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HomeMy WebLinkAboutD_Canopy_PUD_Decision_230406_v11 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, PUD, VAR - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Canopy PUD and Preliminary Plat Preliminary Plat, Preliminary Planned Unit Development and Critical Areas Variances LUA19-000223, PUD, PP, VA-H FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION SUMMARY The applicant is requesting Preliminary Plat, Preliminary Planned Urban Development (PUD), and Critical Areas Variance to subdivide five (5) existing lots into 55 single-family residential lots and 8 tracts. The applicant has also requested alterations to a wetland abutting Lincoln Ave NE and wetland buffer reductions on the north portion of the subject property. A critical areas variance has been requested to encroach into a protected slope on the southern portion of the subject property near NE 40th St. and a localized area in proposed Alley 3 in the central portion of the subject property. Proposed pedestrian improvements within stream and wetland areas will require a future critical areas exemption. The preliminary plat, PUD, critical areas variances and standards modifications are approved subject to conditions. 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, PUD, VAR - 2 TESTIMONY City Testimony Matt Herrera, Renton Senior Planner, summarized the staff report. The applicant has proposed a 55-lot cluster subdivision with open space, native growth protection areas and stormwater facilities. This is a planned urban development application. The site is 10-acres. The topography is steep and treed. The site is zoned R-8. There is a wetland on the northern portion of the property as well as protected slopes and landslide hazard areas. Access is provided from Lincoln Avenue NE and NE 40th Street via an internal road. There will be three private alleys servicing 45 of the lots. The open space tract will provide for passive recreation. The applicant proposes to fill the wetland on site and provide on-site mitigation. Two wetland buffers and the stream buffer are proposed for encroachment with mitigation. There will also be buffer averaging. There are several proposed PUD Modifications including size, width and length modifications for lot dimensions; front and rear setback alterations; dwelling height modifications; modifications to the height of retaining walls; and building and impervious coverage modifications (FOF 16 of Staff Report). There will be several architectural forms with different roof configurations, paint schemes and surface treatments. All the homes will be three story but appear from street level to be one to three story homes because of the topography. The site has 234 healthy significant trees outside of critical areas. Seventy of the trees must be retained. The applicant has asked to reduce that number to 19 significant trees. The staff support this with recommended conditions of approval. Landscaping will be augmented by staffs’ recommended conditions of approval and will retain large trees in the natural areas and range in size depending on the use. Replacement trees that cannot be sited shall be compensated by fee in lieu. The applicant wants to increase the retaining wall heights from the six-foot max to 10 feet. Many of the walls will be obscured by the homes. Staff supports the applicant’s geotechnical analysis. The staff included recommendations of approval regarding the façade appearance of the retaining walls. There are several critical areas on the site including four wetlands and landslide hazard areas. There is also a non-fish perennial stream. The applicant proposes to fill Wetland A to allow for the stormwater vault. Compensatory mitigation will be enhancement to Wetlands B and D in a 3:1 ratio. Wetland B buffer will be averaged. There will be a reduction in one area but increases in others for an overall increase in the buffer area. The applicant will enhance the area near the right of way take. There will be no impacts to Wetland C. Wetland D will be encroached, but increased mitigation will be provided. The applicant will also provide stream buffer mitigation. The reduction of the stream buffer will be averaged for an increase in buffer overall. There will also be buffer enhancement. The site has geologically hazardous areas. The applicant has requested a critical areas variance to encroach on the slope setback. The City’s contracted geoengineer has reviewed the applicant’s report and generally agrees with the recommendations. There were no special buffers or setbacks required 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, PUD, VAR - 3 there is no risk of slope failure. The City’s Environmental Review Committee issued a SEPA MDNS with mitigation measures related to the critical areas variance. Staff supports the variance. As part of a planned urban development, applicants is required to demonstrate that the final product provides public benefit. The applicant will provide an off-site parcel with significant critical areas. The applicant will enhance the degraded areas and buffers and protect the undeveloped property in perpetuity. The City or the HOA will take responsibility for long term ownership. It may be a tract within the plat that will be the responsibility of the HOA. The applicant will also extend trails in the site into trails in nearby neighborhoods. Frontage improvements will also be extended beyond the project boundaries. As part of the PUD regulation, each lot must have private on-site open space and common open space. There are modifications to the dimensional requirements of several lots however all meet the minimum square footage. There are is just over an acre of active recreational space on the site. There is a concentrated open space tract (Tract F) which is 5,700sf in the central portion of the subdivision. The open space exceeds minimum code requirements. With respect to stormwater, there will be two vaults on the northeast portion of the property in Tract A and F. There will also be a pond that provides flow control and water quality. The Renton Regional Fire Department has approved a minor modification to the turn around. Frontage improvements will be provided per code. The PW Transportation Division had the applicant study two offsite intersections. There will be no change in the Level of Service for these intersections. The intersections will be improved by planned Sound Transit improvements. The sewer service will be provided by Coal Creek. Parts of the property will be in Coal Creek’s water jurisdiction while other parts are within the City’s jurisdiction. The City issued an MDNS on July 13, 2020 with several mitigation measures. Staff recommends approval subject to the recommended conditions of approval. Mr. Herrera provided amendments to the staff report based on conversations with the applicant. These included Lots 1-29 having a four-foot rear yard setback; Lots 1-6 will have an 11-foot front yard setback; and lots 48-55 will have a four-foot rear yard setback and a 14-foot front yard setback. Condition of approval #3 will be revised as well. In response to the examiner, Mr. Herrera stated the three stories of the proposed homes will be visible off site as the full three stories are completely visible from Lincoln Avenue. Staff’s position is that topography of the slope is such that building these tall homes is better than the use of multiple retaining walls. The homes are aesthetically pleasing, though they exceed the height standards of the site. The homes will be partially obscured by landscaping as it matures. The foundations will be built into the hillside. The homes appear smaller from Road A than they do from behind. The foundation takes up the hillside. They could either terrace and allow homes to be two stories or take up the grade with the homes themselves rather than a lot more and a lot taller retaining walls. This solution minimizes 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, PUD, VAR - 4 terracing and the number and height of retaining walls. These homes will be visible from Lincoln Avenue, but the landscaping will eventually obscure the lower stories for the homes along the frontage. The City will require larger tree species. Also, in response to the examiner, Mr. Herrera stated the trees on the landscape plan that are large are existing and will be retained. The tract to the east of the site is developed with single family homes. There is no landscaping buffer in this area. These homes will be looking at a retaining wall. This wall is subject to one of the modifications. The maximum height will be nine feet. The proposal is a ready rock wall but could be required to be a green flex wall. These homes will be looking at three story homes. Mr. Herrera stated the existing trees should create a sight obscuring buffer to the east. Mostly trees will obscure the views from surrounding properties. The common themes at the neighborhood meetings were traffic and the appearance of the homes. Applicant Testimony Holli Heavrin of Core Design is the engineer for the project. Ms. Heavrin thanked the staff for their presentation and stated the applicant concurs in general. Development should be in 2021 and 2022. The applicants do generally agree with the staff report; however, they have issues with the setbacks on lots 48-55. The applicants want more than the staff allowance of 14-foot setbacks. They want to go to 10- feet but could perhaps accept 12-feet. The 14-feet the staff allows, will not work. With respect to retaining walls, the ready rock wall on the western property line cannot be done in a green wall. The wall must be reinforced. Public Testimony John Pugh owns the property across the street on the west side of Lincoln Avenue. They are encouraged by the project. They are only concerned about the stormwater. Stormwater gets dumped on their property. It gets dumped into a wetland. They don’t want to see that wetland size increased. Staff Rebuttal Mr. Herrera wanted to clarify that the stormwater review will take place under the City of Renton Stormwater Manual. The project will have to meet the City’s requirements. Stormwater should be metered out and not overrun Mr. Pugh’s property. With respect to the front yard setbacks on Lots 48-55, the City staff prefer the lots on Road A must meet the zoning standards of 15-feet as is required by the zone. City staff will be amenable to reducing that to 14-feet. The applicant can make it work for Lot 53; therefore, it should be made to work on the other lots. The floorplans will need to be changed, but the staff believe that the minimum 15-foot separation from the homes to Road A. Mr. Michael Sippo, Renton Civil Engineer, stated in regard to the concerns about stormwater, the Renton design manual has strict requirements about discharge from the vaults. The vaults will trickle flow the stormwater out to not overwhelm adjacent properties. A portion of the site naturally drains to 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, PUD, VAR - 5 the wetlands. Construction will divert the water in a new direction, but the applicant will be required to maintain the existing wetland hydrology. There will be no increase to allow flooding of the adjacent property. Mr. Pugh asked if he could have input. He’d like to see less water come on to his property provided it will preserve wetland functions. Applicant Rebuttal Ms. Heavrin stated the applicant will work with the City and Mr. Pugh to ensure the wetland is preserved without flooding Mr. Pugh’s property. With respect to Mr. Herrera’s comment regarding the setbacks on Lots 48-55, the City’s contention that the standard setbacks could work on Lot 53 is incorrect. The units have upper floors that connect to the posts on the front stoops. Mr. Herrera is measuring from a different location on the façade. The PUD requirements requires so much variation that they cannot use the same home type on each lot. They still need the front yard setback modifications. The setback intent is to provide privacy. This will be maintained as the front windows are more than six feet of the ground and landscaping will be provided. EXHIBITS Exhibits 1-41 listed on page 2 of the September 1, 2020 Staff Report were admitted into evidence during the public hearing. Additional exhibits admitted during the hearing are as follows: Exhibit 42 – Staff Power Point Presentation Exhibit 43 – City of Renton COR maps Exhibit 44 – Google Earth Exhibit 45 – Applicant’s PowerPoint FINDINGS OF FACT Procedural: 1. Applicant. Benjamin Paulus of Blue Fern, 11232 120th Avenue NE, Suite 204, Kirkland, WA 98033. 2. Hearing. A virtual hearing on the application was held on September 1, 2020 via Zoom. 3. Project Description. The Applicant is requesting preliminary PUD and preliminary plat approval for a 55-lot single family residential subdivision located at 4196 Lincoln Avenue NE. Access to the site will be via a new residential access street with ingress/egress at Lincoln Ave NE and NE 40th St. Vehicle access to a majority of the newly created lots will be via three alleys. Pedestrian access will be provided on standard five-foot-wide sidewalks buffered from the street by an eight-foot planter 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, PUD, VAR - 6 strip along the new street within the subdivision. The subject property is 10.1 acres. The proposed net density is seven dwelling units per acre. The subject property contains several critical areas including a stream, four wetlands and a protected slope (Ex. 15-17). The stream on the northeastern corner of the site is Non-Fish Perennial. The four wetlands are located on the far western and far eastern portions of the property. All have been rated Category IV. The applicant has proposed to average and enhance the stream buffer and three wetlands buffers. One wetland will be filled. The applicant has requested alterations to a wetland abutting Lincoln Avenue NE and wetland buffer reductions on the north portion of the subject property. A critical areas variance has been requested to encroach into a protected slope on the southern portion of the subject property near NE 40th Street and a localized area in proposed Alley 3 in the central portion of the subject property. This will allow the construction of six single family dwellings and their appurtenances. Proposed pedestrian improvements within stream and wetland areas will require a future critical areas exemption. As a component of the PUD public benefit package, the applicant proposes to purchase an off-site parcel located on the west side of Lake Washington Boulevard NE at the intersection of SE 73rd Street to enhance and preserve the wetlands, stream and significant trees on site. The five subject parcels contain two existing single-family homes and vacant space. The existing homes and associated structures will be demolished. The lots will be located throughout the site, though there is open space proposed on the northern and eastern property boundaries. There will be a total of eight additional tracts for roads, alleys, stormwater and open space retention. Lots will range between 2,220sf and 4,000sf. Requested PUD modifications are summarized in the following table copied from the staff report1: RMC Code Citation Required Standard Modification RMC 4-2-110A and RMC 4-7-170 Minimum Lot Size 5,000 square feet All 55 lots are substandard as identified in FOF 19 Zoning 1 At hearing, City Staff and the Appellant each testified to recent agreements to alter the requested front and rear yard setbacks as presented in the table with respect to RMC 4-2-110A. City staff argued they will accept a 14-foot front yard setback for Lots 48-55. However, the Appellant argued that the maximum setback they could accommodate while still meeting the design standards and the intent of the PUD code was 12-feet. The Appellants made a convincing argument in this regard in that the design of the homes for these lots does appear to differ from Lot 53, the lot staff referenced for comparison to show that 14-foot setbacks were feasible. They hoped for a 10-foot minimum front yard setback for these Lots. The original staff report language for these changes is struck in the text and new text as described in the hearing and herein is shown in underline to identify the PUD modifications approved by this Decision. 