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HomeMy WebLinkAbout01-30-2023 HEX Decision - Maple Highlands Preliminary Plat1 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 PRELIMINARY PLAT - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Maple Highlands Preliminary Plat Preliminary Plat LUA22-000122, PP ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSINS OF LAW AND FINAL DECISION SUMMARY Conner Homes requests approval of an application for a 12-lot subdivision located at 13818 - 152nd Ave SE and 13939 – 154th Ave SE, Renton, WA 98059. The application is approved subject to conditions. The proposal has raised some concerns from neighbors residing to the south along 154th Ave SE. Marvin Bettes, one of the neighbors, prepared a well written summary of their concerns in Exhibits 15 and 29. Those concerns are all individually addressed in this Decision and were also addressed by staff during the public hearing as identified in the accompanying informal transcript of the hearing, Appendix A. The City’s detailed development standards have been designed to address the types of issues raised by Mr. Bettes, and those standards in turn have been implemented via conditions of approval adopted by this Decision. Condition No. 7 requires the retaining walls along Mr. Bettes’ property to be lowered from eight to six feet as required by City retaining wall height standards1. These standards were largely adopted in 2015 by the Renton City Council in response to neighborhood concerns over retaining wall height. Condition No. 12 requires that a barricade that currently blocks vehicular access to the undeveloped portion of 154th St. south of the project will be 1 Discussion on p. 7, Finding of Fact 5A. 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 PRELIMINARY PLAT - 2 redesigned to accommodate project frontage improvements to 154th.2 A major concern by the 154th neighbors was the adequacy of their ditch along 154th to accommodate new run-off from the proposed development. Condition No. 1 addresses that problem by requiring ditch improvements designed to accommodate that additional run-off3. Mr. Bettes raised some compelling concerns over the safety of the ditch because it is not fully visible to vehicles and sidewalk users affected by the barricade4. Condition No. 12 requires that the ditch be partially fenced or improved with some other warning device should that still prove necessary after the ditch is redesigned by the Applicant. Finally, the Duwamish Tribe requested an Inadvertent Discovery Plan (IDK) to address any discovery of cultural resources. Staff have found merit that to that request and Condition No. 8 requires the IDK. Exhibits Exhibits 1-30 identified in the staff prepared document entitled “Exhibits” were admitted into the record during the January 17, 2023 hearing. The record was left open after conclusion of the hearing for a written submission from the Applicant dated January 27, 2023 and admitted as Exhibit 31. 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. Findings of Fact Procedural: 1. Applicant. Conner Homes, Attn: Aron Golden, 12600 SE 38th St, Suite 250, Bellevue, WA 98006 2. Hearing. A virtual hearing on the application was held at 11 am on January 17, 2023, Zoom Meeting ID: 946 7233 4580. The hearing was left open through January 27, 2023 for staff and Applicant to reach agreement on revisions to staff recommended conditions 1 and 6. Agreed upon revisions were presented by the Applicant as Exhibit 31. 3. Project Description. Conner Homes requests approval of an application for a 12-lot subdivision located at 13818 - 152nd Ave SE and 13939 – 154th Ave SE, Renton, WA 98059. The application is approved subject to conditions. The project site is composed of two separate lots, each of which is developed with a single-family residence that will be removed. 2 Discussion on p. 4-6, Finding of Fact 4D. 3 Discussion on p. 3-4, Finding of Fact No. 4B. 4 Discussion on p. 4-6, Finding of Fact 4D. 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 PRELIMINARY PLAT - 3 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 the preliminary design to meet those standards. Infrastructure/Services are more specifically addressed as follows: A. Water and Sewer Service. Water service will be provided by the King County Water District 90 and the City of Renton will provide sewer service. B. Drainage. The proposal provides for adequate and appropriate stormwater drainage facilities. The proposal is subject to the 2022 City of Renton Surface Water Design Manual, which requires that the project not generate off-site stormwater flows that exceed predevelopment, forested conditions and also imposes water quality standards. City staff have reviewed the Applicant’s preliminary stormwater design and found it consistent with the requirements of the Design Manual. The design and engineering information provided by the Applicant has established to the satisfaction of public works staff that the conceptual stormwater design of the project meets applicable regulations. The submitted information is composed of a drainage report, prepared by KPFF Consulting Engineers, dated October 2022 (Exhibit 4) and a preliminary drainage control plan (Exhibit 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. Project construction is required to comply with the 2022 Renton Surface Water Design Manual (RSWDM). The project will have one (1) discharge location from the stormwater pond