HomeMy WebLinkAboutBurrus Ltr - Decision Letter Denis Law Mayor
City Clerk-Jason A.Seth,CMC
March 26, 2019
Chris Burrus
Harbour Homes, LLC.
400 N 34th St, Suite 300
Seattle, WA 98103
Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision - Maple Highlands Preliminary Plat (LUA-18-000633)
Dear Mr. Burrus:
Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision dated March 24, 2019. Also, this document is immediately available on our
website:
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner(under Contact); "Land
Use Decisions". The Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Clark Close,Senior Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Office Assistant II
Julia Medzegian,City Council Liaison
Parties of Record(23)
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
8 )
9 RE: Maple Highlands )
) FINDINGS OF FACT, CONCLUSIONS OF
10 Preliminary Plat ) LAW AND FINAL DECISION
)
11 LUA18-000633, PP )
12 )
13 )
14 SUMMARY
15
The Applicant requests preliminary plat approval to subdivide a 4.18 acre parcel located at 16210 SE
16 134th St, Renton, WA 98059 into 13 single-family residential lots. The proposal is approved subject
to conditions.
17
18 The proposal drew a significant amount of concern from several neighboring property owners due to
potential through traffic from persons trying to access nearby Liberty High School. As amply
19 demonstrated by the neighbors and City staff using Renton COR maps during the hearing, the
existing road network in the vicinity of the project site is highly primitive, largely composed of dirt
20 roads that are barely wide enough to accommodate cars passing in opposite direction. Liberty High
21 School is located a few blocks to the southeast of the project site. Currently there is no east to west
route from the high school through the project site area to major arterials to the east because the
22 primitive roads in that area are not continuous and end in several dead ends. The neighboring
property owners are concerned that the project will create the necessary street linkages to establish an
23 east-west route through their neighborhood between Liberty High School and developed arterials to
the west. The neighbors are also apparently concerned that the project will increase the number of
24 persons who get lost in their neighborhood looking for an east-west route. Neighbors noted that
25 they've seen as many as 20 vehicles driving through their roads during Liberty High School sporting
events looking for a throughway.
26
PRELIMINARY PLAT - 1
1 The conditions of approval prevent any new connections that would create a new east-west route for
persons trying to access or leave Liberty High School. The only way that such a route could be
2 established would be via linkage between required frontage improvements along 164th Ave SE to the
3 developed 164th Ave SE street to the south of the project. A condition of approval prevents this
linkage from occurring by requiring a barricade to be placed at the southern end of the 164th frontage
4 improvements, preventing vehicles from travelling to the developed portion of 164th located to the
south of the project site. Fencing is also required at the barricade site to ensure that the barricade
5 effectively prevents traffic on a semi-permanent basis, until it is determined in future permit review
6 that the existing street system is adequately improved to effectively and safely accommodate through
traffic.
7
During the hearing there was also some discussion on requiring signage near the Liberty High School
8 to apprise persons looking for an east-west exit route that they would only encounter dead end
9 streets. In a post-hearing exhibit, Ex. 37, staff identified where such signage could reduce the
number of persons wandering the vicinity of the project site fruitlessly seeking an east-west exit
10 route from Liberty High School. Given the testimony of neighboring property owners, the need for
the additional signage appears well justified. However, there is no legal basis to require the
11 Applicant to install the signage. As repeatedly required by our state's appellate courts, developers
12 can only be required to remedy problems they create. See, e.g. Burton v. Clark County, 91 Wn. App.
505 (1998). There is no logical basis to conclude that the Applicant can in any way be responsible
13 for increasing the number of people looking for an east-west exit out of Liberty High School. New
residents of the project site may look for such a route once or twice when they move in, but this
14 would only account for a minor fraction of the number of people who regularly wander the streets as
framed by the neighbors. The Applicant and/or City staff are certainly encouraged to work with
15 King County in placing the signage suggested in Ex. 37 if they wish to do so, but the signage cannot
16 be legally compelled by this decision.
