HomeMy WebLinkAbout28 Hundred Unit Lot Subdivision Preliminary Plat, Site Plan, Conditional Use, Density Bonus and Street Modification1
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PRELIMINARY PLAT, SP, CU, SM, DB - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: 28 Hundred Unit Lot Subdivision
Preliminary Plat, Site Plan, Conditional
Use, Density Bonus and Street
Modification.
LUA17-000163, PP, CU-A, SA-A,
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FINDINGS OF FACT, CONCLUSINS OF
LAW AND FINAL DECISION
SUMMARY
The Applicant requests preliminary plat approval, site plan approval, conditional use approval,
density bonus approval and a street modification for an 11 lot subdivision to construct eleven
townhomes at 2800 NE 12th St. The proposal is approved subject to conditions.
TESTIMONY
Jill Ding, Senior Planner for the Renton Department of Community and Economic Development,
summarized the staff report. Ms. Ding clarified that a dumpster/recycle area depicted on its
landscaping plan is no longer proposed by the Applicant. The Applicant instead proposes individual
garbage and recycling containers for each unit. This is allowed by City code so the recommended
condition for a common recycle/dumpster area (Condition No. 9) can be removed. In response to
Examiner questions, Ms. Ding noted that the requested fee waiver will go to the City Council and
does not need to be addressed by the Examiner.
Ann Fowler, from Renton Public Works, testified that the requested street modification will increase
public safety by aligning the sidewalk to be consistent with adjoining frontage improvements on
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PRELIMINARY PLAT, SP, CU, SM, DB - 2
Harrington and 12th streets. Public Works has found the modification to be safe and provide for
efficient circulation.
James Howton, Applicant, noted that the Applicant has been working with City staff on the
application for over three years. Page 9, first paragraph of the staff report identifies the need to
eliminate access points across a landscape strip. The Applicant agrees with this recommended
condition and will comply. On Page 13, the staff report notes that the common open space doesn’t
comply with a 20 foot minimum width requirement. The Applicant will be able to meet the 20 foot
requirement by moving Units 10 and 11 to the west. Mr. Howton noted that 3,800 square feet of open
space is required for the project and the Applicant is proposing 7,941 square feet. Mr. Howton also
noted that proposed access would be revised to meet the recommended access conditions identified at
page 14 of the staff report. Mr. Howton confirmed Ms. Ding’s comments that the Applicant would
be proposing individual recycle/disposal containers in lieu of a common area as authorized by City
code. There are currently five fire hydrants within 300 feet of the proposed buildings. There’s one
fire hydrant on the northwest corner of the site and another on the southwest corner of the site.
There’s also a hydrant north on Harrington Avenue and one south n Harrington Avenue. Those were
put in the by the City as part of sidewalk improvement projects. The fire hydrants are up to code so it
should be easy to comply with the Fire Authority’s fire hydrant recommendations. The one issue the
Applicant has difficulty with is access to Units 10 and 11, particularly Unit 10. The City is requiring
a sidewalk on the east side of the units up to Unit 10. Ms. Ding is willing to work with the Applicant
on a possible modification to that requirement after approval. Also, requiring a planting strip along
the driveway may not be feasible and may be the subject of a post-approval modification. Some
documents required by the recommended conditions have already been submitted. At the first
neighborhood meeting, Larry Palmer, who was renovating a nearby duplex, was very happy with the
Applicant’s proposal. Another woman living several blocks away was also very happy with the
proposal.
In rebuttal and response to Examiner questions, Ms. Ding confirmed that staff will be considering
sidewalk and width modifications after project approval.
Mr. Howton noted that the project will be a great upgrade to the vicinity.
EXHIBITS
Exhibits 1-19 listed on page 2 of the July 10, 2018 Staff Report, in addition to the Staff Report itself
(Ex. 1), were admitted into evidence during the public hearing. Additional exhibits admitted during
the hearing are the following:
Exhibit 20 Staff Power Point
Exhibit 21 City of Renton COR Maps
Exhibit 20 Google Maps (aerials of project site and vicinity
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PRELIMINARY PLAT, SP, CU, SM, DB - 3
FINDINGS OF FACT
Procedural:
1. Applicant. Greystoke, LLC 720 N 10th Street, A282, Renton, WA 98057.
2. Hearing. A hearing on the application was held on July 10, 2018 in the City of Renton
Council City Chambers.