abutting 154th Ave SE to the City's conveyance system. The existing site slopes generally southwest at gradual slops and runoff sheet flows onto the neighboring properties. Downstream of the site, stormwater is conveyed to a tightlined City of Renton system within the right-of-way of 154th Ave SE before entering a series of drainage ditches within King County's jurisdiction. Runoff is conveyed by King County roadside ditches a quarter of a mile downstream of the site and ultimately discharges to the Cedar River approximately one (1) mile away. The proposed discharge location would connect to this runoff system. The project is required to provide a flow control and water quality facility as the proposed development would include more than 5,000 square feet of new plus replaced pollution generating impervious surface. One (1) stormwater pond is proposed to mitigate flow control and water quality impacts. The pond would be located in the stormwater tract in the southeast portion of the project abutting 14th Ave SE. 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 PRELIMINARY PLAT - 4 An existing, documented flooding problem exists directly south of the project site on 154th Ave SE within King County. Without mitigation measures to address the issue, the concentrated flows of the project would impact the existing problem. This problem was identified in public comment Ex. 15 and 29. Due to the documented issue, a SEPA mitigation measure requires that prior to civil construction permit approval, the Applicant rehabilitate the existing stormwater ditch from the existing 18-inch (18") outfall to the driveway at the southern driveway 14024- 154th Ave SE. The Applicant may choose to tightline the existing ditch and upsize the existing driveway culverts or regrade/realign the existing ditch and upsize the existing driveway culverts. Public works staff testified that the SEPA mitigation measure should serve to improve downstream flow problems over existing conditions. This evidence is sufficient to establish that stormwater impacts are fully mitigated in the absence of any expert opinion to the contrary. Public works staff have extensive experience in reviewing drainage issues. The City’s drainage standards impose detailed requirements designed to ensure that stormwater impacts of new development are fully mitigated. Public works staff at the hearing testified that the capacity of the downstream conveyance system would be engineered to accommodate hundred year floods. The opinion of public works staff that SEPA mitigation measure No. 1 will result in an improvement over current drainage conditions even with addition of the proposed development is uncontested and there is no evidence to the contrary. C. 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 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. D. 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. 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 PRELIMINARY PLAT - 5 The proposed project fronts 152nd Ave SE along the western property line and 154th Ave SE along the eastern property line. Both are classified as a Residential Access Street. Both 152nd Ave SE and 154th Ave SE have an existing right-of-way (ROW) width, according to the King County Assessor Map, of 60 feet (60'). The proposed development would be required to construct frontage improvements, including paving, curb and gutter, planter strip with street trees and a sidewalk along 152nd Ave SE and 154th Ave SE. The Applicant would extend SE 5th Pl from 154th Ave SE west to 152nd Ave SE. Full street improvements would occur to the abutting property line with 14024 - 152nd Ave SE; from this point to 152nd Ave SE half-street improvements would be constructed. Half-street improvements would include 37 feet (37') of right-of-way dedication. Twenty feet (20') of pavement with an eight-foot (8') planter strip and five foot (5') sidewalk on the north side of the pavement along with curb and gutter on both sides would be constructed. The Applicant would also construct 153rd Ave SE from SE 5th Pl north to 13810 152nd Ave SE to full Residential Access standards except for the portion adjacent to tax parcel 1463400017. Frontage improvements will not be required in this section as the neighboring lot is undeveloped and has the opportunity to subdivide in the future. 153rd Ave SE will have a hammerhead turnaround as the section of street is approximately 260 feet (260') long. Half-street improvements to complete 154th Ave SE would also occur along the eastern portion of the property abutting 154th Ave SE. A Traffic Impact Analysis is required when a project proposal would result in the generation of 20 new a.m. or p.m. peak hour trips. As the proposed subdivision would result in the creation of 12 new lots, it is anticipated that the proposal would not generate 20 new a.m. or p.m. peak hour trips. Therefore, the project was not required to provide a Traffic Study with the preliminary plat application materials. Staff determined that at completion of the project, the development will meet City of Renton concurrency requirements (Exhibit 9), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, site specific improvements, and future payment of Transportation Impact Fees. The transportation impact fee that is current at the time of building permit issuance would be levied. It is anticipated that compliance with the City's adopted Street Standards and the payment of required