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HomeMy WebLinkAboutLUA-05-089_HEX Decision.pdfOctober 17, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Terry Defoor GWCInc. 24633 NE 133 rd Street Duvall, W A 98019 Debra Eby Ricci Ricci Grube Aita, PLLC Attorneys and Counselors at Law 1601 Second Ave., Ste. 1080 Seattle, W A 98101 Defoor Short Plat LUA 05-089, SHPL-H 900 Renton Avenue South Hearing Examiner Short Plat approval for the subdivision of 3.2 acres into five lots for the future development of single- family residences. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on September 26, 2006. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the October 3, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 3, 2006, at 9:25 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Short Plat Map Exhibit No.4: Preliminary Landscape Plan Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 2 Exhibit No.5: PreliminalY Grading and Utility Plan Exhibit No.7: Slope Analysis Exhibit No.9: City's Determination of the Unmapped StreamslWetIand Classification Exhibit No. 11: City's Reconsideration of Unmapped Stream Determination Exhibit No. 13: Appeal to City Council of hearing Examiner's Decision Exhibit No. 15: Sheet W1.1 Exhibit No.6: Tree CuttinglLand Clearing Plan Exhibit No.8: Environmental Review Committee Mitigation Measures Exhibit No. 10: Reconsideration Request/Appeal of Determination of Unmapped Streams Exhibit No. 12: Hearing Examiner's Decision Exhibit No. 14: Zoning Map The hearing opened with a presentation of the staff report by Jill Ding. Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located to the west of Renton Avenue S, east ofI-405, and north ofa Puget Sound Energy right-of-way. It is located in the R-8 zoning designation and within the Residential Single-Family Comprehensive Plan designation. The property is approximately 3.2 acres in area. The proposal is to subdivide the site into 5 lots and one open space tract west of the proposed lots. The site slopes from east to west with an approximate slope of 26%. The proposal does qualify as a Hillside Subdivision. There are High Landslide Hazard Areas, Erosion Hazard Areas, Steep Slope areas and High Coal Mine Hazard areas located on the site. The majority of these areas are located within the open space tract. The site is currently forested, approximately 25% of the vegetation would be removed for the development of this short plat. There also are four unmapped streams and an unmapped wetland on the site located within the open space tract. The streams flow east to west on the northern and southern portions of the site. The wetland was classified as a Category 3 Wetland, which requires a 25-foot buffer. It is located at the northeast comer of the project site. Stream A has been classified as a Class 4 stream, and is not under appeal. Drainage 1, Stream B and Stream C are under appeal. Drainage 1 is a Class 4 stream, Stream B a Class 3 stream and Stream C also a Class 4 stream. Access to the proposed lots would be via single-family residential driveways onto Renton Avenue S. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated with 3 mitigation measures. No appeals were filed. The plan is consistent with the Residential Single Family Land Use, Community Design and Environmental Elements. The net density for the site would be 1.67 dulac, which complies with the density requirement for the R-8 zone. The applicant has proposed larger lot sizes than required in the R-8 zoning standards, the lots are proposed to be located on a portion of the site that does not contain steep slopes and they appear to be adequate. Lots 1,2 and 3 Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 3 should be adjusted to provide a minimum lot width of 50-feet for each of the proposed lots. Staff requested a revised short plat map be submitted prior to approval of the final short plat. A Homeowner's Association or Maintenance Agreements should be created to establish responsibility for any common improvements and the proposed open space tract. The preliminary plat map indicates the setback lines on each lot. The setbacks will be verified at the time of building permit review, each lot appears to provide adequate area to comply with the required setbacks. The building height and lot coverage appear to be in compliance with the R-8 zone, these building standards will be verified prior to the issuance of building permits for each individual structure. Access to all lots would be via single-family residential driveways off of Renton Avenue S. Half street improvements including sidewalks, curb and gutter, paving, storm drainage, street lighting and street signs are required fronting the site on Renton Avenue S. Traffic, Parks and Fire mitigation fees have been recommended for this project. The subject site slopes from east to west and has an average slope of approximately 26%. A Geotechnical Report and Grading Plan has