17 TESTIMONY
18 Clark Close, City of Renton Senior Planner, summarized the staff report. In response to Examiner
19 questions, Mr. Close noted that currently there is no western access route to Liberty High School.
Neighbors are concerned that the road improvements made for the project will facilitate western
20 access on roads that are not suited for that function.
21 John Lange, neighbor, was concerned about traffic and access. He is specifically concerned about
22 traffic from the high school and elementary schools from people trying to avoid traffic by driving
through his neighborhood. The issue should have been addressed in the traffic report and was not.
23 However, he was happy to hear that there was a proposal to put up a barricade at the sound end of
164th. He wants agreement from the developer to put in large concrete blocks to barricade the end of
24 164th. Two additional streets have been blocked in the past, specifically 135th St. and 136th St.
25 People don't want students and buses going through their neighborhoods. Liberty High School likely
has up to 1,000 students. It's a safety issue as children are playing in the streets. Neighbors in the
26 area also want to get better notice of new projects beyond the 300 foot mailing radius. Vanessa
PRELIMINARY PLAT- 2
1 Dolbee, planning manager, noted that large signs are posted advertising projects and also people will
be added as parties of record upon request after permit applications are filed. There's also an on-line
2 map that shows the location of all current projects. However, it's not feasible to keep track of all
3 persons who have an interest in specific future projects.
4 Caren Smith, neighbor, referred to trees located in the center part of the northern property line. She's
lived in the neighborhood for 60 years. There's water in the grove of trees. She's concerned about
5 run-off. Her brother, next door, has sink holes on his property all of a sudden. No one knows why.
6 Construction may have something to do with it.
7 Lyn Winfield, neighbor, is concerned about traffic on 135th. It's tough having two cars get past each
other. Metro buses have gotten stuck on that road when they accidentally go down the street. Other
8 people trying to get to Liberty sports events use 135th believing it's an access road but it's not. Public
9 notice signs don't work in the area because the streets are not through streets and people don't drive
down them. She's saddened that the street blockade is temporary.
10
Jerry Winfield, neighbor, reiterated the narrowness of the roads. A lot of the neighbors have had to
11 help buses turn around because the roads are so narrow. Sometimes tow vehicles have to be brought
12 in to remove the buses because there's no other way to get them out. Pick up trucks can't pass each
other going in opposite directions. Children play in the street. High school drivers will come from
13 Liberty if the roads become connected.
14 Corey Robertson, neighbor, was told in an August meeting that 162nd or 134th would go all the way
through. Her property is off 162nd where she has an easement. It's hard to go up her driveway due to
15 slopes. 132nd is too narrow for two way traffic. When it rains she's flooded out. How are the road
16 improvements going to get done and who will build them? Once the homes are built she will
probably lose her views of Mt. Rainier and her property value will go down.
17
Noel Brandon, neighbor, has lived in the neighborhood at the end of 164th for 28 years. The roads are
18 very narrow. If 164th or 135th ever goes through the traffic would be huge. People are constantly
19 turning around at the end of the street trying to find an east-west route. He's asked for signs that
notify there's no east-west route. From the high school to the end of the road there's 18 homes total.
20 There's a ton of foot traffic of kids going to school. Metro guys get stuck on the road and can't turn
around. He was wondering where the underground water detention vault was going to be located and
21 where it would drain. Neighbors didn't know about the project until one of the neighbors within the
22 300 foot mailing radius told them. In response to Examiner questions, Mr. Brandon noted there is a
dead end sign, but it's concealed around a corner and drivers have often turned into the street before
23 seeing the sign. He's paved his half of the road and the other half is still gravel.
24 In rebuttal, Clark Close noted that the road barricade will be placed by the Applicant. They will
25 submit plans on how they propose to barricade the road. The barricade design hasn't yet been
submitted. Concrete blocks can be considered. At this point City standards require a "Type 3"
26 barricade.