Traffic Impact Fees would mitigate any adverse impacts that could be generated by additional traffic attributed to the proposed subdivision; therefore, no further mitigation is required. Mr. Bettes in Exhibit 29 raised some compelling safety concerns about traffic circulation at the eastern terminus of 154Th Ave SE. 154th Ave SE is only paved to the southern end of the project site. Further south it is a dirt road within unincorporated King County. A 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 PRELIMINARY PLAT - 6 barricade was placed across the southern terminus of the paved portion of the road to prevent through traffic into the undeveloped portion of the road. This barricade was placed to accommodate the concerns of property owners to the south when a subdivision was developed on the eastern side of 154th Ave SE. In Ex. 29 Mr. Bettes identifies that the barricade may cause accidents. Bicycles travelling south past the barricade are not able to see a drainage ditch that is three feet below grade south of a cross street immediately south of the barricade. Mr. Bettes is concerned about bicycles, skate boards and motorcycles that frequently travel south past the barricade at full speed. The lack of visibility of the ditch is well-demonstrated in the third photograph of Exhibit 29. Vehicles travelling north on the unpaved portion of 154th Ave SE must also contend with avoiding the same open ditch when reversing direction at the barricade. Mr. Bettes writes many vehicles have driven into the ditch. Finally, in Ex. 15 Mr. Bettes also noted that some vehicles even drive around the barricade onto the sidewalk, also exposing themselves to potentially driving into the ditch. Staff has partially addressed Mr. Bette’s concerns with staff recommended condition No. 12, which requires that the barrier be expanded to prevent any vehicular traffic from going through to the County portion of 154th from the project site. However, the condition doesn’t entirely address the safety issues caused by the ditch. The ditch safety issue is partially attributable to the Applicant because the project necessitates the barrier, which in turn creates the turn-around safety problem on the southern side of the barrier. The project also adds to the sidewalk traffic affected by the hidden grade difference of the ditch. Ex. 29 adequately establishes the existence of a safety problem by Mr. Bettes’ uncontested testimony that many vehicles have driven into the ditch and his photograph in Exhibit 29 showing the limited visibility of the ditch. Resolving the safety problem caused by the ditch is complicated by the fact that the Applicant will be changing the design of the ditch. SEPA mitigation No. 1 of the project gives the Applicant the option of either tightlining the ditch or realigning it. The current safety problems caused by the ditch may be resolved by these required actions. To ensure that they do, staff recommended No. 12 is revised by requiring that the visibility issues raised by Mr. Bettes be addressed by ditch fencing or other warning devices designed to enhance the visibility of the ditch. E. 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. The proposal meets this standard by providing for 12 on-site parking spaces and 12 parking spaces on the right of way. 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 PRELIMINARY PLAT - 7 F. Schools. The proposal will be served by adequate and appropriate schools and walking conditions to and from school. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Heights Elementary, McKnight Middle School and Hazen High School. Any new students from the proposed development would be bussed to their schools. The stop is located at the intersection of 152nd Ave SE and SE 142nd St approximately 0.15 miles from the south end of the project site at 152nd Ave SE. Frontage improvements, to include sidewalks, will be made abutting the frontage of all proposed lots. Existing sidewalks are located on the west side of 152nd Ave SE running from the intersection of SE 138th Pl and 152nd Ave SE (located just to the north of the project area) to the intersection of 152nd Ave SE and SE 142nd St. Students would walk east along SE 5th Pl to 152nd Ave SE or south along 153rd Ave SE to SE 5th Pl then south along 152nd Ave SE to the bus stop at the intersection of 152nd Ave SE and SE 142nd St. A school impact fee, based on new single-family lots, will be required in order to mitigate the proposal’s potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. The 2023 Renton School District impact fee is $2,911.00 (plus a 5% surcharge fee) per new single-family home, however assessed fees for the future residences would be based. G. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development with the payment of required fire impact fees and compliance with recommended conditions of approval, which are adopted by this Decision. 