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, PUD, VAR - 7 RMC Code Citation Required Standard Modification and Development Standard Compliance: Lot Dimensions RMC 4-2-110A and RMC 4-7-170 Minimum Lot Width 50-feet, 60- feet corner lots All lots are substandard as identified in FOF 19 Zoning and Development Standard Compliance: Lot Dimensions except for Lots 6, 30, and 40. RMC 4-2-110A Minimum Lot Depth 80-feet All lots are substandard as identified in FOF 19 Zoning and Development Standard Compliance: Lot Dimensions except for Lots 16 and 48. RMC 4-2-110A Minimum Front Yard 20-feet except 15-feet for alley access lots Lots 1-6: 12-feet 11-feet Lots 30-40: 15-feet w/20- foot garage setback Lots 41-47: Range of 6-feet to 10-feet from paved edge of alley. Lots 48-55 will have a 12- foot front yard setback. RMC 4-2-110A Minimum Rear Yard 20-feet 5-foot setback Lots 1-29 and 48-55 will have a 4-foot rear yard setback RMC 4-2-110A Maximum Building Coverage 50- percent Maximum building coverage based on entire plat. RMC 4-2-110A Maximum Impervious Surface Area 65-percent Maximum impervious surface area based on entire plat. RMC 4-2-110A Maximum Wall Plate Height 24- feet 30-feet with 6-foot increase for roofs pitched at a minimum ratio of 4:12 RMC 4-2-110A Maximum Number of Stories 2 3-stories 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, PUD, VAR - 8 RMC Code Citation Required Standard Modification RMC 4-2-115E.3 Façade Modulation Lots 1-5 and 27-55 substandard in second story offset. RMC 4-2-115E.3 Windows and Doors 25-percent of all street and public space facades Substandard for side elevations on Lots 1,7,16,17,29,30,40, and 55. Modification considered at building permit review, see FOF 23 Design Standards: Windows and Doors. RMC 4-2-115E.3 Eaves 12-inch projection from roof Substandard for single-gable roof model homes. RMC 4-2-115E.3 Architectrual Detailing 3.5 inch trim No trim at opening located within panel siding and/or cedar accent siding. RMC 4-4-040D Maximum Wall Heights 6-feet Up to 10-feet RMC 4-6-060F.2 Residential Access Street ROW Width 53-feet Road ‘A’ narrowed to 50- feet in limited area RMC 4-6-060F.2 Residential Access Street Planter Strip Width 8-feet between curb and sidewalk Road ‘A’ narrowed to 5-feet behind sidewalk in limited area RMC 4-6-060F.2 Residential Access Street Planter Strip Width 8-feet between curb and sidewalk and 5-foot wide sidewalk NE 40th St varied and meandered to accommodate existing tree retention. RMC 4-6-060F.2 Collector Arterial 8-foot parking lane 2-feet of clear back of sidewalk Lincoln Ave NE no parking lane or two (2) feet clear back of sidewalk. RMC 4-9-150E.2 Private open space at least 15- feet in every dimension Lots 1-5, 30-39, and 42-47 substandard in dimension, but compliant in overall square footage. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and appropriate infrastructure and public services as follows: 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, PUD, VAR - 9 A. Water and Sewer Service. Water and sewer service will be provided by the City of Renton and the Coal Creek Utility District. The eastern portion of the property is located within the Coal Creek Utility District. There is an existing 12-inch diameter City of Renton water main located in Lincoln Avenue NE. The western portion of the subject property is within the City’s water service area and the eastern portion of the property is located in the Coal Creek Water and Sewer District. As shown on the water plan (Exhibit 39), the applicant has proposed a 12-inch water main extension in Lincoln Ave NE connecting into the required 10-inch water main extension servicing the west side of the development. The applicant will be required to submit a final utility plan with the construction permit application that complies with the civil plan review comments provided in the Advisory Notes (Exhibit 28). The entire site is within the Coal Creek Water and Sewer District. The sewer plan (Exhibit 40) indicates the applicant will install 8-inch PVC mains within Road A, Alley 2, Alley 3, and the vault access road to service the development. A copy of the approved sewer plans will be required prior to issuance of the civil construction permit. B. Police and Fire Protection. The Renton Regional Fire Authority has determined the preliminary fire flow demand for the site will be 1,500 gallons per minute. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees including but not limited to approved fire sprinkler systems for Lots 41-47 and the vault access road is improved to emergency access surface, width, and turnaround standards to service Lots 1-6. The 2020 Fire Impact Fees are $829.77 per new single-family residence. The fee in effect at the time of building permit application is applicable to this project and is payable at the time of building permit issuance. C. Drainage. The proposal provides for adequate and appropriate stormwater drainage facilities. The subject property does not contain stormwater facilities. Runoff from the site sheet flows from east to west and flows into the storm drainage system within Lincoln Avenue NE. The runoff eventually flows to Lake Washington. The applicant’s Technical Information Report (TIR) prepared by Core Design, dated April 26, 2019 (Exhibit 11) indicates existing stormwater flows generally run from east of the property to the west towards Lincoln Ave NE. The stormwater then eventually flows through a system of conveyances before discharging into Lake Washington. The proposal requires full drainage review under the 2017 Renton Surface Water Design Manual (RSWDM) as the proposal will be adding more than 7,000 square feet of new 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, PUD, VAR - 10 impervious surface. The Report analyzes offsite drainage and the project’s surface water collection and distribution. A final TIR addressing items in the Advisory Notes (Exhibit 28) will be required to be prepared and submitted with the civil construction permit. Based on the City’s flow control map, the site falls within the Flow Control Duration Standard area matching Forested Site Conditions and is within the East Lake Washington Drainage Basin. As provided in the TIR and shown in the drainage control plans, the applicant will construct two subsurface detention vaults in Tract H (Storm Vault 1) and Tract A (Storm Vault 2) on the northwestern portion of the property abutting Lincoln Ave NE. Flow control Best Management Practices (BMPs) were preliminarily analyzed in the TIR resulting in perforated pipe connections from roof downspouts. Further BMP analysis will be required during the final TIR preparation as indicated in the Advisory Notes. The applicant will use sediment and dead storage underneath the live storage in Storm Vault 2 to comply with the basic water quality treatment requirements of the City’s design manual. The treatment facility will provide the required pollutant removal target or 80% Total Suspended Solids. The applicant will be required to submit a final TIR with the construction permit application that complies with the RSWDM and civil plan review comments provided in the Advisory Notes (Exhibit 18). Existing hydrology to wetlands off-site will be maintained. D. Parks/Open Space. The proposal provides for adequate and appropriate parks and open space. The applicant provided a Preliminary Open Space Plan (Ex. 36) and a Preliminary Private Open Space Plan (Ex. 37). The proposed subdivision will be clustered in three (3) blocks with much of the eastern and northeastern portion of the subject property set aside in native growth protection areas and passive open space. Open spaces also separate blocks, which are connected via pedestrian trails. The clustered design of the subdivision results in smaller lots and modest home sizes, however the density of the subject property remains compliant with the R-8 zoning limitations and large expanses of the site remain either undeveloped or integrated as usable open space which is atypical in a traditional single-family subdivision. Several passive and active open space areas are located in the subdivision connected by a pedestrian trail system and further connected across the roadway via street enhancements. Front yard setbacks are oriented to an open space tract and pedestrian pathway instead of a street and rear yards are separated by an alley thereby providing separation from adjacent neighbors. The design of the plat incorporates shared programmed and passive open spaces in place of private backyards. The step down of the Canopy site and open space buffer between the homes and eastern border will preserve views for the adjacent single-family home properties located in the City of Newcastle when they develop in the future. Open space and native growth protection areas will 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, PUD, VAR - 11 buffer the development from the northern neighbor and a limited access alley will separate the plat from the western two (2) properties. The applicant has proposed a pedestrian trail system through the site’s open space and native growth protection area tracts. Along the eastern border of the subject property, an unimproved 30-foot wide ROW runs parallel in a north/south direction. The applicant has proposed to extend the onsite pedestrian trail system onto the public ROW and extend north to intersect with an existing east/west pedestrian trail on an unimproved ROW between NE 43rd St and SE 80th St that connects to Lincoln Ave NE. This public trail is anticipated to provide views of Lake Washington and the Olympic Mountains. A SEPA mitigation measure will require the applicant to design the trail to have minimal impact to the wetland, stream, and their buffers. Common open space will be provided in Tracts A, B, C, G, H, J, and K totaling 46,137 square feet. Open space in Tracts C and G will be limited to trail alignment and open space areas abutting the hammerhead in Alley 2. Active open space will be provided in Tracts B and K with playground and exercise equipment and passive spaces provided A, H, and C with expansive lawn area, seating, trails, landscaping, and view stations. The applicant has incorporated the stormwater facilities in Tracts A and H into the open space, however the facilities are vaults with expansive lawn, seating areas, and pedestrian paving. Staff recommends these areas be credited with the common open space calculation. Concentrated open space will be provided in F totaling 5,745 square feet and programmed with play structures, seating, gathering space, and landscaping. The concentrated space is located in the central portion of the site and is connected via sidewalk, pedestrian trails, and the traffic control/pedestrian crossing enhancement on Road A. To ensure quality of open space appurtenances and trail materials, a condition of approval will require the applicant to submit a final open space plan with the civil construction permit application that provides detailed landscaping plans, detail sheets of playground, exercise equipment, seating, tables, fencing, view stations, and other street furniture, trail and gathering space surface materials, and final square footage calculations of each open space area. The final open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. As the subject property slopes downward toward Lincoln Ave NE and there are limited retaining walls on the site, it is unclear how the slopes will affect the usability of active and passive open spaces. Therefore, a condition of approval will require the applicant to submit cross sections with the final open space plan of each open space area that includes slope percentage calculations. Terracing with limited height retaining walls may be required to obtain level grades if the Current Planning Project Manager determines this is an optimal alternative to 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, PUD, VAR - 12 steeper grades in the open space areas. The cross sections, slope calculations, and if needed, terraced retaining walls shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. It is unclear from the landscaping plan (Exhibit 5) how each lot will demarcate their respective private ground floor spaces. Therefore, a condition of approval will require the applicant to submit a revised private open space plan with the civil construction permit application that provides defined edges for each of the lots’ ground floor private open spaces. Demarcations can include landscaping, low level fencing, hardscapes, and/or other features approved by the Current Planning Project Manager. The revised private open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. City ordinances require the payment of park impact fees prior to building permit issuance. A Park Impact Fee will be required for the future single-family residences. The 2020 Park Impact Fee is $3,945.70 per new single-family residence. The fee in effect at the time of building permit application is applicable to this project and is payable at the time of building permit issuance. E. Streets. The proposal provides for adequate and appropriate streets. The proposal has been designed and staff has recommended several conditions adopted by this decision that provide for safe and efficient vehicular and pedestrian circulation by incorporating a well linked and defined pedestrian and vehiculation system on-site that is integrated into adjoining streets and sidewalks. The proposal has also been reviewed by City Public Works staff and found to preliminarily comply with City street standards. Access to the proposed PUD subdivision will be from a new public residential access street noted as Road A on the preliminary plat (Exhibit 4) intersecting at Lincoln Ave NE on the northwest corner of the site and NE 40th St. on the southeast corner of the site. The new street will provide through two-way access with no dead-end. Three private alleys within the plat will provide vehicle access to lots with the exception of Lots 30-40 that will have shared driveways equaling six (6) curb cuts along the east side of Road A. The applicant submitted a TIA with the land use application prepared by Transportation Engineering NW (TENW) dated April 24, 2019 (Exhibit 26). Level of Service (LOS) in 2021 with and without the project will remain generally the same at the two (2) offsite study intersections located at I-405 southbound ramps/NE 44th Street and I-405 northbound ramps/Lake Washington Blvd NE/NE 44th Street. Site access LOS at Lincoln Ave NE and Monterey Pl NE/NE 40th Street will operate at B or better with or without the project in 2021. 