been submitted. The eastern portion of the site has been deemed suitable for development. There are no steep slopes on that portion of the site. The City's Critical Area Regulations permit averaging of stream buffers, Class 4 streams to a minimum of a 25- foot buffer and a Class 3 stream to a minimum of 37.5-foot buffer. Nothing below those minimums has been proposed for this site. A Native Growth Protection Easement must be established over critical areas and their associated buffers. The majority of the critical areas and their buffers are located within the open space tract. There are a few areas where the buffer areas will be extended into the setback areas of the individual lots, which is permissible. Approximately 25% of the vegetation would be removed from the plat. This project came in prior to the rule of saving 25% of the trees, therefore, they do not have to meet that requirement. However, they are retaining a significant amount of trees. A landscape plan was submitted indicating 2 trees for each front yard or planting areas of each lot. A minimum 5-foot landscape strip is required along Renton Avenue S and that was not on the landscape plan. It was determined that if no additional area is available within the public right-of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. A revised landscape plan must be submitted prior to recording the final short plat. The site is located within the Renton School District, they have indicated that they can handle the proposed 2 additional students. The existing storm water runoff sheet flows to the west across the site and eventually is collected in one of the existing stream channels. The surface water runoff that will be created as a result of the construction will be directed to a series oflevel spreaders, detention would not be required on this site. The project is located within the City of Renton water and sewer service areas. There is an 8-inch water main in South 9th Street and a 4-inch water main in Renton Avenue S. There is an existing 8-inch sewer main fronting the site in Renton Avenue S. Separate sewer stubs will be provided to each building lot prior to recording of the short plat. Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 4 Debra Ricci, 1601 Second Avenue, Ste. 1080, Seattle, W A 98101 stated the engineers at Pace felt that they could modify the width of the lots to conform with the 50-foot provision, they just need a little extra time to make those adjustments. Jason Walker, Talasaea Consultants, 15020 Bear Creek Road NE, Woodinville, WA 98077 stated that he is a landscape architect and environmental planner with Talasaea. Regarding buffer averaging, there is a little over 10,150 square feet of buffer reduction that has been proposed to reduce the buffers to their minimum allowable dimension under the Code. There is 30,000 square feet available in the open space tract to accommodate the buffer replacement. Drainage 1 is proposed to be relocated into Stream A, which has a very rounded channel, it is not incised and has more flow capacity to handle increase in flow rates. Drainage 1 is an eroded channel and they are proposing to reconvey that channel to a pre-existing structure at the mouth of Stream A which also receives storm water runoff from that stream. That will help to stabilize and stop the erosion of that drainage. Stream A would also be enhanced with a number of native plants that have soil binding properties. Stream B, also proposed to be enhanced, is experiencing erosion from stormwater flows. Stream B is more significantly disturbed as far as erosion and is highly incised. The proposal is to provide approximately 20 pieces of large woody debris within that channel to provide energy dissipation for the stormwater. Stream C is in a remote comer of the site and will not be affected by any of these proposals. The proposed grading plan shows that they will be leveling the frontages of the lots to bring vehicular entry up to Renton Avenue S. It appears to be exceeding 12 yards of fill. The plan appears to be stair stepped so that they will have a daylight basement house with a garage entry located at street level. Bill Collins, 420 Cedar Avenue S, Renton, W A 98055 stated that they were concerned with during and after construction and how any introduced fill would be prevented from introducing itself into the buffer setbacks, Stream A and B setbacks. The sides are very steep and a retaining wall will have to be built up to the edge of the stream buffers. Jason Walker stated that there would be wall systems available that could be placed with minimal impact to the streams. It appears from the drawings that there would be six to seven feet of fill. Without the final design, he could not be positive how it would actually be handled. Kayren Kittrick, Development Services stated that Renton Avenue is wide enough there is no need for any addition to it. It will have to be verified that there is 20-feet