3. Project Description. The Applicant requests preliminary plat approval, site plan approval,
conditional use approval, density bonus approval and a street modification for an 11 lot subdivision
to construct eleven townhomes at 2800 NE 12th St. The townhomes would be constructed within
two 4-unit buildings and one 3-unit building. One of the townhomes would be reserved as an
affordable dwelling unit. The proposed lots would range in area from 960 square feet to 1,155 square
feet. In addition, two common area tracts are proposed (Tracts A and C).
The Applicant is requesting a Conditional Use Permit for an increase in the maximum floor plate
height from 24 feet to 32 feet. Access to the proposed units is proposed via a 38-foot wide unit lot
driveway within Tract B.
The Applicant is requesting a density bonus to exceed the maximum 14 dwelling units per acre
authorized in the R14 zone. The Applicant proposes 17.46 dwelling units per acre. Densities up to
18 dwelling units per acre are authorized in the R14 zone pursuant to RMC 4-9-065 based upon
provision of affordable housing units. The Applicant proposes one affordable housing unit to satisfy
the density bonus requirements.
Pursuant to Renton Municipal Code (RMC) 4-9-250.D, the Applicant is requesting a street
modification from RMC 4-6-060.F.2, Minimum Design Standards for Public Streets and Alleys, for
NE 12th St, a Collector Arterial. The Applicant is proposing to reduce the required right-of-way
dedication from 16.5 feet to 9.5 feet and maintain the existing street section which includes a paved
roadway width of 40-feet, 0.5-foot curb and gutter, and install a new 6-foot planter strip/bioretention
cell and a new 5-foot sidewalk on the north of the roadway along the project street frontage. Staff
have recommended approval of this modification because it aligns the street frontage with currently
existing frontage on adjoining development. Public works staff have determined that the proposed
modification will provide for safe and efficient pedestrian circulation.
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PRELIMINARY PLAT, SP, CU, SM, DB - 4
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer service will be provided by the City of
Renton. Eight inch water and sewer mains are located close enough to the project site for
easy connection.
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
resources exist to furnish services to the proposed development. Water mains available
to the site can supply the required 2,500 gpm fire flow and it appears that there are
enough fire hydrants (three within 300 feet) to meet hydrant requirements.
C. Drainage. The proposal provides for adequate stormwater drainage facilities. The
proposal is subject to the City’s 2017 City of Renton Surface Water Design Manual,
which requires that the project not generate off-site stormwater flows that exceed
predevelopment, forested conditions. City staff have reviewed the Applicant’s
preliminary stormwater design and found it consistent with the requirements of the
Design Manual.
The Applicant’s preliminary stormwater system design is detailed in Exhibit 15, the
Applicant’s Preliminary Technical Information Report, prepared by Encompass
Engineering and Surveying, dated revised April 10, 2018. As detailed in the report, the
project site is located in the City’s Peak Rate Flow Control Standard area (Existing Site
Conditions). The site is also located in the East Lake Washington drainage basin. The
site is currently underlain with Arents, Alderwood, gravelly sandy loam (AmC) soil. Per
the submitted Infiltration Evaluation (Exhibit 16), the onsite soils are suitable for
infiltration best management practices. Runoff from the site currently flows to the
southwest where it enters the City’s storm drainage system which eventually discharges
into the storm system in NE Sunset Blvd and then into Lake Washington. A detention
vault, together with a Filterra biofiltration device with a presedimentation chamber and/or
Vortechs hydrodynamic separator would provide required flow control and enhanced
water quality treatment.
D. Parks/Open Space. City ordinances require the payment of park impact fees prior to
building permit issuance. The impact fees provide for adequate parks and open space.
The Applicant will be applying for a waiver to the fees due to the provision of affordable
housing, which will be decided by the City Council.
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PRELIMINARY PLAT, SP, CU, SM, DB - 5
RMC 2-2-115 also requires open space for residential developments involving four or
more dwelling units in the R14 zone. The standard requires 350 square feet of open
space per dwelling unit, or 3,850 square feet total for the proposal. The proposal
substantially exceeds this minimum standard by including 7,941 square feet of open
space. The open space will be accommodated in two open space tracts. The tracts are
largely located around the project perimeter. In addition, a pea patch is prosed within
Tract C on the eastern side of the proposed unit lot drive, to the north of proposed
Building 3.
