-130) require the retention of 20 percent (20%) of trees in a residential development. The Applicant submitted a Landscape and Tree Retention Plan, prepared by Varley Varley Varley, dated September 2021 (Exhibit 7) and an Arborist Report, prepared by Varley Varley Varley, dated September 6, 2021 (Exhibit 8) with the project application materials. According to the arborist report, there are 22 significant onsite trees, of those six (6) were found to be in “poor” or dangerous condition, nine (9) were found to be in “ok” health, and seven (7) were found to be in “good” condition. Based on the submitted subdivision layout, three (3) trees were found to be in the proposed alley and one (1) was found in the temporary private access easement tract. After allowed tree deductions, the Applicant would be required to retain two (2) trees. Per RMC 4-4-130.H.1.e, when the required number of protected trees cannot be retained, replacement trees, with at least a two-inch (2") caliper or an evergreen at least six feet (6') tall, shall be planted at a rate of twelve (12) caliper inches of new trees to replace each protected tree removed. In-lieu of retaining two (2) existing trees, the Applicant is proposing to replant the site with 37 onsite trees based on the landscape plan and plant schedule. According to the submitted landscape plan, the replacement trees would exceed the minimum tree density requirement. However, the proposed site layout would allow for the potential to retain up to five (5) trees in ok to good health if the stormwater improvements were designed to accommodate up to two (2) of the trees located along the street frontages, specifically trees 1-3 (6” DBH), 10 (14” DBH), or 17 (8,8” DBH). Therefore, a condition of approval requires that the Applicant submit a revised tree retention and replacement plan that demonstrates compliance with minimum tree retention requirement or trees in the replacement plan (up to 24”) shall be comparable to the mature tree species that are proposed to be removed. A final detailed landscape plan would be required to be submitted and approved prior to issuance of a civil construction permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 8 C. Compatibility. The proposal, specifically including the height, is compatible with surrounding uses. The site is compatible regarding height due to the proximity of other zones that allow for equal or greater proposed height and the fact the proposal fronts on two major residential access streets. Landscaping and the lack of adverse impacts as outlined in this Decision provide for overall compatibility of the project. The project site is bounded on the west and east by two (2) public streets, Jefferson Ave NE and Kirkland Ave NE, respectively. Staff testified that the width of these streets is sufficient to mitigate against any shading or view impacts caused by the height of the proposal. The project site is located within the Residential-14 (R-14) zone and near the Residential Multi-Family (RMF) and Center Village Zone (CV) zoned properties. The R-14 zone allows increases to the maximum wall plate height from 24 feet, up to 32 feet, with a conditional use permit. The RMF zone allows maximum wall plate heights of 32 feet and the CV zone permits a maximum height of 50 feet, except 70 feet for vertically mixed -use buildings (commercial and residential). The project site is located at the edge of an R-14 zone, adjacent to an RMF zoned parcels located on the east side of Kirkland Ave NE, placing the project site in a transitional area with regards to the height of structures and intensity of uses. In addition, the proposed townhomes include increased front yard setbacks from Jefferson Ave NE and Kirkland Ave NE, which would reduce the bulk and scale of the proposed structures along the public street frontages. The proposed townhomes would comply with the density bonus requirements of the R-14 zone as well as other development standards. This transition area is well-suited to allow an increase in the maximum wall plate height to facilitate the massing changes dictated by the development standards permitted by the nearby zones, namely RMF and CV. Therefore, it is not anticipated that the proposed building height would result in any substantial or undue adverse effects on adjacent or abutting properties. The City’s landscaping standards assure further aesthetic compatibility with surrounding uses. City staff have found the Applicant’s landscaping plan, Ex. 7, to comply with the City’s landscaping standards. Landscaping and open space is proposed throughout the site in areas not occupied by buildings or paving. As shown in the landscaping plan, landscaping is proposed around all of the proposed buildings except the north and south ends, obscuring or augmenting views of the proposed buildings. D. Noise, Light and Glare. The proposal will not create any significant noise, light or glare impacts. There is nothing about the proposal that suggests any significant noise impacts that could be generated beyond those typically associated with residential use. The City’s noise ordinance, Chapter 8-7 RMC, regulates the amount of noise that can be generated in residential areas. Common open space areas have been sited throughout the development, which would provide privacy and buffer some of the noise either entering or leaving the project site. No additional measures are found necessary to mitigate against noise impacts. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 9 As to light and glare impacts, the Applicant submitted an Illumination Plan, prepared by Transpo Group, dated October 2021 (Exhibit 14) and Illumination Lighting Calculation Summary, prepared by Lighting Analysis, Inc., dated October 8, 2021 (Exhibit 15) with the project application materials. The Applicant is proposing six (6) pedestrian luminaire pole and fixtures at 14 feet (14’) mounting per the luminaire pole schedule and according to current city standards 116.1, 119, 120, and 121. Three (3) luminaire poles would be installed on both Jefferson Ave NE and Kirkland Ave NE. Residential streets shall have minimum light levels of 0.8 foot-candle within the intersections and 0.3 foot-candle along the sidewalks at a six to one (6:1) uniformity ratio per RMC 4-6-060.I.3. The Applicant is proposing a 0.30 minimum light level and a 5.90 uniformity ratio on Kirkland Ave NE and a 0.32 minimum light level and a 4.31 uniformity ratio on Jefferson Ave NE. Final lighting plans would be reviewed at the time of construction utility permit. An exterior architectural lighting plan for each dwelling unit was not provided with the application; therefore, a condition of approval requires that an architectural lighting plan shall be provided at the time of building permit review for review and approval by the Current Planning Project Manager. To ensure safety and avoid excessive brightness, a condition of approval requires that pedestrian scale lighting should be provided on the primary entries of each unit, rear elevations facing the alley, as well as along the interior pedestrian walkways as necessary to provide sufficient lighting for pedestrian safety but shall also be designed to minimize light spill and glare onto adjoining properties. E. Views. According to uncontested findings of the staff report, the proposal will not block view corridors to shorelines or Mt. Rainier. CONCLUSIONS OF LAW Procedural: 1. Authority. RMC 4-8-080(G) classifies Hearing Examiner conditional use applications and preliminary plat applications as Type III permits. In the absence of the conditional use and preliminary plat applications, no Hearing Examiner review would be required for the site plan and it would be classified as a Type II permit by RMC 4-8-080(G). The street 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 reviews are the “highest-number procedure” and therefore must be employed for all of the permit applications. As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings and issue final decisions on Type III applications subject to closed record appeal to the Renton City Council. Substantive: 2. Zoning/Comprehensive Plan Designations. The project site is zoned R-14 and has a comprehensive plan land use designation of Residential High Density. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 10 3. Review Criteria/Approval of Street Modification. Chapter 4-7 RMC governs the criteria for subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. RMC 4-9-030(C) governs the criteria for conditional use permit review. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. All applicable criterion quoted below are met for the reasons identified in the corresponding conclusions of law. Street modification standards are governed by RMC 4-9-250.D. The findings and conclusions of Finding No. 24 of the staff report, as well as Finding No. 3 of this decision, are adopted to determine that the proposal as modified in the staff recommendation meets the criteria for street modification. Subdivision RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. The criterion is met. As to compliance with the Zoning Code (including design standards), Findings 18 and 19 of the staff report are adopted by reference as if set forth in full. This includes the staff findings and conclusions in Finding 18 that the proposal qualifies for the requested density bonus due to the provision of two affordable housing units. Each proposed lot will access a public road via the proposed access easement and alley as outlined in Finding of Fact No. 4F. As determined in Finding of Fact No. 4 and 5, there are no critical areas at the project site and the project 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 17 of the staff report, which is incorporated by this reference as if set forth in full. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 11 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 internal alley and access easement connect to Kirkland Ave NE, an existing public street. 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. The proposal is not subject to any adopted street plan. 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 proposal does not touch upon any designated trail. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. … 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 12 a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 9. The criterion is met. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and development will not encroach into critical areas as determined in Finding of Fact No. 4C and 5A. 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. 5B. No steep slopes or streams are located on the property. 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 outlined in Finding of Fact No. 4D, the Applicant will also be providing 7,466 square feet of open space, which exceeds the 6,300 square feet required of the project under City open space standards.. 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. The proposal does not include any internal streets, but rather includes an alley that will connect to another alley to the south if development on the southern parcel proceeds as approved for a prior land use application. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 13 The proposed connecting alley runs through roughly the middle of the site. The temporary access driveway and a portion of the public alley are proposed to function with the approved Emerald Highlands Unit Lot Subdivision (LUA20-000077). The 16-foot-wide temporary alley, perpendicular to Kirkland Ave NE, includes an equal split of the 16-foot-wide temporary alley (eight-foot (8’) wide on the subject property and eight-foot (8’) wide on the Emerald Highlands property. However, a large majority (13 feet) of the proposed 16-foot-wide public alley that is proposed to serve Units 14-18 is anticipated by the Applicant to be located offsite as part of the Emerald Highlands property, which received Hearing Examiner approval on May 29, 2020. The Emerald Highlands property has since been sold an it’s unclear if the current owners intend to develop the property as approved in 2020 or if they are interested in recording the temporary alley access easement and the proposed ingress/egress & utility easement (Exhibit 27). However, an equal alley split from NE 16th St to NE 13th St must be provided from property owners and developers along Jefferson Ave NE and Kirkland Ave NE to provide circulation and maintain equity as part of the redevelopment of these 20 parcels. Therefore, a condition of approval requires that the Applicant increase the identified three- foot (3’) portion of the public alley to a minimum dedication of eight feet (8’) from the property line of parcel no. 7227801555 and center the remainder of the 16-foot-wide public alley on the centerline of the other two properties (parcel nos. 7227801485 and 7227801560). Any additional alley space needed to ensure minimum fire access requirements are met would be required to be placed in a temporary public access easement (up to six feet (6’)). A revised detailed preliminary plat plan would be required to be submitted and approved prior to issuance of a civil construction permit. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. The criterion is met. The proposal is conditioned upon City approval of alley names, if any. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. The criterion is met. There is no street intersection with a public highway or major or secondary arterial. RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty-five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. The criterion is met. The Public Works Department has reviewed the proposed alley configuration and staff has recommended approval as proposed. RMC 4-7-150(E): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 14 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. 15. The criterion is met. The only proposed dedication for street purposes is the back alley, and the alley is conditioned to connect to the alley adjoining to the south and to stub to the south for future extension of the alley, which runs parallel to Kirkland Ave NE and thus contributes to a grid pattern as well as alley access. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 15 16. The criterion is met. 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. No additional street extensions are proposed, possible or necessary for the proposal. The alley extends for more than an average lot length, but it does not qualify as a street under the criterion. A turn-around is also not necessary since fire access is available to the project along its frontage on Kirkland and Jefferson avenues. 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 Ex. 4, the side lines are 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, the proposed lots comply with the zoning standards of the R-14 zone. As authorized by RMC 4-7-090E1, individual lots in plats that qualify as unit lot subdivisions are not required to comply with the minimum lot size, width, and depth requirements of the underlying zoning designation. All unit lot subdivision requirements are met as identified in several portions of Finding No. 18 of the staff report. 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'). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 16 21. The criterion is met. As identified in COL No. 20, lots in unit lot subdivisions are not subject to any minimum width standards. 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. The criterion is met. The only corner lots on the project site are situated along alleys. 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. The criterion is met. 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. The criterion is met 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, compliance of which is incorporated into the technical information report, Ex. 9, and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 26. The criterion is met as proposed and as shall be regulated during civil plan review. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 17 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. The criterion is met 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 landowner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. The criterion is met as conditioned. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 29. The criterion is met. The street name standard is not applicable as the Applicant will not be constructing any public streets. Surveying standards will be enforced by staff during final plat review. Site Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 18 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3- 100. 30. The criterion is met. As discussed in Conclusions of Law Nos. 4 and 5, and as conditioned, the proposal is consistent with the City’s development and design regulations. The proposal is consistent with the Comprehensive Plan for the reasons stated in Finding 17 of the staff report. City staff have issued a decision that the proposal is consistent with the Sunset Area Planned Ordinance, Ex. 22. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 19 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 31. The criterion is met. The segregation of the proposed townhome units into three separate buildings, their separation from street frontage by extended setbacks and their proximity to more intense uses prevents overscale structures and overconcentration of development on any one portion of the lot as contemplated in RMC 4-9-200(E)(3)(b)(i). As outlined in Finding of Fact 4D, the townhome units provide direct pedestrian connections from the rights-of-way to each unit and to common open spaces throughout the project site and a combination of a shared temporary access driveway and the alleys would provide vehicular access through the project site. These vehicular and pedestrian connections provide the linkages and transitions contemplated in RMC 4-9- 200(E)(3)(b)(ii). The Applicant proposes no loading or storage areas so RMC 4-9-200(E)(3)(b)(iii) is inapplicable. As determined in Finding of Fact No. 5E, the proposal will not block any views to attractive natural features as required by RMC 4-9-200(E)(3)(b)(iv). As outlined in Finding of Fact No. 5C, the perimeter of the project site and interior open space tracts is landscaped, providing the amenities required by RMC 4-9-200(E)(3)(b)(v). As identified in Finding of Fact No. 5D, as conditioned, the Applicant is required to prepare a supplemental lighting plan that minimizes light impacts to adjoining properties as contemplated by RMC 4-9-200(E)(3)(b)(vi). RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 32. The criterion is met. Open Space and landscaping has been sited throughout the development, which would provide privacy and buffer some of the noise either entering or leaving the project site as required by RMC 4-9-200(E)(3)(c)(i). The scale of the project is appropriate for its location as contemplated by RMC 4-9-200(E)(3)(c)(ii) for the reasons identified in Finding of Fact No. 5C. The proposal will not impact any significant natural features – as identified in Finding of Fact No. 3 the project site is already developed with two duplexes, a single-family home, a detached garage, a carport, and six (6) small outbuildings and the site is only vegetated primarily with grass, decorative 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 20 plants, shrubs, and fruit trees. As noted in Finding of Fact No. 5B, impacts to trees will be mitigated as required by the City’s tree retention standards. As noted in the staff report, the project site only slopes gradually and no undue grading will be required. Due to the topography and lack of vegetation, the proposal is found to comply with RMC 4-9-200(E)(3)(c)(iii). As identified in Finding of Fact No. 5C, the proposed and required landscaping will help define and enhance open spaces and enhance privacy and aesthetics as contemplated by RMC 4-9-200(E)(3)(c)(iv). RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 33. The criterion is met. The proposal provides for safe and efficient access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4E and 4F. No loading or delivery spaces are proposed. The facility will be served by adequate transit and bicycle facilities (most notably bicycle parking spaces) for the reasons identified in Finding of Fact No. 4F and 4H. Safe and attractive pedestrian connections are provided as outlined Finding of Fact No. 4E. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 34. The criterion is met. As detailed in Finding of Fact 4E, as conditioned the proposal concentrates most of its open space in front of the buildings, thereby creating a distinctive focal point that includes sufficient space for passive and active recreation as required by RMC 4-9-200(E)(3)(e). RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 21 35. The criterion is met. As determined in Finding of Fact No. 5E, there are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 36. The criterion is met. As outlined in Finding of Fact No. 5A, there are no critical areas on the site. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 37. The criterion is met. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 38. No further phasing is proposed. Conditional Use The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors for all applications: RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 39. The criterion is met. As conditioned, the proposal is consistent with all applicable comprehensive plan policies and development standards as concluded in Conclusions of Law No. 4 and 5. RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. 40. The criterion is met. The proposed use involves townhomes in an area characterized by single-family and multi-family development. The added variety of housing type and additional building height will not serve as an overconcentration of a particular use. The proposed location is suited for the proposed use for the reasons identified in Finding of Fact No. 5C. RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 22 41. The criterion is met. As determined in Finding of Fact No. 5, as conditioned, there are no significant adverse impacts associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent property. RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 42. The criterion is met. As determined in Finding of Fact No. 5C, the proposed use is compatible with the scale and character of the neighborhood. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 43. The criterion is met. As determined in Finding of Fact No. 4, the proposal includes parking that is consistent with applicable parking standards, which sets a legislative standard for adequate parking. RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 44. The criterion is met. As outlined in Findings of Fact No. 4E and 4F, the proposal provides for safe circulation and adequate traffic mitigation and facilities. RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 45. The criterion is met. As determined in Finding of Fact No. 5, the proposed use will not result in any adverse light, noise or glare impacts. RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 46. The criterion is met. As shown in the conceptual landscape plan for the proposal, Ex. 7, all undeveloped portions of the site are landscaped. DECISION The proposed preliminary plat (including qualifying as a unit lot subdivision), administrative site plan, administrative conditional use and street modification comply with all applicable criteria for the reasons identified in the conclusions of law of this decision and are all approved, subject to the following conditions: 1. Draft affordable housing affordability covenant and use agreement shall be submitted to the Current Planning Project Manager for review and approval by the Planning Project Manager and the City Attorney prior to civil construction permit issuance. In addition, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 23 the Applicant shall identify the third-party with an agreement in principle to assist with monitoring the project’s compliance with the affordable housing requirements prior to building permit issuance for the affected units. Such affordability agreements shall be recorded prior to Temporary Certificate of Occupancy. 2. The Applicant shall submit revised building elevations that comply with the maximum wall plate height and allowed vertical projections for wall plates under the conditional use permit. 3. The Applicant shall create a Homeowners’ Association (“HOA”) that maintains all improvements and landscaping in the common open space tracts and any and all other common improvements. The HOA documents shall be submitted to, and approved by, the Current Planning Project Manager prior to recording of the Unit Lot Subdivision. Such documents shall be recorded concurrently with the Unit Lot Subdivision. 4. The Applicant shall submit a revised tree retention and replacement plan that demonstrates compliance with minimum tree retention requirement or trees in the replacement plan (up to 24”) shall be comparable to the mature tree species that are proposed to be removed. A final detailed landscape plan would be required to be submitted and approved prior to issuance of a civil construction permit. 5. The Applicant shall submit a revised landscape plan that demonstrates compliance with the fence and retaining wall regulations for review and approval by the Current Planning Project Manager at the time of civil construction permit application. 6. An architectural lighting plan shall be provided at the time of building permit review for review and approval by the Current Planning Project Manager. To ensure safety and avoid excessive brightness pedestrian scale lighting should be provided on the primary entries of each unit, rear elevations facing the alley, as well as along the interior pedestrian walkways as necessary to provide sufficient lighting for pedestrian safety but shall also be designed to minimize light spill and glare onto adjoining properties. 7. More variation in corner and interior individual unit lot widths be applied to the unit lot subdivision to create a greater variety of home sizes between the townhome structures. A revised preliminary plat plan shall be provided at the time of building permit review for review and approval by the Current Planning Project Manager. 8. The Applicant shall submit additional information with the civil construction permit application demonstrating the project’s compliance with the pea-patch common open space requirements for review and approval by the Current Planning Project Manager. 9. The Applicant shall include and show required picnic areas, space for recreational activities, and other activities as appropriate within the common open space for review and approval by the Current Planning Project Manager at the time of civil construction permit. In addition, the Applicant shall demonstrate compliance with the common open space areas maximum slope of five percent (5%) requirement at the time of civil construction permit application. The final detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 24 10. The Applicant shall either submit revised elevations providing the required three and one- half inches (3 1/2") minimum trim surrounding all windows and doors and one of the following architectural details: shutters, knee braces, flower boxes, or columns. Alternatively, the Applicant may submit a modification request to vary from any of these standards. The revised elevations or modification request shall be submitted to the Current Planning Project Manager for review and approval at the time of building permit review. 11. The Applicant shall provide a materials board and color palette, coded to the exterior building elevations, to the Current Planning Project Manager for review and approval at the time of building permit review. 