PRELIMINARY PLAT- 3
1
In response to examiner questions, Vanessa Dolbee noted that it's difficult to predict if the roads will
2 ever be developed to the point where it would be prudent to take down the barricades because the
3 roads in the road network are in King County jurisdiction, such as 135th and the driveway south of the
proposal. Developers have agreed to add a chain link fence to the standard Type 3 barricade, but the
4 City wants to make sure pedestrian connectivity is maintained. A no school access sign could be
added for areas with Renton jurisdiction. Staff will look into whether such a sign can be added and
5 will get back to the Examiner. If the barrier were ever taken down as part of a development project,
6 the notice for the project would essentially serve as notice of barricade removal.
7 In response to examiner questions regarding the placement of"local access only" signs, Ms. Dolbee
noted that those signs would likely have to be placed on King County roads to address the high
8 school traffic concerns of the neighbors.
9 On the question of whether 162nd or 134th would punch through, Mr. Close responded that the
10 Applicant was going to make frontage improvements to 162nd and 164th and these improvements
wouldn't extend beyond project frontage. No new road connections are being proposed. Future
11 development could connect to the frontage improvements and make new connections.
12 Yoshio Piediscalzi, Applicant representative, noted that drainage regulations don't allow any
13 stormwater discharge onto adjoining properties so if needed an interceptor trench or some kind of
swale will be installed to prevent off-site discharge along the north property line onto the Smith
14 property. Stormwater drainage leaving tract A will go south to I64th for 600 feet and then connect to
the existing Harmony Grove outfall. Sewer will head south on 164th then go east at SE 135th St due
15 south on 166th Ave SE to connect to an existing sewer line at Liberty High School. The developer
16 will be paying for and installing the Type 3 barricade. They are looking into installing a fence with a
pedestrian connection. A Type 3 barricade is composed of wooden slats and signage. Mr. Close
17 noted that the Type 3 barricade is sufficient to stop traffic.
18 Noel Brandon noted that some neighbors had paid to have their access paved. He wanted to know if
19 the road they paved would be restored if it were cut open for drainage improvements. Mr. Close
responded that City regulations require restoration.
20
Caren Smith wanted clarification on whether 162nd was going to be barricaded. Mr. Close responded
21 that no barricade is proposed for 162nd. Ms. Dolbee stated staff would look into whether a dead end
22 sign could be placed at the 132nd/162nd intersection.
23 Lyn Winfield noted there have been drainage issues that need to be taken into consideration. Justin
Johnson, from the City's engineering department, noted that City staff had investigated off-site
24 drainage problems in order to assess the sizing needs for the drainage facilities. The drainage
facilities required of the Applicant will reduce the amount of water flowing to the properties that are
25 having flooding problems. Currently everything drains from the west to the east to a swale on the
26 proposed road and that drains down onto private property. The Applicant's project will significantly
PRELIMINARY PLAT - 4
1 reduce the size of the swale and the water will be diverted down 164th and bypass homes that have
historically had stormwater problems.
2
3
EXHIBITS
4
5 Exhibits 1-26 listed on page 2 of the February 12, 2019 Staff Report, in addition to the Staff Report
itself(Ex. 1), were admitted into evidence during the public hearing. Additional exhibits admitted
6 during the hearing are the following:
7 Exhibit 27 Staff Power Point
8 Exhibit 28 City of Renton COR Maps
Exhibit 29 Google Earth (aerials of project site and vicinity)
9 Exhibit 30 Neighborhood Comment Letter
Exhibit 31 Hohlbein email dated February 12, 2019
10 Exhibit 32 February 20, 2019 email from Clark Close to Examiner
11 Exhibit 33 Email Order Authorizing Comment Extensions dated February 22, 2019.
Exhibit 34 2/18/19 email from Christopher and Andrea Johnson
12 Exhibit 35 2/18/19 letter from Michelle Hohlbein
Exhibit 36 2/18/19 letter from Doris Yepez
13 Exhibit 37 2/20/19 email from Clark Close regarding Liberty High School dead end signage
14 Exhibit 38 2/21/19 email from Clark Close requesting additional response time
Exhibit 39 2/22/19 memo from Clark Close regarding responses to public comment letters
15
FINDINGS OF FACT
16
17 Procedural:
1. Applicant. The Applicant is Hamblin Living Trust, 16210 SE 134th St, Renton, WA
18 98059.