The proposed common open space tracts do not appear to comply with the 20-foot
minimum width requirement and the pea patch does not meet the minimum standards as
required by code. As an alternative, the project could apply for a fee in lieu of common
open space per RMC 4-1-240.B.3 as the project site is located within ¼ mile of the new
Sunset Park. The Applicant testified at hearing that the required open space width can be
accommodated by moving some units by moving Units 10 and 11 to the west. To address
the situation, a condition of approval requires that either the layout of the unit lot
subdivision be revised to provide common open space for a minimum area of 3,850
square feet that complies with the minimum standards of RMC 4-2-115 or that a fee in
lieu of common open space be requested in accordance with RMC 4-1-240.B.3.
E. Streets. The proposal provides for adequate 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 well into adjoining
streets and sidewalks.
A private unit lot drive that connects NE 12th St with NE 13th St would provide access of
all of the townhome units. None of the townhomes would take direct access off of the
surrounding public streets, thereby reducing the number of curb cuts generated by the
project to two. Sidewalks would be constructed within the NE 12th St and NE 13th St
rights-of-way and the existing sidewalk within Harrington Ave NE would remain. The
proposed townhomes would include pedestrian connections to the existing and proposed
sidewalks, allowing for the safe movement of pedestrians on and around the project site.
Conditions of approval require some minor modifications to the proposed pedestrian
connections to ensure safe and efficient pedestrian circulation.
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PRELIMINARY PLAT, SP, CU, SM, DB - 6
Increased traffic created by the development would be mitigated by payment of
transportation impact fees. Currently this fee is assessed at $2,822.61. This fee increases
each year and the applicable fee is paid at the time of Building Permit issuance. The
Applicant has requested a fee waiver for owner occupied housing in the Sunset Area.
F. Parking. Sufficient area exists, on each lot, to accommodate required off street motor
vehicle parking for a minimum of 1.6 vehicles per dwelling unit as required by City code.
The Applicant exceeds the parking standard by proposing two car garages for each unit
lot.
As to bicycle parking, One-half (0.5) bicycle parking space per one dwelling unit is
required for projects with more than 5 dwelling units. For attached dwellings, spaces
within the dwelling units or on balconies do not count toward the bicycle parking
requirement. However, designated bicycle parking spaces within individual garages can
count toward the minimum requirement.
Based on the proposal for 11 townhome units, a total of 6 bicycle parking spaces are
required. Bicycle parking is shown on the submitted Conceptual Landscape Plan (Exhibit
11). However, no details were included regarding the proposed bike racks. Therefore, a
condition of approval requires that a bicycle parking detail in compliance with RMC 4-4-
080.F.11.c be provided at the time of Building Permit review for review and approval by
the Current Planning Project Manager.
G. Schools. The proposal provides for adequate and appropriate schools and walking
conditions to and from school. It is anticipated that the Renton School District can
accommodate any additional students generated by this proposal at the following schools:
Sierra Heights Elementary, McKnight Middle School and Hazen High School. Any new
students from the proposed development would be bussed to their elementary and high
schools and would walk to middle school. The stop for Sierra Heights Elementary
School is located at the northwest corner of the project site at the intersection of
Harrington Ave NE and NE 13th St. Students attending McKnight Middle School would
walk to school, which is directly across from the project site. Students would walk along
the existing sidewalks along Harrington Ave NE to NE 16th Street where they would walk
to the west along the existing sidewalks to the school entrance. The bus stop for students
attending Hazen High School is located at the southwest corner of the project site at the
intersection of Harrington Ave NE and NE 12th St. The proposed project includes the
installation of frontage improvements along the NE 12th St and NE 13th St frontages,
including sidewalks.
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PRELIMINARY PLAT, SP, CU, SM, DB - 7
A School Impact Fee, based on new single-family lots, will be required in order to
mitigate the proposal’s potential impacts to the Renton School District. The fee is payable
to the City as specified by the Renton Municipal Code. Currently the fee is assessed at
$1,448.00 per townhome unit.
