HomeMy WebLinkAboutD_Canopy_PUD_Decision_230406_v11
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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.
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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
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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
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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
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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
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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.
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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
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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:
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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:
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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.
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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
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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.
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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.
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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
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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:
…
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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.
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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
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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.
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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.
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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
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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
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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:
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.