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, PUD, VAR - 13 The applicant will be required to construct Road A to residential access street standards that include two 10-foot wide travel lanes, one 6-foot wide parking lane with pedestrian bulb-outs near intersections, two ½ foot wide curbs with gutters, two 8-foot wide planter strips, and two 5-foot wide sidewalks within a 53-foot ROW. Alley 2 on the northeast portion of the property also provides emergency access for Lots 41-47 so it will provide 20-feet of paved width with a hammerhead turnaround. A portion of the ROW width narrows to 50-feet between stations 13+00 and 14+00 along the northern curve of Road A across the street from Lot 7. The sidewalk meanders to behind the curb and a planter strip 5-feet in width will be located behind the sidewalk and between the retaining wall. Staff supports and this Decision approves this modification as it provides the required three (3) foot setback for retaining walls from the ROW, it is relatively minor in scope, and the applicant has agreed to plant an additional row of street trees behind the sidewalk west of the narrowed street as shown on the landscaping plans (Exhibit 5). The project site contains frontage along Lincoln Ave NE, a collector arterial, and NE 40th St, a residential access street. The applicant will be required to construct half-street frontage improvements along the subject property frontage abutting both streets. Additionally, the applicant will construct offsite frontage improvements along NE 40th St west of the subject property frontage to the intersection of Lincoln Ave NE as shown on the civil site plan (Exhibit 6) as an identified public benefit for the PUD application and integrated as a SEPA mitigation measure (Exhibit 1). Frontage improvements along NE 40th St include 0.5-foot curb, 8-foot wide planter strip, and 5-foot wide sidewalk. Due to mature evergreen trees in and around the NE 40th St. frontage, the applicant has requested a modification to the residential access street standards that will allow the planter strip and sidewalk alignment and widths to vary to retain existing mature trees in the ROW and abutting property frontage. A condition of approval will require the applicant to submit a revised arborist report with the civil construction permit that analyzes the health and viability of existing trees in and around the NE 40th St frontage and provides recommendations for the well-being of the trees while the frontage is under construction including monitoring, tree and root protection, irrigation, pruning, etc. during and post construction to ensure the safety and vitality of the trees. The revised arborist report shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. Frontage improvements along Lincoln Ave NE include 0.5-foot curb, 8-foot wide planter strip with street trees, and 8-foot wide sidewalk. As part of the PUD modification, the applicant has requested to exclude the 8-foot wide parking lane and 2-feet clear space behind the sidewalk, which was supported by staff and approved in this Decision as it will provide a consistent paved edge alignment along the street corridor. 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, PUD, VAR - 14 With the exception of Lots 1-6 and 41-47, emergency vehicle access to each of the proposed lots will be provided by Road A. Proposed Alley 2 is in excess of 300-feet and per RMC 4-6- 060H.2 requires a cul-de-sac turnaround for emergency vehicles. The applicant has corresponded with Renton Regional Fire Authority (Exhibit 35) regarding the proposed hammerhead turnaround and the fire authority has determined the modified turnaround is acceptable if the Lots 41-47 contain approved fire sprinkler systems. A condition of approval will require the applicant to install approved fire sprinkler systems for Lots 41-47 as shown on the preliminary plat (Exhibit 4) and a plat note shall be included on the final plat document that indicates homes on Lots 41-47 require approved fire sprinklers. The plat note shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. Emergency access to Lots 1-6 will be obtained via the vault access road shown in Tract H. This access road will be multipurpose serving the need for emergency access, vault access, pedestrian streetscape for Lots 1-6, and open space A condition of approval will require the applicant to submit an emergency and vault access road detail exhibit with the civil construction permit application. The exhibit shall provide details of the road width and hammerhead turnaround meeting the specifications of the Renton Regional Fire Authority with paved materials that are complementary to pedestrian and open space environments while meeting the needs of fire apparatus such as scored and/or stamped concrete, pavers, or other comparable materials as approved by the Current Planning Project Manager. The access road shall be pulled out of Tract H and placed in a separate tract and easement that will limit use to emergency, vault access, and open space and the tract/easement shall be named for the purpose of addressing Lots 1-6. The exhibit shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. Tract and easement language for the road shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. The applicant proposes a pedestrian trail system though Tracts C, G, and H. Additionally, the trail within Tract C will connect to an offsite trail the applicant proposes to construct as an identified public benefit with the PUD application within an unimproved ROW abutting the eastern portion of the property that will connect to an existing pedestrian pathway within the unimproved portion of NE 43rd Ave that connects to Lincoln Ave NE. Additionally, the applicant proposes traffic control measures on Road A that will duel as open space connections from Tracts A to H and Tracts B to F as shown on the landscaping plans (Exhibit 5). This linkage is integral to the site’s overall system of pedestrian pathways as it provides the cross- street links needed to connect the network from the open space abutting Lincoln Ave NE to the offsite trail on the far eastern portion of the property between Lots 40 and 41. This modification to integrate unique traffic control measures on the internal residential access street (Road A) in the areas noted in the landscaping plan is approved by this Decision. To ensure the control 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, PUD, VAR - 15 measures also integrate and delineate on-street pedestrian trail connections, a condition approval will require the applicant to submit a traffic control/pedestrian enhancement exhibit for Road A with the civil construction permit application. The exhibit shall provide details of the traffic control measures and pedestrian connections that connect Tract A to Tract H and Tract B to Tract F. The enhancement shall include features such as raised concrete providing a level crossing similar to a “festival street” cross section with the planter strip replaced with street trees in grates and/or other pedestrian and traffic control features as approved by the Current Planning Project Manager. The Road A traffic control/pedestrian enhancement exhibit shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. The proposal has passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Exhibit 27), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, and future payment of appropriate Transportation Impact Fees. The 2020 Transportation Impact Fee is $7,820.42 and will be assessed at the time of building permit issuance. F. Parking. The proposal provides for adequate and appropriate parking. Parking regulations require that a minimum of two (2) parking spaces be provided for each detached dwelling. Sufficient area exists, on each lot, to accommodate off-street parking for a minimum of two (2) vehicles. Each new home will contain a two-car garage (Ex. 33). G. Schools. According to the staff report, it is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Hazelwood Elementary, Risden Middle School, and Hazen High School. New students from the proposed development will be bussed to their schools. The stop is located approximately 0.05 miles from the project site at Monterey Pl NE and NE 40th St. Students will walk along the new sidewalk constructed by the applicant on Road A and NE 40th St to the bus stop. A School Impact Fee will be required in order to mitigate the proposal’s potential impacts to the Renton School District. The 2020 School Impact Fee is $6,862.00 per new multifamily residence. The fee in effect at the time of building permit application is applicable to this project and is payable at the time of building permit issuance. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. 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 proposal will construct single-family residential dwellings at a rate of approximately seven (7) units per net 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, PUD, VAR - 16 acre. The subject property is bordered by single-family development on the north and south sides. There is vacant property on the east side within the City of Newcastle. On the west side is multifamily residential and vacant land. Surrounding zoning is R-8, the same as the subject’s, to the north and south; commercial arterial to the west and R-4 in the City of Newcastle to the east. The subject’s zoning provides a transition between the commercial and multifamily uses to the west and the lower density single family residential zoning to the east. The lots will be located throughout the site, though there is open space proposed on the northern and eastern property boundaries. Key features, which are integral to this project include a cluster style subdivision containing unique contemporary single-family architecture that steps down the hillside and provides active and passive open spaces connected via an on and offsite system of pedestrian pathways and mid-block street enhancements. A majority of the homes are accessed via alleys resulting in limited curb-cuts on the internal spine road. The public benefits of offsite trails and frontage improvements in addition to the restoration and preservation of the offsite benefit parcel are commensurate to the requested modifications to the development standards. Retaining walls are limited due to the applicant’s design of the single-family home’s foundations that take up much of the grade on the site. Retaining walls that are over the six (6) foot height limitation are mainly obscured from view due as the larger sections are located in the rear yards of the far eastern lots. Stormwater is contained in underground vaults and the surface is designed to function as usable open space. Given the height of the walls, the aesthetic impact requires additional scrutiny to ensure the large walls are compatible with the scale of single-family residential development. A condition of approval will require the applicant to submit detailed specifications of all Redi-Rock retaining wall veneers regardless of height with the civil construction permit application. The veneers shall have a scale similar to brick or other small-scale material as approved by the Current Planning Project Manager. The detailed specifications shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. B. Tree Retention. The proposal complies with the City’s tree retention standards, thus ensuring that in conjunction with the City’s landscaping requirements that impacts to wildlife habitat and aesthetics are adequately mitigated. The project site contains 377 trees as indicated in the arborist report prepared by Washington Forestry Consultants, dated June 3, 2019 (Exhibit 12) and the corresponding preliminary tree retention plan (Exhibit 13). Of the 377 trees on the subject site, 143 trees are dead, diseased or dangerous, located within areas of proposed streets, or located in critical areas and their buffers resulting in a site total of 234 significant trees. In order to meet RMC thirty percent (30%) retention requirements the applicant will be required to retain 70 significant trees. The applicant has proposed to retain 19 trees or approximately eight percent of the subject property’s significant trees due to slopes on the subject property and the necessary grading to support homes and infrastructure on the new lots. The proposed retained trees outside of critical areas are located in the southeastern portion of Tract C and a small area in the northwestern portion of the site in Tract 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, PUD, VAR - 17 The applicant has requested the ability to replace the remining significant trees (22%). This will require the replacement of 612 replacement caliper inches or 306 two-inch caliper trees. The replacement trees need to be