H. Refuse and Recycling. RMC 4-4-090 sets the standard for adequate refuse and recycling
facilities. Specifically, RMC 4-4-090(D)(1)(a) requires a minimum of 1.5 square feet of
refuse and recyclable space per dwelling unit for multi-family developments. The
Applicant initially proposed one or more common refuse and recycling areas, but has
since amended its proposal to provide for individual refuse and recycling. The space and
location dedicated to such use does not appear to be in the record. Consequently, a
condition of approval requires the Applicant to submit a refuse and recycling plan that
establishes compliance with RMC 4-4-090.
I. Landscaping. As conditioned, the proposal complies with the City’s landscaping
standards. The City’s landscape regulations (RMC 4-4-070) require a 10-foot landscape
strip along all public street frontages. Additional minimum planting strip widths between
the curb and sidewalk are established according to the street development standards of
RMC 4-6-060. Street trees and, at a minimum, groundcover, are to be located in this area
when present. Any additional undeveloped right-of-way areas shall be landscaped unless
otherwise determined by the Administrator. Where there is insufficient right-of-way space
or no public frontage, street trees are required in the front yard subject to approval of the
Administrator. In Unit Lot Subdivisions, the landscaping regulations are applicable to the
parent parcel, not to the individual unit lots.
The Applicant submitted a Conceptual Landscape Plan (Exhibit 11) with the project
application materials. A 6-foot wide landscape planter is proposed between the curb and
sidewalk along NE 12th St, an 8-foot wide landscape planter is proposed between the curb
and sidewalk along the NE 13th St frontage. The proposed landscape planters would
include the planting of street trees (sweet gum) and lawn areas. There is an existing
landscape strip between the curb and sidewalk along Harrington Ave NE. There are two
existing street trees, a rain garden, and lawn area within this landscape strip. There are
two driveway curb cuts that are proposed to be removed and replaced with lawn area.
There appears to be adequate area to add additional street trees with the removal of the
existing driveways. A condition of approval requires that a detailed landscape plan be
submitted at the time of Construction Permit review for review and approval by the
Current Planning Project Manager.
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PRELIMINARY PLAT, SP, CU, SM, DB - 8
The 10-foot onsite landscape strip along the NE 12thSt, Harrington Ave NE, and NE
13thSt frontages would be comprised largely of lawn and Chanticlear pear trees. In
addition, there are two access pads proposed for maintenance of the proposed stormwater
vault within the required 10-foot onsite landscape strip. Staff has concerns that the
proposed access pads would detract from the overall aesthetics of the proposed
development. In addition, the 10-foot onsite landscape strip is required to be comprised of
a mix of trees, shrubs, and ground cover. A condition of approval requires that the
proposed access pads be removed to the maximum extent feasible to allow for
compliance with the City’s landscaping regulations as well as access requirements for the
maintenance of the stormwater vault and that the 10-foot onsite landscape strip be planted
with a mix of trees, shrubs, and ground cover. The Applicant representative testified he
finds this condition acceptable.
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. Surrounding uses are composed of single and multi-family development
and McKnight Middle School. The proposed townhomes are compatible with these types
of uses. Tree retention will also help maintain compatibility.
B. Tree Retention. Tree retention enhances compatibility and as proposed is consistent with
the City standards. The Applicant submitted a Tree Retention Worksheet (Exhibit 12),
Arborist Report (Exhibit 13), and Conceptual Landscape Plan (Exhibit 11) with the
project application materials. According to the submitted Tree Retention Worksheet,
there are 6 significant trees located on the project site, of those 2 have been determined to
be dangerous trees by the Applicant’s arborist (Exhibit 13), which results in 4 viable trees
remaining on the project site. Of the 4 remaining trees, 20 percent (20%) or 1 tree would
be required for retention. The Applicant is proposing to retain 2 trees, which exceeds the
minimum tree retention requirements. Both retained trees would be located within a
common area tract (Tract C) and would have bike racks located within the drip lines of
these retained trees. A condition of approval requires that an arborist be onsite during the
installation of any proposed improvements within the drip lines of retained trees. In
addition, the arborist will be required to recommend specific care requirements to ensure
the long term health of the trees during and after construction.
C. Critical Areas. The only critical area on-site is a wellhead protection area. There are no
minimum buffer or building setbacks required for Wellhead Protection Areas. However, a
fill source statement is required for any fill imported onto the project site.