19 2. Hearing. A hearing on the application was held on February 12, 2019 in the City of Renton
20 City Council Chambers. The record was left open through February 19, 2019 at 5:00 pm to give an
opportunity for persons unable to attend the hearing due to snow to listen to the hearing recording
21 posted on the City's website and add their own written comments. Staff was given until February
20, 2019 to respond and the Applicant until February 22, 2014. The comment deadlines were all
22 extended by Email Order dated February 22, 2019, Ex. 33, with final Applicant response due March
4, 2019.
23
24 3. Project Description. The Applicant requests preliminary plat approval to subdivide a 4.18
acre parcel located at 16210 SE 134th St, Renton, WA 98059 into 13 single-family residential lots.
25 Proposed lot sizes would range from 9,000 square feet to 12,425 square feet with an average lot size
of 9,922 square feet and an overall density of approximately 3.83 dwellings per net acre. All existing
26 structures on-site would be demolished. Access to the site would be via a new public residential
PRELIMINARY PLAT - 5
1 access street through the center of the subject property. The Applicant would also construct half-
street frontage improvements on 162nd Ave SE and 164th Ave SE along the property frontages.
2 Stormwater would be conveyed and collected through the use of a detention vault located on the
3 southeast portion of the property.
4 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
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6 A. Water and Sewer Service. Water service will be provided by King County Water
District 90. A water availability certificate from King County Water District 90
7 would be required at the time of civil construction permit submittal. Sewer service
will be provided by the City of Renton. There is an existing 8" PVC sewer running
8 from north to south in 162nd Ave SE west of the site.
9 B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
10 resources exist to furnish services to the proposed development so long as code required
fire impact fees are paid.
11
12 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
13 ("RSWDM"), which requires that the project not generate off-site stormwater flows that
exceed predevelopment, forested conditions. City staff have reviewed the Applicant's
14 preliminary stormwater design and found it consistent with the requirements of the
Design Manual.
15
16 The Applicant's preliminary stormwater design is detailed in its Preliminary Technical
Information Report (TIR), prepared by D.R. Strong Consulting Engineers, Inc. (dated
17 November 26, 2018; Exhibit 12). Based on the TIR, the project contains greater than
2,000 square feet of new impervious surface and therefore a Full Drainage Review is
18 required. To comply with RSWDM requirements,the Applicant has proposed a detention
19 wet vault to be located on the southeast corner of the project site.
20 D. Parks/Open Space. City standards do not require the dedication of any open space for
subdivisions located in the R4 district. In the absence of any evidence that the project
21 creates any need for open space, none can be legally required. See Isla Verde v. Camas,
22 146 Wn.2d 740, 755 (2000). Nonetheless the Applicant is proposing a tree retention tract
that is 6,149 square feet in area. The parks demand created by the proposal is adequately
23 mitigated by the required payment of park impact fees, which are due at the time of
building permit review. Park impact fees are currently assessed at the rate of$3,945.70
24 per single-family dwelling. The fee in effect at the time of building permit application is
25 applicable to this project and is payable at the time of building permit issuance.
26
PRELIMINARY PLAT - 6
1 E. Streets and Circulation. The proposal provides for adequate streets. Public works staff
have reviewed the proposal and have found it for this stage of plat review to meet all
2 applicable road design standards. More detailed staff review will be conducted for final
3 plat review.