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 issued on December 12, 2022. Adequate public facilities and drainage control are provided as determined in Finding of Fact No. 4. Pertinent impacts are more specifically addressed as follows: 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. Concerns were raised about the eight foot retaining walls proposed along the stormwater tract and lots 11 and 12. Condition of Approval No. 7 requires these heights to be limited to six feet as required by RMC 4-4-040. The six foot height is expressly authorized by RMC 4-4-040, which was extensively revised by the Renton City Council by adoption of Ordinance No. 5747 in 2015 in response to community concern over 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 PRELIMINARY PLAT - 8 aesthetic impacts of retaining walls. As such, conformance to those standards is regarded as a legislative determination of compatible retaining wall development. As mitigated, the proposed retaining walls are found to be consistent with the detailed retaining wall standards adopted by the City Council and are thus found to be compatible with surrounding development. 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. A conceptual tree retention plan (Exhibit 8), arborist report (Exhibit 6), and tree retention worksheet (Exhibit 21) were included with the project application materials. There are 123 trees identified on the project site, of those trees two (2) have been identified as non- viable and 65 trees are located within areas of right-of-way, which results in a total of 56 trees required for retention. Based on the requirement to retain a minimum of 30 percent (30%) of existing onsite trees, the applicant would be required to retain a minimum of 17 trees onsite. The applicant is proposing to retain 28 trees (18 on Lot 7, 10 on Lot 10). In accordance with RMC 4-4-130H1, protected trees may contribute to each residential lot’s required minimum tree density, but any trees that are in excess of an individual lot’s minimum tree density shall not contribute to the total number of trees that are required to be retained for the Land Development Permit. Protected trees that do not contribute to a lot’s required minimum tree density shall be held in perpetuity within a tree protection tract. Both Lot 7 and Lot 10 have an excess of protected trees through retention. As shown on the Tree Retention Plan (Exhibit 8), the applicant has not provided a tree protection tract. Additionally, RMC 4-4-130H1b identifies the priority order in which significant trees shall be retained. The trees identified for retention by the applicant are all Priority Two trees (Other significant native evergreen or deciduous trees). Priority One trees, which the regulations require retention of, include landmark trees and significant trees that form a continuous canopy. The project site has four (4) landmark trees eligible for retention. Further, the arborist report identifies that Tree #97 – 102 have developed as a grove with a shared canopy. This grove is located on proposed Lot 5 and Lot 6 and contains three (3) of the four (4) landmark trees (#97, #100, #101) eligible for retention. Of the five (5) Priority One types of significant trees, landmark trees and significant trees that form a continuous canopy are the highest priority to be retained. As shown on the Tree Retention Plan (Exhibit 8), the applicant proposes to remove this continuous canopy on Lots 5 and 6. In previous email correspondence with the applicant (Exhibit 22), staff indicated support for the applicant providing a tract to retain Priority Two trees along the northern property line of Lot 7 as was previously provided in an earlier iteration of the s ite plan (Submittal v2 received July 18, 2022) in-lieu of providing a tract to retain and protect the continuous canopy and Landmark trees that would likely result in the loss of Lot 5 and/or 6. This 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 PRELIMINARY PLAT - 9 support was on the condition that the applicant would attempt to retain the continuous canopy to the greatest extent feasible within Lots 5 and 6 and retain the significant trees along the northern border of Lot 10. Condition No. 6 provides a detailed plan to meet these objectives, as agreed upon by staff and Applicant in post-hearing discussion (see Ex. 31). C. Critical Areas. There are no critical areas on the project site. D. Cultural Resources. The project is adequately mitigated by a condition requiring an Inadvertent Discovery Plan (IDP) to address potential impacts to cultural resources. The Duwamish Tribe submitted a comment letter, Ex. 17, expressing concern that the project is in an area the Tribe believes to be culturally significant with a moderate probability to have unknown archaeological deposits. The Tribe identified that it would accept the issue to be resolved with an IDP “with attention paid to depths.” Staff have found the Tribe’s concerns to have merit. The stormwater facility will have an 11.37 - foot (11.37’) change in elevation from the top of the pond to the bottom and will necessitate significant excavation to place the facility. Combined with the other grading and clearing work proposed for the site, the potential for damage and/or destruction of archaeological resources is present. Therefore, a condition of approval requires that the Applicant submit an IDP prepared by a qualified professional with the civil construction permit for review and approval by the Current Planning Project manager prior to permit issuance. Conclusions of Law 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. 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. 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. 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. 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 PRELIMINARY PLAT - 10 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 18 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 17 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 internal roads connect to 152nd Ave SE and 154th Ave SE as shown in the site plan, Ex. 2. 