commensurate to the mature species size as those that are requested to be removed. As shown in the arborist report, the applicant proposes to remove mature large species trees such as Douglas Fir, Western Red Cedar, and Big-Leaf Maple that are in fair and good condition. The applicant’s arborist report (Exhibit 12, page 6), recommends Douglas Fir planting in open areas, but no such planting is proposed in the landscaping plan (Exhibit 5). Therefore a condition of approval will require the applicant to revise the planting schedule on the detailed landscaping plan to be submitted with the civil construction permit to provide greater planting of native evergreen trees in open space and native growth protection area tracts. Large size maturing trees such as Douglas Fir, Western Red Cedar, Western Hemlock, and other comparable species as approved by the Current Planning Project Manager shall be provided. The detailed landscaping plan shall be reviewed and approved prior to permit issuance. Due to the large number of new trees needed to comply with the City’s replacement requirement and the recommended condition for the addition of large size maturing trees noted above, a further condition of approval will require the applicant’s certified arborist to review the detailed landscape plan to be submitted with the civil construction permit and provide written recommendations on tree spacing for the new trees within the plat. As a result of the arborist’s review, if there remain outstanding tree replacement caliper inches due to spacing limitations, the remaining tree replacement caliper inches shall be satisfied via fee-in-lieu in the City Urban Forestry Program fund. The detailed landscape plan and certified arborist tree spacing recommendations shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. It does not appear on the landscaping plan (Exhibit 5) that each lot contains the minimum density of two (2) trees per 5,000 square feet. Lots 1-6 will likely meet the requirement based on the tree planting condition noted in the Landscaping section above. However, Lots 30-47 and 52 do not appear to meet the minimum density or have no tree planting. Therefore, a condition of approval will require the applicant to submit a minimum tree density exhibit as a component to the detailed landscaping plan that is to be submitted with the civil construction permit. The minimum tree density exhibit shall provide a detail of every lot in the plat and how it meets the minimum two (2) trees per 5,000 square foot requirement. The minimum tree density exhibit shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. C. Critical Areas. The proposal complies with the City’s critical area regulations and thus is found to adequately mitigate against significant adverse impacts to environmentally sensitive areas. As conditioned by this decision, the Applicant’s proposed work within these areas will be in conformance with the City’s critical area regulations and for that reason the work is not considered to create any adverse significant impacts. A discussion of each type of critical area follows. 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, PUD, VAR - 18 i. Geologically Hazardous Areas. As mitigated and conditioned, no impacts to or from the geologically hazardous areas are anticipated. The applicant’s geotechnical report (Exhibit 16) finds the subject property qualifies as a High Erosion Hazard Area and the soils over most of the site will have a moderate to severe potential for erosion when exposed. The site also contains High Landslide Hazard and Sensitive Slopes. Additionally, there are localized Protected Slopes located on the southeast and central west portions of the subject site and the site. Secondary review of the applicant’s geotechnical work and grading and retaining wall plans (Exhibit 20) was conducted. No buffers or setbacks were recommended by the applicant’s geotechnical engineer or the City’s contracted secondary reviewer. Overall, the geotechnical reviews found the slope stability analysis on the site concluded there was not a risk of deep-seated failure and the site could be developed as proposed as the post construction factors of safety exceeded the minimum standards. The protected slope areas delineated in the applicant’s geotechnical report are located in areas where the applicant has proposed improvements. This area includes the eastern portions of Lots 30-35 and an area located on the northeastern portion of Alley 3. The applicant’s proposed encroachments will require a critical areas variance. As shown in Figure 3 of the geotechnical report (Exhibit 16) the majority of the protected slope and setback in and around Lots 30-35 will remain unimproved and preserved in a native growth protection area tract. Additionally, encroachment into the protected slope will be limited as most of the disturbance will be in the structure setback. Lot depths have been modified and will be 70-feet instead of the code required 80-feet, which reduces the encroachment. Encroachment into the west- central area for Alley 3 is limited to a small rectangular section of the delineated slope to support the construction and 35-foot long retaining wall section. Similarly, most of the protected slope is offsite or will be permanently placed within a native growth protection tract for the onsite slope. According to the staff report, the applicant has designed several iterations of the subdivision attempting to reduce the encroachments into the protected slopes and setbacks. Lots 30-40 will have direct access onto Road A instead of alley access which reduces the impact to the slope east of the lots. Alley 3 was reduced in width from previous designs to lessen the encroachment into the protected slope. Due to the overall slope on the site and limitations for road layouts, without a variance, there will likely be a potential loss of lots and alley access resulting from the strict application of the code. Both the applicant’s geotechnical report (Exhibit 16) and the City’s contracted geotechnical engineer (Exhibit 20) determined the site could be constructed as proposed. However, due to the applicant’s proposed changes to the depth of Lots 30-35 on August 7, 2020 (Exhibit 41), secondary review of the change could not be completed prior to issuance of the staff report. Therefore, a condition 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, PUD, VAR - 19 will require the applicant to submit a revised geotechnical report, wall designs, and grading plans with the civil construction permit. The revised report and plans shall be reviewed by the City’s secondary geotechnical reviewer with all costs associated from the secondary review paid for in advance by the applicant. The revised report and plans shall also be reviewed and approved by the Current Planning Project Manager prior to permit issuance. Additionally, the SEPA Threshold Determination (Exhibit 1) included five (5) mitigation measures related to the site’s geologically hazardous areas. ii. Streams. As conditioned, no impacts to the stream or stream buffer are anticipated. The applicant’s Critical Areas Study and Conceptual Mitigation Plan (Exhibit 17) identified a non-fish perennial (Np) stream traversing (identified as Stream S) through the northeastern portion of the property. A comment letter from the Muckleshoot Indian Tribe (Exhibit 31) disputes the applicant’s Np rating and stated the stream needed to be reevaluated as it was potentially fish-bearing based on a Type F rating further downstream. The applicant’s stream/wetland consultant agreed that the downstream offsite portion of the stream should be Type F consistent with the City’s Critical Areas mapping, however the upstream areas on the subject property contain gradients in excess of 20-percent for approximately 195-feet of horizontal distance thereby meeting the natural fish barrier criteria. The applicant confirmed this data in the Critical Areas Study with the region’s Washington Department of Fish and Wildlife Biologist (Exhibit 38) and City staff agrees the stream rating on the subject property is Np. Stream S is a Type Np stream that lacks fish habitat. As such the buffer area surrounding Stream S is not critical in providing resources for salmonids/fish. However, Stream S does contribute to Lake Washington (which contains salmonids) downstream, thus maintaining this features water quality contributes to health of aquatic life downstream. The City’s Critical Areas Regulations allow reduced buffer widths of 60-feet or averaged buffer widths of 37.5-feet. The applicant has proposed stream buffer width averaging for Stream S to accommodate Lots 48 and 49 and the grading needed to construct Road A. As provided in the conceptual mitigation plan component of the critical areas study (Exhibit 17), the applicant proposes buffer reduction that will total 2,635sf resulting in a minimum buffer width of 52-feet with a buffer addition area of 2,695 square feet east of the reduction area. RMC 4-3-050I.2.b provides criteria for stream buffer width averaging. The first criteria is that there must be physical improvements in or near the water body and associated riparian area. The applicant notes and City staff concur, there is an existing dam and multiple downstream culverts located within Stream S, downstream of the subject site. In addition, multiple disturbances are present within the buffer of the stream, including maintained landscaping, structures, roads and driveway. The dam and culverts within the stream channel as well and 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, PUD, VAR - 20 disturbances within the buffer represent existing physical improvement within the waterbody The second requirement for stream buffer width averaging is the preservation of stream/lake/riparian ecological function. No net loss in ecological function is anticipated in that the proposed stream buffer averaging plan will result in a 60 square foot net gain of buffer area and will include enhancement of 6,788 square feet of buffer. The proposed plan will improve the functions and values of the stream buffer. The buffer is currently overrun with invasive species. Enhancement will involve removing all invasive/non-native species from this area, soil decompaction and amendment as necessary, and the planting of native trees and shrubs. The buffer is also within an existing road grade. The enhancement will allow the natural progression to a native scrub-shrub and eventually a forested condition. The installed enhancement plantings will provide replacement forage and cover opportunities for wildlife, as well as protection from erosion, and sequestration of excess sediments and nutrients. Furthermore, a structurally diverse plant community will slow the rate of overland flow. Given the increase of 60 square feet in overall buffer area, in combination with the limited reduction in overall width (the buffer width will be reduced by a maximum of 23 feet), and the associated stream buffer enhancement, the proposed buffer width averaging plan is expected to deliver a modest lift in the functions and values of the on-site buffer. In addition, buffer width averaging of Stream S, in combination with Wetland D buffer width averaging, will result in habitat connectivity between Stream S, Wetland C, and Wetland D, which previously did not exist. This habitat connectivity will be protected in perpetuity. The applicant has met the criteria for approval for an averaged stream buffer. However, a condition of approval will impose the Muckleshoot Indian Tribe’s recommendation of adding Large Woody Debris in and around the Ordinary High Water Mark of Stream S (Exhibit 31). A condition of approval will require the applicant to submit a standalone Final Mitigation, Maintenance, and Monitoring Plan for the Stream Buffer Averaging of Stream ‘S’ with the civil construction permit application. The plan shall include all applicable items set forth in RMC 4- 3-050L and 4-8-120D.19 with a monitoring period of five (5) years. The plan shall also provide recommendations for placing large woody debris in and around the Ordinary High Water Mark of Stream ‘S’ from any tree measuring four (4) inches in diameter that is removed within 200-feet of the stream. The plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. iii. Wetlands. As conditioned and mitigated, no impacts to wetlands are anticipated. The applicant’s Critical Areas Study and Conceptual Mitigation Plan (Exhibit 17) identified four (4) Category IV wetlands identified as Wetlands A through D. Two of the wetlands are located on the northwestern portion of the property (Wetlands 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, PUD, VAR - 21 and B) and two wetlands are located on the northeastern portion of the property (Wetlands C and D). The applicant has proposed to fill and permanently impact Wetland A, buffer reduction with enhancement on Wetland B, and buffer averaging for Wetlands B and D. No impacts are proposed for Wetland C as proposed construction will occur outside of the 50-foot buffer and 15-foot structure setback. a. Wetland A is a slope wetland located in the northwestern corner of the subject property. The wetland is rated as a Category IV with low wildlife function. The applicant proposes to fill the 1,585 square foot wetland to accommodate the stormwater detention vault (Vault 2) in Tract A and a small portion of the new sidewalk as part of the Lincoln Ave NE frontage improvements. Based on site restrictions, including frontage improvements, access, on-site wetlands and streams, and topography, the northwest corner of the site is most suitable to locate stormwater facilities. Given this, the applicant is proposing to fill the entirety of Wetland A (1,585 square feet). The applicant proposes onsite mitigation for the permanent impacts to Wetland A. Mitigation for the fill of Wetland A will be provided through on-site wetland enhancement of Wetlands B and D, provided at a 3:1 mitigation to impact ratio. The proposed wetland enhancement plan will increase diversity and density of native plants within Wetlands B and D, while providing increased opportunities for wildlife habitat. Wetlands B and D can be enhanced, as they are composed of a mix of native and non-native species. The proposed enhancement plan will allow the remaining on-site wetlands and buffer area to provide a greater level of functions and values post development than they currently provide. The enhancement of Wetlands B and D will provide long-term benefits as they will be located within native growth protection area tracts removing any future development potential and require City permission of any proposed maintenance work after the expiration of the monitoring period. Other than the proposed permanent impacts to Wetland A and minor impacts to Wetland B (both to be mitigated for on-site), no other impacts to wetland areas on-site are proposed. The applicant will be required to monitor the mitigation to Wetlands B and D for five (5) years with a success rate consistent with the approved final mitigation plan. b. Wetland B is a slope wetland located in the west-central portion of the subject property. The wetland is rated as a Category IV with low wildlife function. The applicant proposes to average the buffer of Wetland B to accommodate Lot 7. The buffer reduction will total 1,032 resulting in a minimum buffer width of 37.5 feet. A buffer addition area of 1,092 square feet is proposed southeast of the reduction area. 