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PRELIMINARY PLAT, SP, CU, SM, DB - 9
D. Noise, light and glare. As noted in the staff report, the proposed 32-foot maximum wall
plate height is not anticipated to generate additional noise, light, or glare impacts over the
standard 24-foot height permitted in the R-14 zone.
A lighting plan was not provided with the application; therefore, a condition of approval
requires that a lighting plan be provided at the time of Building Permit review for review
and approval by the Current Planning Project Manager. To ensure safety and avoid
excessive brightness pedestrian scale lighting should be provided on the primary entries
of each unit as well as along the pedestrian walkways as necessary to provide sufficient
lighting for pedestrian safety, but shall also be designed to minimize light spill and glare
onto adjoining properties.
E. Views. As concluded in the staff report, it is not anticipated that the proposed
townhomes would impact any views of the surrounding properties. The proposed
structures would not block any view corridors to Mount Rainier or any shorelines.
Conclusions of Law
1. Authority. RMC 4-8-080(G) classifies Hearing Examiner conditional use applications and
preliminary plat applications as Type III permits. Site plan review is required for all development in
the R14 zone by RMC 4-9-200(B)(2)(a). In the absence of the conditional use and preliminary plat
applications, no Hearing Examiner review would be required for the site plan and it would be
classified as a Type II permit by RMC 4-8-080(G). The street modification request is classified by
RMC 4-8-080(G) as a Type I review. RMC 4-8-080(C)(2) requires consolidated permits to each be
processed under “the highest-number procedure”. The Type III reviews are the “highest-number
procedure” and therefore must be employed for all of the permit applications. As outlined in RMC
4-8-080(G), the Hearing Examiner is authorized to hold hearings and issue final decisions on Type
III applications subject to closed record appeal to the Renton City Council.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned R14. The
comprehensive plan map land use designation is Residential High Density.
3. Review Criteria and Street Modification. Chapter 4-7 RMC governs the criteria for
subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. RMC 4-9-030(C)
governs the criteria for conditional use permit review. Applicable standards are quoted below in
italics and applied through corresponding conclusions of law. All applicable criterion quoted below
are met for the reasons identified in the corresponding conclusions of law. Street modification
standards are governed by RMC 4-9-250.D. The findings and conclusions of Finding No. 21 of the
staff report, as well as Finding No. 3 of this decision, are adopted to determine that the proposal
meets the criteria for street modification.
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PRELIMINARY PLAT, SP, CU, SM, DB - 10
Subdivision
RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
2. Access: Establish access to a public road for each segregated parcel.
3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied
because of flood, inundation, or wetland conditions. Construction of protective improvements may
be required as a condition of approval, and such improvements shall be noted on the final plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
supplies and sanitary wastes.
4. As to compliance with the Zoning Code, Finding 15 of the staff report is adopted by
reference as if set forth in full. This includes the staff findings and conclusions in Finding 15 that the
proposal qualifies for the requested density bonus due to the provision of an affordable housing unit.
Each proposed lot will directly access a public road -- specifically the internal unit lot drive
identified in Finding of Fact No. 4(E) connects the unit lots to NE 12th and 13th streets. 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 14 of the staff report, which is incorporated by this reference as if set forth in full.
RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road
or street (according to City specifications) to an existing street or highway.
6. The unit lot drive providing access to all proposed lots will connect to NE 12th St and NE
13th.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. The proposal doesn’t include any new public streets so the criterion does not apply.
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PRELIMINARY PLAT, SP, CU, SM, DB - 11
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail,
provisions shall be made for reservation of the right-of-way or for easements to the City for trail
purposes.
8. The proposal does not touch upon any designated trail.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
land with features likely to be harmful to the safety and general health of the future residents (such
as lands adversely affected by flooding, steep slopes, or rock formations). Land which the
Department or the Hearing Examiner considers inappropriate for subdivision shall not be
subdivided unless adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider
such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a
lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-
050J1a, without adequate area at lesser slopes upon which development may occur, shall not be
approved.
…
3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
4. Streams:
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.
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PRELIMINARY PLAT, SP, CU, SM, DB - 12
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 development will not encroach into critical areas except for a wellhead
protection area that imposes nominal standards that are implemented through the conditions of
approval. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC
4-4-130 as determined in Finding of Fact No. 5. No steep slopes or streams are located on the
property.