4 The proposed development fronts both 162nd Ave SE and 164th Ave SE along the west
and east property lines, respectively. 162nd Ave SE is classified as a Residential Access
5 Road. The existing ROW width is approximately 60 feet, which satisfies the RMC 4-6-
6 060 required minimum ROW width of 53 feet. No additional right-of-way fronting on the
site would be required along the west property frontage. Per City code RMC 4-6-060, half
7 street improvements shall include a pavement width of 20 feet (13 feet from centerline), a
one half-foot (0.5') wide curb, an eight-foot (8') wide planter strip, and a five-foot (5')
8 wide sidewalk, street trees and storm drainage improvements. 164th Ave SE is also
9 classified as a Residential Access Road with an existing ROW width of 30 feet. To meet
the City's complete street standards for Residential Access streets for half-street
10 improvements, a minimum ROW of 34 feet is required. A dedication of 4.5 feet of ROW
would be required to complete the required half street improvements per City code 4-6-
1 I 060. The Applicant would need to show how they would connect to the northern tie-in
12 point at 164th Ave SE, roughly between SE 132nd St and SE 134th St.
13 Upon competition of the project road improvements, the south end of 164th Ave SE
would dead end to an unimproved grassy patch of ROW in King County. The ROW
14 eventually turns into a gravel surface that serves as access to three (3) residential homes
(13408 164th Ave SE, 13415 164th Ave SE, and 13425 164th Ave SE). With the ROW
15 improvements at the south end of 164th Ave SE the Applicant would be required to
16 install a temporary road barricade between City of Renton ROW and King County ROW.
The barricaded roadway would also require a sign stating future roadway extension. The
17 temporary road barricade would maintain current motor vehicle travel patterns in the area
until such time as 1) intersection improvements can be made to SE 135th St and 162nd
18 Ave SE; and 2) significant roadway improvement can be made within the current King
19 County ROW within 164th Ave SE between the SE 135th St and the subject property.
The road barricade at the end of 164th Ave SE would prevent vehicular traffic from
20 traveling south on 164th Ave SE beyond the limits of the subject property. The road
barricade design would not restrict pedestrian and bicycle traffic from passing through
21 this portion of the project.
22 The proposed internal residential road would be developed per RMC 4-6-060. Per RMC
23 4-6-060, a residential street includes a ROW width of 53 feet with a paved roadway width
of 26 feet consisting of two (2) ten-foot (10') wide travel lanes and one (1) six-foot (6')
24 wide parking lane. In addition, the ROW would also be constructed with a one half-foot
(0.5') wide curb, an eight-foot (8') wide planter strip, and a five-foot (5') wide sidewalk
25 on both sides of the roadway. Street grades would not exceed fifteen percent (15%) and
26 all utilities are required to be undergrounded (Exhibits 7, 9 and 10).
PRELIMINARY PLAT - 7
1
The roadway improvements proposed to 162nd Ave SE, the internal residential access
2 road (Road A), and 164th Ave SE would improve the City's street grid system. To that
3 end, a typical road design with a cul-de-sac turnaround would be replaced with a de facto
turnaround in 164th Ave SE. On the east side of the project, 164th Ave SE would be
4 constructed to allow emergency vehicle turnaround capability from Road A. Any
dwelling unit located more than 500 feet down a dead end road would be required to
5 install fire sprinklers in the home. As a result, this would require Lots #6, 7, 8, 9, and 10
6 to install fire sprinklers. On November 8, 2018, an eight (8) lot short plat called Skyhorse
Short Plat (LUA17-000550) was approved subject to eleven (1 1) conditions of approval.