of pavement to the north for access. The water line and fire flow requirements have been reviewed both by Staff and the Fire Department and is well taken care of. The stream buffers are the first thing to be marked when construction starts, double fencing is put up so that it is impossible to go beyond it, they try to minimize the errors. Without building plans it is difficult to say what is really going to happen with the walls and fill. With 12-feet offill, there will have to be an engineered wall or rockery. A condition could be that the engineered wall must be in place before the final recording. Cedar Avenue stops at that location, it was never intended to go through. She did not believe that there was a dedicated right-of-way there. Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 PageS Jill Ding stated that she did some calculations on the lots and the lot line between Lots 2 and 3 could be adjusted to meet the required lot width. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:25 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Terry Defoor, filed a request for a short plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEP A) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 900 Renton Avenue South. The subject site is located on the southwest comer of the intersection of Renton Avenue and South 9th Street. The parcel is located on Renton Hill, east and upslope ofI-405. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 1547 enacted in June 1956. 9. The subject site is approximately 140,723 square feet or 3.2 acres in size. The subject site is trapezoidal in shape with the south property line slanting from the southeast toward the northwest. The parcel is approximately 329 feet wide (east to west) by approximately 491 feet deep. 10. The subject site has complex topography. The site slopes downward to the west from Renton Avenue at an average grade of 26%. The site also contains landslide hazard areas, erosion hazard areas, both protected and sensitive slopes and coal mine hazard areas. Since the average slopes exceed 20% the subject site is classified as a "Hillside Subdivision." The "Hillside Subdivision" categorization required submission of additional geotechnical information, detailed grading information and larger lots, if appropriate. The applicant proposes importing approximately 7,000 cubic yards offill material and grading approximately 7,100 cubic yards including approximately 100 cubic yards of cut. 11. Four unmapped streams and an unmapped wetland are located on the subject site. The applicant has appealed the classification of three of those streams and that appeal is pending before the City Council. Three of the streams cross the site at its eastern property line (Drainage 1, and Streams A and B), while Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 6 the fourth, Stream C, runs across the northwest comer of the site for a short distance. The streams and their CITY CLASSIFICATIONS and buffers from south to north are: Drainage 1: Class 4; 35-foot buffer Stream A: Class 4; 35-foot buffer Stream B: Class 3; 75-foot buffer Stream C: Class 4; 35-foot buffer In addition, Wetland B is located in the northeast comer of the site. It is approximately 196 square feet and generally centered on Stream B. It is designated as follows: Wetland B: Category 3; 25-foot buffer 12. Since the appeal of the stream classifications are still pending, the applicant submitted a short plat based on the City's classifications. The plat would work around and with the streams by using buffer averaging, rerouting Drainage 1 and creating five, somewhat irregularly shaped lots that all front along Renton Avenue. Buffer averaging would allow a reduction in the buffers to 25 feet for Class 4 streams, Stream A, and 37.5 feet for Class 3 streams, Stream B. The location of Stream C, in the northwest comer of the parcel, would not be affected by the proposed platting. Wetland B, a Category 3 wetland, would be unaffected as it is located entirely within the buffer proposed for Stream B. In addition, the majority of the subject site would be left undisturbed in protected areas containing the steeper slopes, coal mine areas, and enlarged stream buffer areas. No development on the subject site is proposed north of Stream B and there would be no reason to reduce its buffer between the stream and the north property line. 13. Staff noted that approximately 25 percent of existing vegetation along the eastern portion of the subject site where the five lots would be developed would be cleared of vegetation. Some areas of the five private lots would contain required buffer areas and staff recommended that those be protected along with other undeveloped portions of the site into a Native Growth Protection Easement. Code also requires two trees be planted in each front yard and that there be landscaping in the street right-of-way. 14. Proposed Lots 1,2 and 3 (north to south) would be