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, PUD, VAR - 22 c. Wetland D is a Palustrine and Scrub-Shrub wetland located in the east-central portion of the subject property. The wetland is rated as a Category IV with a low wildlife function. The applicant proposes to average the buffer of Wetland D to accommodate Lots 41 and 42. The buffer reduction will total 2,095 square feet resulting in a minimum buffer width of 37.5-feet. A buffer addition area of 2,305 square feet is proposed north and south of the reduction area. Buffer averaging is acceptable in both Wetlands B and D if the buffer is not reduced below 37.5 feet. Both will be averaged to no less than a 37.5-foot buffer. Buffer averaging has several criteria for approval. One criteria is the presence of existing physical improvements in or near the wetland and buffer. Lincoln Ave NE and its associated right of way (ROW) is located immediately adjacent to Wetland B. This maintained city road and ROW is a clear existing physical improvement immediately adjacent to the wetland. Additionally, there are utilities and overhead power lines in and around Wetland D as identified in the survey (Exhibit 2) The buffer reduction areas of Wetlands B and D are composed of forested and scrub- shrub vegetation. Similarly, the areas proposed for buffer addition are also composed of forested and scrub-shrub vegetation. Therefore, direct compensation of functions and values will be addressed by providing additional buffer of a similar composition to the reduction areas at a 1:1 buffer addition to reduction ratio. No impacts to existing functions and values of the wetland areas are expected to occur because of the proposed buffer averaging activity. The wetland buffer width averaging plan will result in a net gain of 270 square feet of wetland buffer area. Considering the areas of buffer addition are of the similar species composition to the areas of reduction and that the buffer width averaging plan will result in a net gain of 270 square feet of buffer, the proposed buffer averaging activity is expected to deliver a modest lift in the functions and values of the on-site buffer. In addition, buffer width averaging of Wetland D, in combination with Stream S buffer width averaging, will result in habitat connectivity between Stream S, Wetland C, and Wetland D, which previously did not exist. This habitat connectivity will be protected in perpetuity. Given the existing condition of the buffer, no buffer enhancement is proposed as a part of the proposed wetland buffer width averaging plan. The applicant proposes a wetland buffer reduction totaling 240 square feet along the western side of Wetland B to accommodate a portion of the new sidewalk associated with frontage improvements along Lincoln Ave NE. The applicant proposes to enhance 700 square feet of buffer area between Wetland B and the encroachment. The proposed buffer reduction will meet the Critical Areas Buffer Exemption noted in RMC 4-3- 050C.3.e.ii. 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, PUD, VAR - 23 The applicant also proposes new pedestrian trails located in wetlands and their buffers. New trails will also meet the Critical Areas Buffer Exemption noted in RMC 4-3-050C.3.e.ii. The applicant has met decisional criteria for wetland alteration and wetland buffer averaging. A condition of approval will require the applicant to submit a standalone final Wetland Mitigation, Maintenance, and Monitoring Plan for Wetland B and D with the civil construction permit application. The plan shall include all applicable items set forth in RMC 4-3-050L and 4-8-120D.23 with a monitoring period of five (5) years or timeline as set forth by any required State and/or Federal permit. Permanent wetland impacts shall not occur to Wetland A until such time any required State and/or Federal permits and/or approvals are issued. The final plan and evidence of required State and/or Federal permits and/or approvals shall be reviewed and approved by the Current Planning Project Manager prior to issuance. A further condition of approval will require the applicant to submit a consolidated Critical Areas Exemption request for proposed onsite and offsite pedestrian trails that will encroach into wetlands, wetland buffers, and geologically hazardous areas. The Critical Areas Exemption shall be reviewed and issued prior to or concurrent with civil construction permit issuance. D. Soil Stability. Appropriate measures have been taken to address soil stability. The subject property contains an average slope of at least 20-percent and therefore is considered a hillside subdivision. The applicant submitted geotechnical reports (Exhibits 16 and 19) analyzing the soils, geology, drainage patterns and vegetation and evaluating the drainage, erosion and slope stability for the site development of the proposed plat. The City and their third party engineer concur that the applicant has demonstrated the development will not result in soil erosion, sedimentation, landslide, slippage, excess surface water runoff, increased costs in building and maintaining roads and public facilities or the increased need for emergency relief and rescue operations. Additionally, the applicant submitted an arborist report (Exhibit 12). Provided the SEPA mitigation measures and the recommendations from the geotechnical report are followed, the site should be safe to develop without increasing the danger to the public health, safety or welfare. The applicant submitted grading plans (Exhibit 7) and retaining wall plans (Exhibit 19) consistent with the grading, excavation, and mining regulations. The applicant has requested modifications for retaining wall heights as part of the PUD regulations. Protected slopes will be within native growth protection area tracts with the exception of proposed areas of encroachment as identified in the Staff Report FOF 26 Critical Areas Variance. No proposed street grades will exceed 15-percent. The applicant has requested to reduce the lot sizes below the minimum R-8 standard of 5,000 square feet. The applicant has designed the project to cluster the homes and set-aside large areas of open space and native growth protection area tracts. The home design steps down the hillside by building the foundation into the slope taking the grade with it instead of terracing 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, PUD, VAR - 24 leveling lots. As testified by Mr. Herrera, City staff feel this is the safest approach and minimizes the need for terracing and retaining walls while maximizing development to within the R-8 zoning density requirements. The applicant will be required to comply with erosion control requirements of the Renton Surface Water Design Manual and SEPA Mitigation Measures that limits the timing of clearing and grading and requires onsite geotechnical engineer monitoring. 6. Superiority in Design. The proposed Canopy PUD subdivision is superior in design to that which would result without using the PUD regulations. The proposed development is superior to a typical single-family residential neighborhood as its clustered design provides the ability to build homes and infrastructure on a relatively steep hillside without the need for expansive rows of retaining walls. The clustered design of the subdivision results in smaller lots and modest home sizes, however the density of the subject property remains compliant with the R-8 zoning limitations and large expanses of the site remain either undeveloped or integrated as usable open space which is atypical in a traditional single- family subdivision. The proposed detached dwellings are designed to take up much of the upward slope of the site. This results in fewer retaining walls for the site and the retaining walls that are needed are obscured from offsite view and/or will be aesthetically treated so they provide an enhancement to neighborhood. The proposed development will not be unduly detrimental to the surrounding properties as the single- family residential development is consistent with the existing development pattern and land use designation for the area. No views of Lake Washington are anticipated to be impacted as the development will follow the downward westerly slope of the hillside instead of extensive grading and leveling as is often typical for residential subdivisions. Additionally, the PUD design allows for enhancement of wetlands function and the integration of both passive and active recreation in a community with varied architectural facades and a pedestrian friendly design. 7. Public Benefit. The proposal provides for numerous public benefits as outlined at pages 20-26 of the staff report. CONCLUSIONS OF LAW 1. Authority. RMC 4-9-150(F)(8)(a) authorizes the Examiner to conduct hearings and make final decisions on preliminary PUD applications that are associated with new development applications. RMC 4-9-150(G)(6) authorizes the consolidation of the preliminary PUD and preliminary plat review before the examiner for final decision. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. The modification requests and variance requests are classified by RMC 4-8-080(G) as a Type I review. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number procedure”. The Type III plat review is the “highest-number procedure” and therefore must be employed for all of the permit applications. As outlined in RMC 4-8-080(G), the Hearing 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, PUD, VAR - 25 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 R8. The comprehensive plan map land use designation is Residential Medium Density. 3. Review Criteria/Adoption of Staff Findings and Conclusions on Modification Requests. Chapter 4-7 RMC governs the criteria for subdivision review. RMC 4-9-150 governs preliminary PUD review criteria. The variance requests identified in Finding of Fact No. 3 are governed by RMC 4-9- 250C9. 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. Preliminary Plat 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. As to compliance with the Zoning Code, Findings 19, 20 and 21 of the staff report are 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. 3. 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 proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding 18 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 PRELIMINARY PLAT, PUD, VAR - 26 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 single internal road and associated alleys and access tracts connect to Lincoln Avenue NE and NE 40th Street, both public roads, as required by the criterion quoted above. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. City staff have reviewed the proposal for consistency with City road plans and found the proposed roads to be consistent. 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. There are no officially designated trails in the vicinity of the project. However, there is a trail on the unimproved section of NE 43rd Street (Staff Report FOF No. 15i and 21 – page 21). Further, the applicant has proposed a pedestrian trail system through the site’s open space and native growth protection area tracts. Along the eastern border of the subject property, an unimproved 30-foot wide ROW runs parallel in a north/south direction. The applicant has proposed to extend the onsite pedestrian trail system onto the public ROW and extend north to intersect with an existing east/west pedestrian trail on an unimproved ROW between NE 43rd St and SE 80th St that connects to Lincoln Ave NE. This public trail is anticipated to provide views of Lake Washington and the Olympic Mountains. A SEPA mitigation measure will require the applicant to design the trail to have minimal impact to the wetland, stream, and their buffers. 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 will result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater 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, PUD, VAR - 27 measured per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 2. Native Growth Protection Areas: Native growth protection areas must be within separate tracts. 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 land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and the only critical area encroachment (steep slopes) is authorized through the critical areas variance approved by this decision. No piping or tunneling of streams is proposed. Native growth protection areas will be preserved. 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. See Ex. 16. 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. City ordinances require the payment of park impact fees prior to building permit issuance. As determined in Finding of Fact No. 4, open space has been provided with both passive and active recreation components. Additionally, 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. 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, PUD, VAR - 28 RMC 4-7-150(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 11. The criterion is met. All possible street connections have been accommodated as determined in Finding of Fact No. 4E. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. As conditioned. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. There is no intersection with a public highway or major or secondary arterial. Lincoln Avenue is a collector while Ne 40th Street is a residential access street. 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. 