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
family residential zones as defined in the Zoning Code shall be contingent upon the subdivider’s
dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the
adverse effects of development upon the existing park and recreation service levels. The
requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation
Resolution.
10. City ordinances require the payment of park impact fees prior to building permit issuance.
As outlined in Finding of Fact No. 4, the Applicant will also be dedicating two open space tracts that
far exceed minimum open space area requirements.
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 proposed internal unit lot drive will connect NE 12th St to NE 13th as required by the
standard quoted above.
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. As
previously identified, the proposed internal unit lot drive will connect NE 12th St to NE 13th St. NE
12th is a collector arterial. NE 13th St. is classified as a residential access street.
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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:
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.
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7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due
to demonstrable physical constraints no future connection to a larger street pattern is physically
possible.
15. The criterion is met. The proposal does not involve the creation of any new public streets, so
grid pattern requirements and the like do not apply. The unit lots will be accessed by a private “unit
lot driveway” that will provide a private connection between NE 12th and NE 13th streets as
encouraged by the criterion above. The unit lot driveway will serve as alley access to units 1-8 as
encouraged by the criterion above.
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. No additional street extensions are proposed, possible or necessary for the proposal.
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 Ex. 4, the side lines are in conformance with the requirement quoted above.
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
access easement street per the requirements of the street standards.
19. 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 previously determined, the proposed lots comply with the zoning standards of the R14
zone, which includes area, width and density.
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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 Ex. 4, 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 no significant on-site natural features.
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
24. As conditioned.
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
sufficient length to permit full-width roadway and required slopes. The drainage system shall be
designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
detention capacity for future development of the lots. Water quality features shall also be designed to
provide capacity for the new street paving for the plat.
25. The 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
incorporated into the technical information report and will be further implemented during civil plan
review, ensure compliance with all of the standards in the criterion quoted above.
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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. As proposed and conditioned.
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.
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
final ground elevation and capped. The cable TV company shall provide maps and specifications to
the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
28. As conditioned.
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
B. SURVEY:
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
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29. As conditioned.
Conditional Use
The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the
zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
30. As conditioned, the proposal is consistent with all applicable comprehensive plan policies
and development standards as outlined in Findings of Fact No. 14 and 15 of the staff report, adopted
by this reference as if set forth in full.
RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the immediate area of the
proposed use. The proposed location shall be suited for the proposed use.
31. The proposed use involves townhomes in an area characterized by single-family and multi-
family development. The added variety of housing type will not serve as an overconcentration of a
particular use.
RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
32. As determined in Finding of Fact No. 5, as conditioned, there are no adverse impacts
associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent
property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
33. As determined in Finding of Fact No. 5, the proposed use is compatible with the scale and
character of the neighborhood.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
34. As determined in Finding of Fact No. 4, the proposal includes parking that is consistent with
applicable parking standards, which sets a legislative standard for adequate parking.
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RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
shall mitigate potential effects on the surrounding area.
35. As outlined in Finding of Fact No. 4(E), the proposal provides for safe circulation and
adequate traffic mitigation and facilities.
RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
36. As determined in Finding of Fact No. 5, the proposed increase in height for the conditional
use will not result in any adverse light, noise or glare impacts.
RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
37. As shown in the plat maps for the proposal, Ex. 4, all undeveloped portions of the site are
landscaped.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies,
especially those of the applicable land use designation; the Community Design Element; and any
applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-100.
38. As concluded in Conclusion of Law No. 4 and as conditioned, the proposal is consistent with
the City’s comprehensive plan and development regulations. The project complies with all
applicable design standards as identified in Finding No. 16 of the staff report, the findings and
conclusions of which are adopted by this reference.
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RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a particular
portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and
adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop
equipment, loading areas, and refuse and recyclables to minimize views from surrounding
properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to
attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and surrounding
properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the
project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
39. As conditioned, the criteria quoted above are met. The proposed use is compatible with
surrounding uses as determined in Finding of Fact No. 5. As determined in Finding of Fact No.