located south of Stream B and its narrowed 37.5 foot buffer and north of Stream A and its narrowed 25 foot buffer. Proposed Lots 4 and 5 would be located south of Stream A. Proposed Lot 4 would be located in the area where Drainage 1 would be relocated into Stream A. 15. In keeping with the hillside subdivision requirements, all of the proposed lots exceed the R-8 zone's required 4,500 square feet with lots ranging in size between 7,137 square feet to 10,198 square feet. As staff noted, the Proposed Lots 1 and 2 appear to be narrower than the required 50-foot average for width but that Proposed Lot 3 appears to have sufficient width to allow an appropriate adjustment to the other two lots. This adjustment would modestly alter the lot area calculations but all of the lots already exceed 4,500 square feet. The open space tract would be 96,919 square feet. 16. Access to all the lots would be via Renton Avenue. Grading will be done to create appropriate driveway grades and reasonable building pads. The applicant proposes constructing retaining structures adjacent to the stream buffer areas. This would create trench-like, unnatural slopes adjacent to the creeks. 17. The density for the plat would be 1.67 dwelling units per acre after subtracting sensitive areas such as the steep slopes, coal mine and wetland areas. This falls below the generally accepted range of 4 to 8 Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 7 units per acre but is the result of the constraints found on the site including the creeks, their buffers, the other sloping areas and access issues. 18. The subject site is located within the Renton School District. The project is expected to generate approximately 2 school age children. These students would be spread across the grades and would be assigned on a space available basis. 19. The development will increase traffic approximately 10 trips per unit or approximately 50 trips for the 5 single-family homes. Approximately ten percent of the trips, or approximately 5 additional peak hour trips will be generated in the morning and evening. 20. Stormwater currently sheet flows to the west in general. Some would enter the various drainages that flow east to west across the site. The ERC imposed drainage requirements if detention were determined to be required. Level spreaders would collect and disperse runoff resulting from the proposed construction on the site. Downspouts would be tightlined. 21. Sewer and water service will be provided by the City. The applicant will have to meet fire flow requirements for single-family homes and such requirements depend on home size and other factors that will be determined when building plans are submitted. 22. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs of those services. These fees are applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. CONCLUSIONS: 1. The proposed plat appears to generally serve the public use and interest. The applicant has attempted to design a plat that works around a number of site constraints and severe site constraints. Currently, three water features affect the more level, developable area of the subject site. The wetland has minimal impact since it is wholly contained within a proposed narrowed stream buffer. Similarly, Stream C is located out of the proposed development envelope and does not affect the site. The coal mine and protected slopes will be confined to a Native Growth Protection Easement. This leaves the eastern one- third of the site for development. The proposed buffer averaging allows the applicant to make use of the site in an almost reasonable fashion, although staff noted, some lots will have to be reconfigured to provide appropriate width. 2. The construction of improvements to retain and define the slopes and narrowed buffers along the streams should be more natural and blended or terraced even if this means the homes have to be designed to take advantage of the more natural or stepped slopes or are constrained by creating more gradual slope changes. The streams should be treated as natural, or, at least, aesthetic features of the subject site rather then be hemmed by either vertical rockeries or concrete walls. The required buffer on the north side of Stream B shall not be reduced as a result of constructing this plat. 3. The reduced density on this clearly compromised parcel appears appropriate. As noted, there are coal mine hazards, steep slopes, wetland and creeks all affecting the subject site. Creating five lots may even be taxing the site given its constraints but the applicant is entitled to some reasonable use of its approximately three-acre parcel. Given the constraints the reduced density appears as an acceptable tradeoff. Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 8 4. The development will create infill development in an area where urban services are available. The development will increase the tax base to help offset some of the impacts that the development will create on the City but those taxes will not completely reduce the impacts of new homes and their residents. 