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: 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, PUD, VAR - 29 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. As determined in Finding of Fact No. 4E, the internal access road will connect to Lincoln Avenue NE and NE 40th Street, thereby connecting and contributing to the City’s grid layout. All lots, except for Lots 30-40 will be primarily accessed via alleys. This is the most feasible access given the property’s critical areas and topological constraints. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 16. As proposed except for the street modification approved by this decision. RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. 17. The criterion is met. The internal road will be extended to intersect with both adjacent public streets and the internal trail system will connect to an existing unopened right of way for enhanced pedestrian access and recreation. 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, PUD, VAR - 30 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. 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. 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. As described in Finding of Fact No. 3 and Staff Report Finding of Fact No. 19 and 25, the proposed lots do not comply with the minimum size, area, and width requirements of the zoning standards of the R8 zone. Each of these standards is proposed for modification under the criteria of the Planned Unit Development code. Compliance with the PUD Decision Criteria and Standards are detailed in Staff Report Findings of Fact No. 21 and 22, adopted herein as if set forth in full, and in Conclusions of Law No. 30-50 below. 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. As shown in the plat maps, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 22. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 23. There are four on-site wetlands, a stream, geologically hazardous areas and significant trees located on the subject site. Three of the four wetlands will be preserved, though buffers will be 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, PUD, VAR - 31 averaged. The fourth will be fully mitigated (FOF 5Ciii). The stream will be preserved (FOF 5cii), though the buffer will be averaged and enhanced. The geologically hazardous areas will be preserved to the extent feasible, though the entire development area is steep. Homes will be constructed along the hillsides (FOF 5Ci). Significant trees will be preserved or mitigated both on and off-site (FOF 5B). As conditioned and mitigated, this criterion is satisfied. 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 proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City’s stormwater standards, which are addressed in the Applicant’s technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 26. These requirements will be imposed during engineering review for final plat approval. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 27. As conditioned. 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, PUD, VAR - 32 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. 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. This condition is enforced by staff during final plat review. Preliminary PUD RMC 4-9-150(B)(2) and (3): Code Provisions That May Be Modified: a. In approving a planned urban development, the City may modify any of the standards of chapter 4-2 RMC, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. b. An applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. 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, PUD, VAR - 33 30. As shown in Finding of Fact No. 3, the requested revisions are limited to Chapter 4-2 regulations as authorized above, except for the private open space requirements of RMC 4-9-150(E)(2). However, RMC 4-9-150(E)(2) itself provides that “[t]he minimum dimensional standards of this Section may be modified through the planned urban development review process; provided, that the minimum area requirement is maintained.” Since modifications to private open space are limited to dimensions and minimum required area is maintained, the private open space modifications are also appropriately subject to modification in this PUD review. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is following the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which will result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 31. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A), are to preserve and protect the natural features of the land and to encourage innovation and creativity in development of residential uses. As noted in COL No. 23, three of the four wetlands will be preserved, though buffers will be averaged. The fourth will be fully mitigated (FOF 5Ciii). The stream will be preserved (FOF 5cii), though the buffer will be averaged and enhanced. The geologically hazardous areas will be preserved to the extent feasible, though the entire development area is steep. Significant trees will be preserved or mitigated both on and off-site (FOF 5B). More importantly, the proposal succeeds in innovative and creative design for the reasons identified in Finding of Fact No. 6 and 7. As determined in Finding of Fact No. 5, the proposal will not create any significant adverse impacts, so it will not be unduly detrimental to surrounding properties. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than will result from the development of the subject site without the proposed planned urban development: a. Protects critical areas that will not be protected otherwise to the same degree as without a planned urban development; or 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, PUD, VAR - 34 b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development. d. Overall Design: Provides a planned urban development design that is superior to the design that will result from development of the subject property without a planned urban development. A superior design may include the following: ... 32. The proposal provides for public benefit for the elements quoted above as determined in Finding of Fact No. 7. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. 33. The criterion is met for the reasons identified at Finding of Fact No. 5(A). Additionally, the proposed size, scale, mass, character, and architectural design of the plan is complementary and consistent with the existing neighborhood. Large vacant single-family parcels are located east of the site in Newcastle. The step down of the Canopy site and open space buffer between the homes and eastern border will preserve views for those properties when they develop in the future. Open space and native growth protection areas will buffer the development from the northern neighbor and a limited access alley will separate the plat from the western two properties. Materials of the homes will consist of wood and cementitious material that will not produce light or glare. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: … 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, PUD, VAR - 35 ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, townhouses, flats, etc. 34. The proposed homes will have varied roof forms and heights depending on where on the hillside they are located. A consistent cladding of lap, wood, and panel siding with varied colors will reduce monotony of the exteriors. The neighborhood will be similar to a cluster subdivision with smaller lot sizes and expansive shared open spaces while maintaining the density limitation of eight units per net acre. The criterion is met. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. 35. The proposal provides for adequate streets and pedestrian facilities as determined in Finding of Fact No. 4. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. 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, PUD, VAR - 36 36. The proposal meets this requirement as determined in Finding of Fact No. 4F. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. 37. As noted in Finding of Fact No. 4F, as conditioned the proposal provides for a well-integrated system of internal pedestrian improvements that ultimately connect to required frontage pedestrian improvements and to on and off-site trails. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iv. Provides safe, efficient access for emergency vehicles. 38. As conditioned, the proposal provides for safe and efficient access for emergency vehicles as determined in Finding of Fact No. 4F. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria 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, PUD, VAR - 37 c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. 39. As determined in Finding of Fact No. 4 and as conditioned, the proposal is served by sufficient public infrastructure and services to serve the development. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and with well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. 40. The proposed single family lots are grouped into clusters, each surrounded by open space. The proposed subdivision will be clustered in three blocks with much of the eastern and northeastern portion of the subject property set aside in native growth protection areas and passive open space. Open spaces also separate blocks, which are connected via pedestrian trails. The applicant anticipates 36-percent of the entire site will be impervious, while the code limitation for each individual lot will 65-percent. This criterion is satisfied. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. 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, PUD, VAR - 38 41. The proposal is designed to provide for privacy and adequate building separation. The proposed subdivision design contains no backyard abutting units with only abutments located on side yards. Front and rear yards are separated by street or alley. The applicant states the openings on the homes side elevations (Exhibit 34) allow light and air to the interior however, they are of discreet size and located in limited areas. Additionally, the front windows will be at or above the six-foot level, providing privacy from the street level. This criterion is satisfied. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. 42. The orientation of the future homes will be from east to west following the topographic relief of the hillside. The homes will step down the slope and have separation of a street or alley providing view opportunities for each residence. This criterion is met. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … g. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. 43. Each unit will have a private double car garage. Most of the units, except Lots 30-40, will have rear loaded alley access garages. RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section. 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, PUD, VAR - 39 44. As discussed below, the proposal complies with all development standards imposed by RMC 4-9-150(E). With the exception of the proposed PUD modifications, the proposal is compliant with the standards of the underlying R-8 zone for the reasons identified in Finding of Fact No. 19 of the staff report. No overlay districts apply. RMC 4-9-150(E)((1): Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below. a. Residential: For residential developments open space must equal at least ten percent (10%) of the development site’s gross land area. i. Open space may include, but is not limited to, the following: (a) A trail that allows opportunity for passive recreation within a critical area buffer (only the square footage of the trail shall be included in the open space area calculation), or (b) A sidewalk and its associated landscape strip, when abutting the edge of a critical area buffer and when a part of a new public or private road, or (c) A similar proposal as approved by the Hearing Examiner. ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or recreation area shall be provided in a concentrated space as illustrated in Figure 1. 45. As outlined at page 27-28 of the staff report, the Canopy PUD site is 438,213sf of gross area resulting in a common open space requirement of 43,821sf. The subdivision will contain 55-lots therefore resulting in 2,750sf of additional required common space or recreation area in a concentrated space. The applicant has proposed 46,137sf of open space with 5,745sf of concentrated space programmed with play structures, seating, gathering space, and landscaping. The concentrated space is located in the central portion of the site and is connected via sidewalk, pedestrian trails, and the traffic control/pedestrian crossing enhancement on Road A. To ensure quality of open space appurtenances and trail materials, a condition of approval will require the applicant to submit a final open space plan with the civil construction permit application that provides detailed landscaping plans, detail sheets of playground, exercise equipment, seating, tables, fencing, view stations, and other street furniture, trail and gathering space surface materials, and final square footage calculations of each open space area. The final open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. As the subject property slopes downward toward Lincoln Ave NE and there are limited retaining walls on the site, it is unclear how the slopes will affect the usability of active and passive open spaces. Therefore, a condition of approval will require the applicant to submit cross sections with the final open space plan of each open space area that includes slope percentage calculations. Terracing with limited height retaining walls may be required to obtain level grades if it is determined by the Current Planning Project Manager as an optimal alternative to steeper grades in the open space areas. The cross sections, slope calculations, and if needed, terraced retaining walls shall be reviewed and approved by 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, PUD, VAR - 40 the Current Planning Project Manager prior to civil construction permit issuance. As conditioned, these criteria are satisfied. RMC 4-9-150(E)(2): Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5'). … The minimum dimensional standards of this Section may be modified through the planned urban development review process; provided, that the minimum area requirement is maintained. 