12. The Applicant shall submit a detailed landscape plan with utility box locations and any utility boxes that are visible to the public shall be screened with berms and/or landscaping. The final detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 13. The Applicant shall submit revised street or front facing elevations that include variation in unit heights, greater variety in materials used amongst the units, and/or other techniques so that each unit in the development does not look nearly identical the abutting unit. The final building elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 14. The Applicant shall complete a sun study that shows shade and shadow throughout various times of the year (June, September, and December) to ensure buildings are designed to minimize shade and shadow impacts on adjacent residential uses. The sun study shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 15. The Applicant shall increase the identified three-foot (3’) portion of the public alley to a minimum dedication of eight feet (8’) from the property line of parcel no. 7227801555 and center the remainder of the 16-foot-wide public alley on the centerline of the other two properties (parcel nos. 7227801485 and 7227801560). Any additional alley space needed to ensure minimum fire access requirements are met would be required to be placed in a temporary public access easement (up to six feet (6’)). A revised detailed preliminary plat plan would be required to be submitted and approved prior to issuance of a civil construction permit. 16. The Applicant shall submit a separate detailed utility and landscape plan set identifying the location and screening provided for all surface and roof top utility/mechanical equipment required for each townhome. The surface mounted utility plan shall include cross-section details and screening measures consistent with the overall design of the development with the civil construction permit application. The Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out of public ROW view, active common open spaces, and they shall not displace required landscaping areas. The utility and landscape plan set shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 25 17. All access easements be privately owned and maintained by a Homeowners Association. The Applicant shall record a note on the face of the plat that executes a shared maintenance agreement for equal ownership and maintenance responsibilities for all improvements in the access easements. A draft version of the shared maintenance agreement shall be submitted for review and approval by the Current Planning Project Manager prior to plat recording. 18. Alley names shall be approved by the City and alley name signs shall be installed if required by City staff. 19. 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. 20. 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. 21. 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 landowner. 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. DATED this 24th day of April, 2022. City of Renton Hearing Examiner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unit Lot Subdivision - 26 Appeal Right and Valuation Notices RMC 4-8-080(G) classifies the consolidated 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: Project Name Project Number: LUA21-000391, PP, SA-H, CUP-H, ECF, MOD Date of Hearing April 12, 2022 Staff Contact Clark H. Close Senior Planner Project Contact/Applicant Briana Bennington Encompass Engineering & Surveying, Inc. 165 NE Juniper St, Suite 201 Issaquah, WA 98027 Project Location 1518 Jefferson Ave NE (APN 7227801555), 1524/1526 Jefferson Ave NE (APN 7227801560), and 1513/1515 Kirkland Ave NE (APN 7227801485) The following exhibits are included with the Hearing Examiner Report and Environmental Review Committee Memo: Exhibit 1: Environmental Review Committee (ERC) Memo Exhibit 2: Sunset Area Community EIS Exhibit 3: Sunset Area Planned Action Ordinance Exhibit 4: Preliminary Plat Map Exhibit 5: Vicinity Map Exhibit 6: Boundary and Topographic Survey Exhibit 7: Tree Retention and Landscape Plans Exhibit 8: Arborist Report, prepared by Varley Varley Varley, dated September 6, 20221 Exhibit 9: Preliminary Technical Information Report, prepared by Encompass Engineering & Surveying, dated September 24, 2021 Exhibit 10: Preliminary Civil Engineering Plans, prepared by Encompass Engineering & Surveying, dated September 24, 2021 Exhibit 11: Geotechnical Engineering Report 1, prepared by The Riley Group, Inc., dated April 6, 2018 Exhibit 12: Geotechnical Engineering Report 2, prepared by The Riley Group, Inc., dated September 1, 2021 Exhibit 13: Trip Generation Summary, prepared by Transpo Group, dated October 25, 2021 Exhibit 14: Illumination Plans Exhibit 15: Illumination Lighting Calculation Summary Exhibit 16: Floor and Roof Plans Exhibit 17: Project Rendering and Color Elevations Exhibit 18: Transportation Concurrency Memo, prepared by Brianne Bannwarth, dated December 16, 2021 Exhibit 19: Advisory Notes Page 2 Exhibit 20: Staff Report to the Hearing Examiner Exhibit 21: Re-Notice of Application and Public Hearing Exhibit 22: Concurrence Memo Determination with the Sunset Area Planned Action EIS Decision Exhibit 23: Jefferson Highlands Hearing Examiner Decision (LUA19-000163) Exhibit 24: Street Modification Request Exhibit 25: Neighborhood Meeting Materials Exhibit 26: Draft Deed of Dedication (Alley) Exhibit 27: Draft Ingress/Egress & Utilities Easement Exhibit 28: Renton School District Response Letter Exhibit 29: Hazardous Materials Management Statement Exhibit 30: Certificate of Articles of Incorporation Exhibit 31: Declaration of Covenants, Conditions and Restrictions Exhibit 32: CI-159 Minimum Dimensions for Open Space Exhibit 33: Staff PowerPoint Exhibit 34: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps Exhibit 35: Google Earth, https://www.google.com/earth/