5. The development will increase the demands on the City's parks, roads and emergency services. The applicant shall therefore help offset those impacts by providing mitigation that matches the fees established by the City. 6. The applicant will have to provide appropriate onsite landscaping and street frontage landscaping per code requirements. 7. All required buffers shall be clearly delineated and incorporated into a Native Growth Protection easement even if they fall within any of the proposed five lots. 8. In conclusion, the proposed plat appears to provide a reasonable development scenario for this compromised parcel subject to the conditions enumerated below. DECISION: The proposed Short Plat is approved subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. The proposed short plat map shall be revised to show each lot with a minimum width of 50-feet. The revised short plat map shall be submitted to the Development Services division project manager prior to the approval of the final short plat. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for this development. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. 4. A Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project shall be paid prior to the recording of the short plat. Each new lot is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $3,588.75 ($75.00 x 9.57 trips x 5 lots = $3,588.75). 5. A revised Wetland Study, Stream Assessment, Habitat Study, Watershed Restoration and Mitigation Plan shall be submitted to the Development Services Division project manager for review and approval prior to the approval of the final short plat. The revised report shall include an onsite buffer averaging plan for the proposed impacts to the buffers of Streams A and B. 6. A revised short plat map showing a Native Growth Protection Easement over the proposed open space tract and the side yard areas of Lots 1,3, and 4 where the stream buffer extends into the side yards shall be submitted to the Development Services Division project manager prior to the approval of the final short plat. The Native Growth Protection Easement shall be recorded prior to or concurrent with the recording of the finals short plat map. Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 9 7. The Native Growth Protection Easement shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit for review and approval and that such fencing and signage shall be installed prior to the recording of the final short plat. 8. A revised conceptual landscape plan shall be submitted to the Development Services Division project manager prior to the recording of the final short plat showing a minimum 5-foot wide planting strip along Renton Avenue S. 9. A Fire Mitigation Fee based on $488.00 per new single-family lot shall be paid prior to the recording of the final short plat. The fee is estimated at $2,440.00 (5 new lots x $488.00 = $2,440.00). 10. A Parks Mitigation Fee based on $530.76 per each new single-family lot shall be paid prior to the recording of the final short plat. The fee is estimated at $2,653.80 (5 new lots x $530.76 = $2,653.80). 11. The construction of improvements to retain and define the slopes and narrowed buffers along the streams shall be more natural and blended or terraced even if this means the homes have to be designed to take advantage of the more natural slopes or are constrained by creating more natural slope changes. The streams shall be treated as natural, or, at least, aesthetic features of the subject site rather then be hemmed by either vertical rockeries or concrete walls. ORDERED THIS 17th day of October 2006 TRANSMITTED THIS 17 th day of October 2006 to the parties of record: Jill Ding 1055 S Grady Way Renton, W A 98055 Bill Collins 420 Cedar Avenue S Renton, WA 98055 Eric & Karen Bernard PO Box 59306 Tukwila, WA 98138 Debra Eby Ricci Attorney at Law 1601 Second Avenue, Ste. 1080 Seattle, W A 98101 Pat Conger 1301 S 9th Street Renton, W A 98055 Tim Burkhardt 4927 197th Avenue E Bonney Lake, W A 98390 Jason Walker Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, W A 98077 Ruth Larson 714 High Avenue S Renton, W A 98055 Brian Beaman Icicle Creek Engineers 230 NE Juniper Street Issaquah, W A 98027 Defoor Short Plat File No.: LUA-05-089, SHPL-H October 17, 2006 Page 10 Michael Chen Core Designs, Inc. Maryann Reinhart GeoEngineers Hugh Mortensen Watershed Company 1410 Market Street Kirkland, W A 98033 14711 NE 29th Place, Ste. 101 Bellevue, W A 98007 8410 154th Avenue NE Redmond, W A 98052 TRANSMITIED THIS 17 th day of October 2006 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., October 31, 2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the E~aminer within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., October 31, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council.