46. Each unit contains a private yard and porch spaces on the ground floor. Several home models contain upper level decks. The preliminary private open space plan (Exhibit 37) provides plan view, measurements, and calculations of private open spaces for each of the site’s proposed lots. Lots 6-29, 40, 42, and 48-55 (after complying with condition #2) meet the minimum dimensional standards. Deficiencies in dimensional standards include Lots 1-5, 30-39, and 42-47 however each of these lots contains the minimum area requirement. Dimensional shortages for Lots 1-5 are nominal with private open spaces ranging from 417 square feet to 666 square feet. Lots 30-39 and 42-47 contain yard spaces between 335 square feet and 488 square feet, but also include second and third story decks that expand exterior private space. This Decision supports the modification to the private open space dimensional requirements for the lots noted above as a majority of the proposed lots comply with the standard, the total minimum open space is provided for each lot to be modified, and those lots with smaller dimensioned ground floor spaces (Lots 30-39 and 42-47) will have second and third story decks providing additional exterior spaces. It is unclear from the landscaping plan (Exhibit 5) how each lot will demarcate their respective private ground floor spaces. Therefore, a condition of approval will require the applicant to submit a revised private open space plan with the civil construction permit application that provides defined edges for each of the lots ground floor private open spaces. Demarcations can include landscaping, low level fencing, hardscapes, and/or other features approved by the Current Planning Project Manager. The revised private open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. As conditioned, this criterion is satisfied. RMC 4-9-150(E)(3): Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the Applicants and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior 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, PUD, VAR - 41 to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 47. As Conditioned. RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9- 060… 48. As Conditioned. RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities: … b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners’ association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners’ association accordingly. Such bill, if unpaid, shall become a lien against each individual property. 49. As conditioned. Variances RMC 4-9-250(B)(9): Special Review Criteria – Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: For variance requests to alter steep slopes over forty percent (40%) or greater and very high landslide hazard areas and their associated setbacks, the following criteria shall apply: 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, PUD, VAR - 42 a. The variance granted is the minimum amount necessary to accommodate the proposal; and 51. The proposed variance is the minimum necessary to accommodate the proposal. As shown in Figure 3 of the geotechnical report (Exhibit 16), the majority of the protected slope and setback in and around Lots 30-35 will remain unimproved and preserved in a native growth protection area tract. Additionally, encroachment into the protected slope will be limited as most of the disturbance will be in the structure setback. Lot depths have been modified and will be 70-feet instead of the code required 80-feet, which reduces the encroachment. Encroachment into the west-central area for Alley 3 is limited to a small rectangular section of the delineated slope to support the construction and 35-foot long retaining wall section. Similarly, most of the protected slope is offsite or will be permanently placed within a native growth protection tract for the onsite slope. The applicant has requested the minimum variance necessary to allow for development of the property to the R-8 zoning density and has demonstrated that the proposed variance will not adversely affect the public health, safety and welfare. This criterion is satisfied. RMC 4-9-250(B)(9)(b): Alternative development concepts that comply with RMC 4-3-050 have been evaluated and that practical difficulties and unnecessary hardship will result from the strict application of the code; and 52. As noted in the staff report, the applicant has explored alternative concepts via the preapplication meeting and application prescreening process with the City. The applicant has designed several iterations of the subdivision attempting to reduce the encroachments into the protected slopes and setbacks. Lots 30-40 will have direct access onto Road A instead of alley access which reduces the impact to the slope east of the lots. Alley 3 was reduced in width from previous designs to lessen the encroachment into the protected slope. Due to the overall slope on the site and limitations for road layouts, there will likely be a potential loss of lots and alley access resulting from the strict application of the code. This criterion is satisfied. RMC 4-9-250(B)(9)(c): The proposal does not adversely impact geological hazards or other critical areas on adjacent properties; and 53. The proposal will not adversely affect critical areas on adjoining properties for the reasons outlined in Finding of Fact No. 5Ci. RMC 4-9-250(B)(9)(d): The need for the variance is not the result of actions of the Applicant or property owner; and 54. The protected slopes on the site were not created by the applicant or property owner and no action on the property has been commenced. As noted in COL No. 52, the applicant has designed several iterations of the subdivision attempting to reduce the encroachments into the protected slopes and setbacks. Due to the overall slope on the site and limitations for road layouts, without a variance, 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, PUD, VAR - 43 there will likely be a potential loss of lots and alley access resulting from the strict application of the code which would mean the proposed subdivision would be less compliant with the underlying R-8 zoning. This criterion is satisfied. RMC 4-9-250(B)(9)(e): The proposal does not create or increase a risk to the public health, safety, and welfare, or to public or private property; and 55. The criterion is met for the reasons outlined in Finding of Fact No. 5Ci. Additionally, the applicant’s geotechnical report, grading, and retaining wall plans were peer reviewed for safety and constructability. The SEPA Determination contains five mitigation measures (Exhibit 1) related to the geotechnical aspects of the proposal. The updated proposal will also be peer reviewed to ensure the public’s health, safety, and welfare. RMC 4-9-250(B)(9)(f): If the Administrator approves a variance under this subsection, the following conditions of approval, among others, may be imposed i. The recommendations of the geotechnical report are followed; ii. Project plans shall be reviewed and sealed by a geotechnical engineer or the geotechnical engineer shall submit a sealed letter stating that they have reviewed the plans and in their opinion the plans and specifications meet the intent of the geotechnical report; and iii. An appropriate number of site visits by the geotechnical engineer to establish proper methods, techniques, and adherence to plan drawings is demonstrated during and after construction. 56. The DNS-M has incorporated mitigation measures that will require all three above referenced conditions of approval. Additionally, the DNS-M limits clearing and grading of the subject property to dry season construction months between May 1 to September 30 and requires certification of all rockeries and retaining walls regardless of height. Hillside Subdivision RMC 4-7-220.C Standards. The following additional standards shall apply to hillside subdivisions: 1. Application Information: Information concerning the soils, geology, drainage patterns, and vegetation shall be presented in order to evaluate the drainage, erosion control and slope stability for site development of the proposed plat. The applicant must demonstrate that the development of the hillside subdivision will not result in soil erosion and sedimentation, landslide, slippage, excess surface water runoff, increased costs of building and maintaining roads and public facilities and increased need for emergency relief and rescue operations. 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, PUD, VAR - 44 2. Grading: Detailed plans for any proposed cut and fill operations shall be submitted. These plans shall include the angle of slope, contours, compaction, and retaining walls. Plans shall be consistent with requirements in RMC 4-4-060, Grading, Excavation and Mining Regulations. 3. Tracts: Areas of the subdivision deemed to be critical areas due to designation as protected slopes shall be located within a tract or tracts. 4. Streets: a. Streets may only have a grade exceeding fifteen percent (15%) if approved by the Department and the Fire Department. b. Street widths may be less than those required in the street standards for streets with grades steeper than fifteen percent (15%) if parking prohibition on one or both sides of the street is approved by the Administrator. 5. Lots: Lots may be required to be larger than minimum lot sizes required by the Zoning Code. Generally, lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision. 6. Erosion Control Requirements: Any clearing or grading shall be accompanied by erosion control measures as deemed necessary by the Department. 57. As described in Finding of Fact No. 5D, the above criteria are met. DECISION The proposed preliminary PUD and Preliminary Plat as depicted in Ex. 3 and 4 and described in Finding of Fact No. 3 meet all applicable criteria quoted in this decision and for that reason are APPROVED subject to the following conditions of approval below. The PUD modifications identified in Finding of Fact No. 3 are also approved. The critical areas variances are also approved subject to the following conditions of approval: 1. The applicant shall comply with the following mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated July 13, 2020 (Exhibits 1 and 32): a. Clearing and grading of the subject property shall be limited to May 1 to September 30. b. The applicant shall comply with the recommendations of the Geotechnical Report and Retaining Wall Designs prepared by Terra Associates dated May 18, 2020 and Secondary Review Comments prepared by GeoEngineers dated December 19, 2020 and April 24, 2020 and any future addenda to such reports. 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, PUD, VAR - 45 c. The applicant’s geotechnical engineer shall review the project’s civil construction plans to verify compliance with the geotechnical report(s). The geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the civil construction plans and in their opinion the plans and specifications meet the intent of the report(s). d. The applicant’s geotechnical engineer shall identify those construction activities where observation onsite by a licensed geotechnical engineer should occur. Those identified activities shall be clearly stated on the civil construction plans. e. The applicant’s geotechnical engineer shall seal and certify all rockeries and retaining walls regardless of height on the civil construction and building permit plans and provide long-term maintenance recommendations for future homeowners as an exhibit in the forthcoming Covenants, Conditions, and Restrictions document to be recorded with the final plat. f. The applicant shall submit a final stream and wetland mitigation plan for the off-site benefit parcel concurrently with the civil construction permit application that provides buffer enhancement activities consistent with best available science; mitigation, maintenance, and monitoring; and native growth protection area standards set forth in RMC 4-3-050. Buffer enhancement on the off-site benefit parcel shall occur concurrently with construction of the PUD/Preliminary Plat. Long-term ownership and management of the off-site benefit parcel shall be the responsibility of the Canopy Subdivision Homeowners Association unless the City determines it is able to assume ownership and provide those services. g. The applicant shall indicate areas of Alderwood sandy loam on the detailed landscaping plan submitted with the civil construction permit. The plan shall provide specifications for fracturing the hardpan where grading brings the Alderwood hardpan near the surface in locations of new tree planting to provide soil volume for root development and to improve drainage around the trees. The applicant shall submit a surety to ensure the survival of the new trees in the Alderwood sandy loam areas for a minimum of five (5) years. The surety shall include a warranty for each new tree, irrigation system, and maintenance for the five (5) year period. The surety and maintenance specifications shall be executed prior to final plat recording. h. The applicant shall construct frontage improvements along the northern half of NE 40th Street west of the project site frontage to Lincoln Ave NE meeting residential access street standards except for those areas where the sidewalk and/or planter strip could meander and vary widths to save existing trees within the ROW or abutting property. i. The applicant shall construct a pedestrian pathway within the abutting easterly unimproved ROW that will connect to the pedestrian pathway located in the unimproved section of NE 43rd St in an alignment as generally shown on the landscape plan avoiding wetland and stream impacts as practical and providing mitigation for unavoidable impacts. Trail materials are to be determined prior to submitting civil construction permit and shall have minimal impact to wetland, streams, and their associated buffers. 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, PUD, VAR - 46 2. The applicant shall submit revised site plans, elevation plans, and floor plans with the civil construction permit application that indicate the revised depths of Lots 30-40 with front yard setbacks of 15-feet and garage setbacks of 20-feet or greater. The massing of the homes shall be reduced by replacing the garage side exterior wall with a column and the front porches shall be non-repetitive and provide additional distinctive features such as material variation and roof forms. Other mass reduction features not listed herein will be considered by the Current Planning Project Manager. The revised setbacks and massing reductions shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 3. The applicant shall submit a revised site plan with home floor plans and exterior elevations with the civil construction permit application that incorporates 12-foot front yard setbacks for alley loaded Lots 48 through 55. A reduction in rear yard setbacks and/or other modification to assist in meeting this condition may also be considered by the Current Planning Project Manager. The revised plans shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 4. The applicant shall remove existing homes and outbuildings on the subject property at 2020 NE 40th St and 4130 Lincoln Ave NE prior to submitting final plat and final planned urban development applications. The applicant shall also remedy any encroachments on the Canopy PUD subject property including but not limited to potential encroachments along the boundary with 4006 Lincoln Ave NE prior to submitting final plat and final planned urban development applications. 