4(E), the proposal provides for desirable transitions and linkages between uses, streets, walkways
and adjacent properties. As determined in Findings of Fact No. 4, proper screening and/or design
location will be implemented to conceal refuse and recyclable areas since those issues are addressed
by the City’s refuse and recycle design standards. No loading areas or significant rooftop
equipment is proposed or required of the proposal. As determined in Finding of Fact No. 5(E), the
proposal will not adversely affect any views. As determined in Finding of Fact No. 4, the proposal is
consistent with the City’s landscaping standards. As shown in Exhibit 11, the Applicant’s
conceptual landscaping plan, the buildings are almost entirely surrounded by trees and other
landscaping features and significant street frontage open space separates the proposed buildings from
Harrington Avenue, thereby reducing noise and glare, maintaining privacy, and generally enhancing
the appearance of the project. As conditioned, the proposal will not create any significant light
impacts, including excessive brightness or glare, for the reasons identified in Finding of Fact No. 5.
RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including:
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i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing
and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and
vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils,
using topography to reduce undue cutting and filling, and limiting impervious surfaces; and
iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade
and privacy where needed, to define and enhance open spaces, and generally to enhance the
appearance of the project. Landscaping also includes the design and protection of planting areas so
that they are less susceptible to damage from vehicles or pedestrian movements.
40. The criteria quoted above are met. As determined in Finding of Fact No. 5, the proposal will
not create any significant privacy or noise impacts and is compatible with adjoining uses, including
in terms of scale and intensity. There are no significant natural features on site and trees will be
retained in conformance with the City’s tree retention standards as outlined in Finding of Fact No. 5.
The proposal complies with the City’s landscaping standards as outlined in Finding of Fact No. 4.
As conditioned, no additional landscaping is found to be necessary to meet the objectives of the
criterion quoted above.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets rather
than directly onto arterial streets and consolidation of ingress and egress points on the site and,
when feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including
the location, design and dimensions of vehicular and pedestrian access points, drives, parking,
turnarounds, walkways, bikeways, and emergency access ways;
iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian
areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings, public sidewalks and adjacent properties.
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41. The proposal as conditioned provides for adequate access and circulation and bicycle parking
as required by the criterion above for the reasons identified in Finding of Fact No. 4.
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
42. As outlined in Finding of Fact No. 4, the proposal provides for an ample amount of open
space that significantly exceeds minimum standards. The open space serves as a distinctive focal
point on the Harrington Street frontage of the buildings and provide adequate area for passive and
active recreation.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
43. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as
determined in Finding of Fact No. 5.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
44. There are no natural systems at the site or that would be affected by the proposal.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
45. The project is served by adequate services and facilities as determined in Finding of Fact No.
4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
46. The project is not phased.
DECISION
The proposed preliminary plat, site plan, conditional use, street modification and density bonus are
comply with all the development standards quoted above and are therefore approved subject to the
following conditions of approval:
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1. A draft agreement in a form approved by the City with the King County Recorder’s Office
requiring that the one affordable housing unit remain affordable housing for fifty (50) years or the
life of the development, whichever is less, shall be provided for review and approval at the time of
Building Permit review to the Current Planning Project Manager and City Attorney. This agreement
shall be a covenant running with the land, binding on the assigns, heirs and successors of the
Applicant to the satisfaction of the City Attorney. Such agreement shall be recorded prior to
Temporary Certificate of Occupancy.
2. A detailed landscape plan shall be submitted at the time of Construction Permit review for
review and approval by the Current Planning Project Manager. This detailed landscape plan shall
include, but not be limited to, the following:
a. A mix of trees, shrubs, and ground cover within the 10-foot onsite required landscape strip;
and
b. Any utility boxes that are visible to the public shall be screened with landscaping or berms;
and
c. Additional street trees within the existing landscape strip shall located between the curb and
sidewalk along Harrington Ave NE where the driveway removal is proposed; and
d. The proposed stormwater vault access pads shall be removed to the maximum extent feasible
to allow for compliance with the City’s landscaping regulations as well as access requirements for
the maintenance of the stormwater vault.
Onsite landscaping shall be installed prior to certificate of occupancy for the proposed buildings.
Landscaping required within the public right-of-way shall be installed prior to the recording of the
final plat.
3. An arborist shall be onsite during the installation of any proposed improvements within the
drip lines of retained trees. In addition, the arborist should recommend specific care requirements to
ensure the long term health of the trees during and after construction.