7 The approved short plat is proposing to extend 164th Ave SE from SE 132nd St to the
north property line of the development. If the project improvements to 164th Ave SE,
8 identified above, are completed by the land use approved Skyhorse Short Plat than the
9 proposed Maple Highlands development would tie-in to the completed residential access
road. In the end, if all the anticipated road improvements are completed by both the
10 Skyhorse Short Plat and Maple Highlands, including a complete street from the
intersection of SE 134th St and 162nd Ave SE through the subject property to the
11 intersection of SE 132nd St and 164th Ave SE, then the requirement to provide fire
12 sprinklers to Lot 6-10 would no longer be applicable as a result of the completed street
system. Therefore, a condition of approval requires that if frontage improvements on
13 164th Ave SE are not constructed from the intersection of SE 132nd St and 164th Ave SE
to the proposed development then the Applicant must ensure the installation of fire
14 sprinkler systems in all future homes located more than 500 feet from 162nd Ave SE,
namely Lots 6-10. If determined to still be applicable by the Renton Regional Fire
15 Authority at the time of civil construction permit, the Applicant would be required to
16 record this specific fire sprinkler system requirement on the face of the final plat.
17 In addition, street lighting is required for a development that includes more than four (4)
residential units. Street lighting is required along Road A, 162nd Ave SE, and 164th Ave
18 SE. Required streetlights shall be per City standards. Therefore, a condition of approval
19 requires that a street lighting plan per City standards shall be submitted at the time of
construction permit review.
20
A Trip Generation Letter Report was prepared by Northwest Traffic Experts (TraffEx),
21 dated August 27, 2018 (Exhibit 15), and submitted with the land use application. Per City
22 of Renton guidelines, a Traffic Impact Analysis (TIA) is only required for projects that
generate 20 or more trips in either the AM or PM peak hour. A traffic count was taken by
23 the traffic engineer on August 22, 2018 at the intersection of 162nd Ave SE and SE 134th
St. This intersection was found to be a very low volume intersection carrying a total of
24 three (3) trips in the peak hour from 4:00 to 5:00 pm.
25 Site generated traffic volumes were calculated by TraffEx, using data from the Institute of
26 Transportation Engineers (ITE) Trip Generation Manual, Ninth Edition for Single-Family
PRELIMINARY PLAT - 8
1 Detached Housing (ITE Land Use Code 210). The proposed subdivision is estimated to
generate 114 net new average weekday daily trips with nine (9) AM peak hour period (2
2 in, 7 out) and twelve (12) PM peak hour period (8 in, 4 out) vehicle trips. These
3 calculated trips reflect the credit provided for the existing home that would be removed as
part of the proposal. Adequate sight distance would be provided at the new intersections.
4
Public works staff determined that it is not anticipated that the proposed project would
5 adversely impact the City of Renton's street system subject to the payment of code-
6 required impact fees and the construction of code-required frontage improvements
(Exhibit 19). The 2019 transportation impact fee for a single-family residential house is
7 currently $7,820.42 The transportation impact fee, as determined by the Renton
Municipal Code at the time of building permit issuance shall be payable to the City.
8
9 As outlined in the Summary of this decision, a primary concern of neighboring property
owners was that the project would increase through traffic to and from Liberty High
10 School. The analysis of the Summary on this issue is incorporated herein as findings of
fact supporting the determination that a condition of this decision requiring a road
11 barricade on 164th is sufficient to prevent any increase in through traffic to and from
12 Liberty High School.
13 F. Parking. Sufficient area exists, on each lot, to accommodate off-street parking for a
minimum of two (2) vehicles as required by City parking standards. In addition, the new
14 residential access street (Road A) would provide one 6-foot (6') on-street parking lane.
Compliance with individual driveway requirements would be reviewed at the time of
15 building permit review.