5. The applicant shall submit an overall plat building coverage and impervious coverage analysis with graphic representation with the civil construction permit identifying the entire subject property complies with the maximum building coverage of 50-percent and impervious coverage limitation of 65-percent. The analysis and graphic shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance and recorded as an exhibit with the final plat. 6. The applicant shall submit building height and story calculations for each of the homes within the plat with the civil construction permit to ensure the requested 30-foot wall plate, 6-foot roof pitch, and 3-story heights comply with the proposed modification. The building height and story calculations shall be reviewed and approved by the Current Planning Project Manager prior permit issuance. 7. The applicant shall submit a detailed landscaping plan with the civil construction permit application that provides medium-size maturing trees in planter strips abutting the new lots and large-sized maturing trees in planter strips that abut tracts and/or street frontage only. At least one (1) street tree shall be planted per lot (55 trees) along Road A based on spacing requirements and if spacing requirements do not permit 55-trees to be planted along Road A, then the applicant shall provide a fee in-lieu for each remaining tree in the City Urban Forestry Program fund. Additionally, the landscape plan shall provide root barrier systems within the planter strip to impede tree roots from buckling the abutting sidewalks. The detailed landscaping plan 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 PRELIMINARY PLAT, PUD, VAR - 47 8. The applicant’s submitted detailed landscaping plan with the civil construction permit shall provide a minimum of one (1) small sized maturing tree from the City’s Approved Street Tree List, shrubs, and groundcover along the western portions of Lots 1-6 abutting the walkway in Tract H. The detailed landscaping plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 9. The applicant shall submit specifications with the detailed landscaping plan submitted with the civil construction permit that provides a veneer surface attached to the exposed portion of Vault 1 in Tract H that consists of brick detailing such as a garden wall bond with diagonal patterns or a comparable surface approved by the Current Planning Project Manager with shrub and groundcover landscaping at the base of the exposed wall. The specifications shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 10. The applicant shall revise the planting schedule on the detailed landscaping plan to be submitted with the civil construction permit to provide greater planting of native evergreen trees in open space and native growth protection area tracts. Large size maturing trees such as Douglas Fir, Western Red Cedar, Western Hemlock, and other comparable species as approved by the Current Planning Project Manager shall be provided. The detailed landscaping plan shall be reviewed and approved prior to permit issuance. 11. The applicant’s certified arborist shall review the detailed landscape plan to be submitted with the civil construction permit and provide written recommendations on tree spacing for the new trees within the plat. As a result of the arborist’s review, if there remain outstanding tree replacement caliper inches due to spacing limitations, the remaining tree replacement caliper inches shall be satisfied via fee-in-lieu in the City Urban Forestry Program fund. The detailed landscape plan and certified arborist tree spacing recommendations shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 12. The applicant shall submit a minimum tree density exhibit as a component to the detailed landscaping plan that is to be submitted with the civil construction permit. The minimum tree density exhibit shall provide a detail of every lot in the plat and how it meets the minimum two (2) trees per 5,000 square foot requirement. The minimum tree density exhibit shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 13. The applicant shall submit detailed specifications of all Redi-Rock retaining wall veneers regardless of height with the civil construction permit application. The veneers shall have a scale similar to brick or other small-scale material as approved by the Current Planning Project Manager. The detailed specifications shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 14. The applicant shall submit a surety to ensure the survival of the plantings on the vegetated mechanically stabilized walls for a minimum of five (5) years. The surety shall include a warranty for the plantings and maintenance of the wall for the five (5) year period. The surety and maintenance specifications shall be executed prior to plat recording. 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, PUD, VAR - 48 15. The applicant shall submit a Critical Areas Exemption request for the restoration and mitigation activities on the off-site benefit parcel. The Critical Areas Exemption shall be reviewed and issued prior to or concurrent with civil construction permit issuance. 16. Prior to final plat application, if it is determined that the Canopy Homeowners Association will own and maintain the offsite benefit parcel, the applicant shall submit the final plat document with the offsite benefit parcel as a tract within the plat, noting its native growth protection areas and equal ownership from all property owners within the subdivision. The applicant shall include the ownership and maintenance responsibilities in the Covenants, Conditions, and Restrictions (CC&Rs) to be recorded with the final plat. The tract addition and CC&Rs, if needed, shall be reviewed and approved by the Current Planning Project Manager prior final plat recording. 17. The applicant shall submit a revised arborist report with the civil construction permit that analyzes the health and viability of existing trees in and around the NE 40th St frontage and provides recommendations for the well-being of the trees while the frontage is under construction including monitoring, tree and root protection, irrigation, pruning, etc. during and post construction to ensure the safety and vitality of the trees. The revised arborist report shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 18. The applicant shall install approved fire sprinkler systems for Lots 41-47 as shown on the preliminary plat (Exhibit 4) and a plat note shall be included on the final plat document that indicates homes on Lots 41-47 require approved fire sprinklers. The plat note shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. 19. The applicant shall submit an emergency and vault access road detail exhibit with the civil construction permit application. The exhibit shall provide details of the road width and hammerhead turnaround meeting the specifications of the Renton Regional Fire Authority with paved materials that are complementary to pedestrian and open space environments while meeting the needs of fire apparatus such as scored and/or stamped concrete, pavers, or other comparable materials as approved by the Current Planning Project Manager. The access road shall be pulled out of Tract H and placed in a separate tract and easement that will limit use to emergency, vault access, and open space and the tract/easement shall be named for the purpose of addressing Lots 1-6. The exhibit shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. Tract and easement language for the road shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. 20. The applicant shall submit a traffic control/pedestrian enhancement exhibit for Road A with the civil construction permit application. The exhibit shall provide details of the traffic control measures and pedestrian connections that connect Tract A to Tract H and Tract B to Tract F. The enhancement shall include features such as raised concrete providing a level crossing similar to a “festival street” cross section with the planter strip replaced with street trees in grates and/or other pedestrian and traffic control features as approved by the Current Planning Project Manager. The Road A traffic control/pedestrian enhancement exhibit 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 PRELIMINARY PLAT, PUD, VAR - 49 21. The applicant shall submit a final open space plan with the civil construction permit application that provides detailed landscaping plans, detail sheets of playground, exercise equipment, seating, fencing, tables, view stations, and other street furniture, trail and gathering space surface materials, and final square footage calculations of each open space area. The final open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 22. The applicant shall submit cross sections with the final open space plan for each open space area that includes slope percentage calculations with the civil construction permit application. Terracing with limited height retaining walls may be required to obtain level grades if it is determined by the Current Planning Project Manager as an optimal alternative to steeper grades in the open space areas. The cross sections, slope calculations, and if needed, terraced retaining walls shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 23. The applicant shall submit a revised private open space plan with the civil construction permit application that provides defined edges for each of the lots ground floor private open spaces. Demarcations can include landscaping, low level fencing, hardscapes, and/or other features approved by the Current Planning Project Manager. The revised private open space plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 24. The applicant shall submit revised home elevations for Plans 2550, 2553, and 2054 with the building permit applications that provides a horizontal band on side elevations between stories or provides a material variation in addition to lap siding. The revised elevations shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 25. The applicant shall submit a revised architectural streetscape plan and revised building elevations with the applicable building permit applications that revises color pallets related to the substantial use of modern grey on Lots 3, 4, 11, 12, 13, 15, 16, 49, and 50 to ensure the abutting homes contain a differing color. The revised streetscape plan and building elevations shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 26. The applicant shall submit a standalone Final Mitigation, Maintenance, and Monitoring Plan for the Stream Buffer Averaging of Stream ‘S’ with the civil construction permit application. The plan shall include all applicable items set forth in RMC 4-3-050L and 4-8-120D.19 with a monitoring period of five (5) years. The plan shall also provide recommendations for placing large woody debris in and around the Ordinary High Water Mark of Stream ‘S’ from any tree measuring four (4) inches in diameter that is removed within 200-feet of the stream. The plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 27. The applicant shall submit a standalone final Wetland Mitigation, Maintenance, and Monitoring Plan for Wetlands B and D with the civil construction permit application. The plan shall include all applicable items set forth in RMC 4-3-050L and 4-8-120D.23 with a monitoring period of five (5) years or timeline as set forth by any required State and/or Federal permit(s). Permanent wetland impacts shall not occur to Wetland A until such time any required State and/or Federal permits and/or approvals are issued. The final plan and evidence of required State and/or Federal permits 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, PUD, VAR - 50 and/or approvals shall be reviewed and approved by the Current Planning Project Manager prior to issuance. 28. The applicant shall submit a consolidated Critical Areas Exemption request for proposed onsite and offsite pedestrian trails that will encroach into wetlands, wetland buffers, and geologically hazardous areas. The Critical Areas Exemption shall be reviewed and issued prior to or concurrent with civil construction permit issuance. 29. The applicant shall submit a revised geotechnical report, wall design, and grading plans with the civil construction permit related to the increased depth of Lots 30-40. The revised report and plans shall be reviewed by the City’s secondary geotechnical reviewer with all costs associated from the secondary review paid for in advance by the applicant. The revised report and plans shall also be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 30. The applicant shall submit a draft Conditions, Covenants, and Restrictions (CC&Rs) documents with the final planned urban development and final plat applications. The CC&Rs shall provide ownership and maintenance responsibilities for alleys, open space tracts, native growth protection area tracts, stormwater facilities, and other common facilities of the subdivision. The CC&R shall be reviewed and approved by the Current Planning Project Manager prior to recording the document with the final plat. 31. Any proposed changes to key features of the project noted in Conclusions #13 of the staff report to the Hearing Examiner shall be reviewed and considered as major modifications to the planned urban development. 32. 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. 33. 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. 34. 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. 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, PUD, VAR - 51 35. All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the City. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 36. Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060. 37. All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners’ association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners’ association accordingly. Such bill, if unpaid, shall become a lien against each individual property. DATED this 18th day of September 2020. 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.