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. As testified at the hearing, the proposal is not subject to any adopted plans for streets. 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. As testified at the hearing, the proposal is not subject to any adopted plans for trails. 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 PRELIMINARY PLAT - 11 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: 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 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 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 PRELIMINARY PLAT - 12 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. The internal roads connect to 152nd Ave SE and 154th Ave SE as shown in the site plan, Ex. 2 and no other road connections are possible at this time. As testified by staff, the interior 153rd Ave SE is stubbed on both sides and can be extended to connect to road systems developed in the future to the north and south of the project site. 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. 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. 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 PRELIMINARY PLAT - 13 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. 15. The criterion is met. The proposed street system is well integrated into a current and future street grid design that connects well with surrounding development and the project does not include any cul-de-sacs. 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 PRELIMINARY PLAT - 14 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. 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. Proposed 153rd Ave SE has road stubs on its north and south ends and those locations are the only potential future road connections available to the plat. 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 proposed, each lot will have 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. 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. 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 PRELIMINARY PLAT - 15 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 as shown in the Ex. 2 site plan. 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 drainage reports 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. 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 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 PRELIMINARY PLAT - 16 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. 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. 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. As conditioned. DECISION The proposed preliminary plat as identified in Finding of Fact No. 3 complies with all the subdivision standards quoted above for the reasons identified in the conclusions of law and are therefore approved subject to the following conditions of 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 PRELIMINARY PLAT - 17 1. The Applicant shall comply with the mitigation measure issued as part of the Determination of Non-Significance Mitigated, dated December 12, 2022, as subsequently amended as authorized by applicable law. a. Prior to civil construction permit approval, the Applicant shall rehabilitate the existing stormwater ditch from the existing 18-inch (18”) outfall to the southern driveway at 14024 154th Ave SE. The Applicant may choose to tightline the existing ditch and upsize the existing driveway culverts or regrade/realign the existing ditch and upsize the existing driveway culverts. 2. 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. 3. The Applicant shall submit a detailed landscape plan with the civil construction permit application that clearly identifies the utilities and lighting in the planter strips with street tree species selected from the City Approved Street Tree List. The detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 4. The Applicant shall submit a detailed landscape plan with the civil construction permit application that identifies the onsite street frontage landscaping for each lot that includes a mixture of trees, shrubs, and groundcover. The detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 5. The Applicant shall submit a detailed landscape plan with the civil construction permit application that provides a plant schedule for the stormwater tract screening outside of the fencing area consisting of Douglas Fir, Western Red Cedar, and Western Hemlock with associated shrubs and groundcover as determined by the Current Planning Project Manager. The detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 6. The Applicant shall submit a revised Tree Retention Plan and updated Certified Arborist Report with, or prior to, the civil construction permit application. The revised Plan shall provide a tree retention tract for Trees 11-28 along the northern border of Lot 7. The updated Arborist Report shall thoroughly analyze the feasibility of retaining Trees 1-10 along the northern border of Lot 10 and Trees 97-101 on Lots 5 and 6, including but not limited to a root reconnaissance, recommendations for best practices for construction around Trees 97-101, and evaluation of potential building setback variance reductions that would allow for tree retention. Trees 1 – 10 and any retained Trees 97 – 101 shall not be placed in a tract. The revised Tree Retention Plan and Arborist Report shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance, and the City may hire a third-party consultant paid for by the Applicant for peer review of the Report. If the Arborist Report concludes that it is not possible to construct the proposed homes on Lots 5 and 6 as permitted under applicable zoning with potential building setback variance reductions 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 PRELIMINARY PLAT - 18 without removing all or some of Trees 97-101, or if all or some of Trees 97-101 would not be viable after construction, then the Current Planning Project Manager will allow removal of the trees recommended for removal by the Arborist. If the Arborist Report concludes that any of Trees 97 – 101 can be retained, the Applicant shall provide a surety for monitoring of such trees for five (5) years following completion of the homes on Lots 5 and 6. 7. The Applicant shall submit a revised grading plan with the civil construction permit that reduces the height of the retaining wall on Lot 1 to a maximum of 48 inches (48”) within the secondary front 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 Applicant shall also reduce the height of the rockery retaining wall on the stormwater tract, Lot 11 and Lot 12 to a maximum of 72 inches. The revised plan shall also provide cross sections of the proposed retaining walls and detail sheets of material composition. The revised plan, cross sections and detail sheets shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 8. The Applicant shall submit an Inadvertent Discoveries Plan prepared by a qualified professional with the civil construction permit for review and approval by the Current Planning Project manager prior to permit issuance. 9. The Applicant shall provide a plat note with corresponding recorded easement for Lots 6 and 7 identifying the purpose of the emergency vehicle access turnaround and the lot owner’s responsibility for keeping the turnaround clear of obstructions. As the turnaround is temporary until the street is eventually extended and makes a connection that provides full emergency vehicle access, the future homeowners of Lot 6 and 7 may extinguish the easement at such time with Renton Regional Fire Authority and Department of Community and Economic Development approval. The plat and easement language shall be reviewed approved by the Current Planning Project Manager prior to plat recording. 10. The Applicant shall submit revised drawings with the civil construction permit application that provides curb, gutter, eight (8) foot wide planter strip, and five (5) wide sidewalk along the east side of 153rd Ave SE abutting APN 1463400017. The revised drawings shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 11. The Applicant shall provide revised drawings with specifications with the civil construction permit application for temporary dead-end street signage and barricade at the terminus of the paved roadway of 153rd Ave SE. The revised drawings shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. The signage and barricade shall be installed prior to plat recording. 12. The Applicant shall submit revised drawings with the civil construction permit that provides specifications for a barrier matching the existing barrier at the city/county line to prevent through vehicle traffic from using 154th Ave SE. The barrier shall not prevent pedestrian and bicycle traffic from passing through it. The matching barrier shall be installed prior to plat recording or earlier as determined by the Current Planning Project 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 PRELIMINARY PLAT - 19 Manager if vehicle pass through traffic is able to occur at or near the completion of the 154th Ave SE construction. As determined necessary by public works staff, the revised drawings shall also including ditch fencing or other warning devices that enhance the visibility of the ditch located on the south side of the barrier to prevent motor vehicles and bicycles from driving into the ditch as identified in Finding of Fact No. 5D. Given that the Applicant will be altering ditch design as required by MDNS Condition No. 1, it is recognized that no fence or other warning device may be necessary. 13. The Applicant shall submit revised drawings with the civil construction permit application that provide pedestrian bulb-outs at intersections where on-street parking is located. To ensure maximized on-street parking capacity, any needed fire hydrant placement along SE 5th Pl shall be located along the north side of the street. The revised drawings shall be reviewed and approved by the Current Planning Project Manager prior to permit approval. 14. All proposed street names shall be approved by the City. 15. 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. 16. 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 City. 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 City. 17. 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 developer 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. 18. 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 City. All surveys shall be per the City of Renton surveying standards. All other lot corners shall be marked per the City surveying standards. The Applicant shall install all street name signs necessary in the subdivision. 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 PRELIMINARY PLAT - 20 DATED this 30th day of January, 2023. 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.