4. Either the layout of the unit lot subdivision shall be revised to provide common open space
with a minimum width of 20 feet and a minimum area of 3,850 square feet or a fee in lieu of
common open space shall be requested in accordance with RMC 4-1-240.B.3. The revised unit lot
subdivision or fee in lieu request shall be submitted at the time of Construction Permit review.
5. Additional information shall be submitted at the time of Construction Permit review
demonstrating the project’s compliance with the private open space requirements of a minimum of
250 square feet per unit with no dimension less than 8 feet in width.
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6. All primary entry doors shall be trimmed with three and one-half inches (3 1/2") minimum
head and jamb trim around the door. Revised elevations including the trim detail shall be submitted
to the Current Planning Project Manager at the time of Building Permit review for review and
approval prior to Building Permit issuance.
7. A color palette coded to the exterior building elevations shall be provided to the Current
Planning Project Manager at the time of Building Permit review for review and approval prior to
Building Permit issuance.
8. The Applicant shall either submit revised elevations providing the required three and one-half
inches
(3 1/2”) minimum trim surrounding all windows and doors and one of the following architectural
details: shutters, knee braces, flower boxes, or columns, or the Applicant shall submit a modification
request and receive approval to vary from these standards. The revised elevations or modification
request shall be submitted to the Current Planning Project Manager at the time of Building Permit
review for review and approval prior to Building Permit issuance.
9. Details regarding the Applicant’s proposed individual refuse and recycling areas shall be
provided at the time of Building Permit review to the Current Planning Project Manager for review
and approval prior to Building Permit issuance and shall demonstrate compliance with RMC 4.4-
090.
10. A lighting plan shall be provided at the time of Building Permit review for review and
approval by the Current Planning Project Manager. To ensure safety and avoid excessive brightness
pedestrian scale lighting should be provided on the primary entries of each unit as well as along the
pedestrian walkways as necessary to provide sufficient lighting for pedestrian safety but shall also be
designed to minimize light spill and glare onto adjoining properties.
11. A bicycle parking detail in compliance with RMC 4-4-080.F.11.c shall be provided at the
time of Building Permit review for review and approval by the Current Planning Project Manager
prior to Building Permit issuance.
12. The unit lot drive shall be revised as follows: the pavement width through the alley/unit lot
drive shall not exceed 16 feet with a curb around the perimeter and a 5-foot wide sidewalk on west
side. An 8-foot wide landscape strip shall be located between the curb and sidewalk. This may result
in the reduction of the width of the unit lot drive tract in some areas. Where the unit lot drive width
is reduced, the additional area shall be transferred to the open space areas around the project
perimeter. The unit lot drive/alley shall be privately owned and maintained by a Homeowners
Association for the proposed development.
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13. A Homeowners Association shall be established for the maintenance of all common
improvements on the project site. Draft CC & Rs for the Homeowners Association shall be
submitted for review and approval by the Current Planning Project Manager and the City Attorney
prior to the recording of the final plat.
14. The common open space area fronting Unit 10 shall be revised to meet the minimum 20-foot
width requirement and provide a minimum 5-foot wide pedestrian walkway from the sidewalk in NE
12th St to the base of the stairs leading to the deck serving Unit 10.
15. The pedestrian walkways proposed to serve Unit 4 and 5 shall be consolidated into one
centrally located walkway between Buildings 1 and 2. The pedestrian walkway serving Unit 9 shall
be extended across the unit lot drive through the use of a differentiated pavement pattern.
16. All road names shall be approved by the City.
17. 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.
18. Concrete permanent control monuments shall be established at each and every controlling
corner of the subdivision. Interior monuments shall be located as determined by the Department. All
surveys shall be per the City of Renton surveying standards. All other lot corners shall be marked per
the City surveying standards. The subdivider shall install all street name signs necessary in the
subdivision.
19. 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 Public Works 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 Public Works Department.
20. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are
installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider
as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements
when such service connections are extended to serve any building. The cost of trenching, conduit,
pedestals and/or vaults and laterals as well as easements therefore required to bring service to the
development shall be borne by the developer and/or land owner. The subdivider shall be responsible
only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation
and capped. The cable TV company shall provide maps and specifications to the subdivider and shall
inspect the conduit and certify to the City that it is properly installed.
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21. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet (15').
DATED this 24th day of July, 2018.
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.