16
G. Schools. The proposal provides for adequate and appropriate schools and walking
17 conditions to and from school. It is anticipated that the Issaquah School District (ISD)
can accommodate any additional students generated by this proposal at the following
18 schools: Briarwood Elementary, Maywood Middle School and Liberty High School
19 (Exhibit 24). According to district staff, any new students from the proposed development
would be bussed to their respective schools. The location of the future bus stop has not
20 yet been determined. A nearby 2018 bus stop was located approximately 0.12 miles from
the project site at the intersection of SE 131 st St and 162nd Ave SE. The proposed project
21 includes the installation of frontage improvements along Road A, 162nd Ave SE and
22 164th Ave SE, including sidewalks. Students would walk along the new sidewalks within
the development to get to the pending ISD bus stop. Sidewalks are currently installed
23 sporadically throughout the neighborhood and students may need to cross the nearby
roads in order to safely get to the bus stop. In order to ensure a safe route to all schools, a
24 condition of approval requires that the Applicant provide a plan showing existing and
25 proposed improvements to create a safe route from the project site to the future bus stop
determined by ISD or documentation from ISD that an additional stop will be added on
26 the project site.
PRELIMINARY PLAT- 9
1
A School Impact Fee, based on new single-family lots, will be required in order to
2 mitigate the proposal's potential impacts to the ISD. The fee is payable to the City as
3 specified by the Renton Municipal Code. Currently, the ISD school impact fee is assessed
at $15,276.00 per single-family residence.
4
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with
5 the proposal. Adequate public facilities and drainage control are provided as determined in Finding
6 of Fact No. 4. Pertinent impacts are more specifically addressed as follows:
7 A. Compatibility. The proposal is fully compatible with surrounding development.
Surrounding properties on all sides are zoned and developed with single-family
8 development with properties to the north and west zoned R4 by the City of Renton and
9 the properties to the east and south zoned Urban Residential (4-12 du/acre). The aerial
photograph depicted in the staff report reveals that the surrounding area is developed in a
10 variety of densities with several subdivisions of density similar to the proposal. The
City's landscaping standards also require 10 feet of landscaping along the 162 and 164
11 street frontages of the proposal and the tree retention tract (Tract B) all provide aesthetic
12 buffering to provide for additional compatibility.
13 B. Tree Retention. As conditioned, the proposal complies with the City's tree retention
standards and thus provides for sufficient preservation of vegetation. The Applicant
14 submitted an Arborist Report that was prepared by Creative Landscape Solutions, dated
September 20, 2018 (Exhibit 13). Per the Tree Cutting and Land Clearing Plan, nearly all
15 vegetation is proposed to be removed or altered during construction (Exhibit 6), with the
16 exception of a few significant trees that are proposed to be retained. The Arborist Report
listed 26 significant on-site trees, 16 of which were measured as landmark trees. The
17 report concluded that 17 trees were exempt from retention standards, resulting in a total
of 9 viable trees on-site. The minimum tree retention requirement is thirty percent (30%)
18 of the net viable trees in the R-4 zone. Therefore, the Applicant is required to maintain a
19 minimum of six (6) of the possible 21 on-site fair or okay significant trees. After
dangerous and street ROW deductions, the Applicant is proposing to retain six (6) trees,
20 thus meeting the minimum retention standard of 30%. Additionally, two (2) more apple
trees (#1802 and #1805) in fair health should be retained within the tree retention tract to
21 boost overall tree retention as part of the development. Therefore, a condition of approval
22 requires that all five (5) apple trees be retained in the tree retention tract(Tract B).
23 Per RMC 4-4-130, a replacement ratio of 12 caliper inches (12") per removed tree is
required for each tree less than the total required to be retained. All retained trees (i.e.,
24 protected trees) would be required to be protected during construction pursuant to RMC
4-4-130. It should be noted that there are several inconsistencies between the Arborist
25 Report, Tree Retention Plan and the Tree Retention Worksheet. A condition of approval
26 requires that a final tree retention plan that is consistent with a final arborist report shall
PRELIMINARY PLAT - 10
1 be submitted and approved by the Current Planning Project Manager prior to issuance of
the construction permits.
2
3 The Applicant is proposing a tree retention tract in the southwest corner of the
subdivision. Tree tracts are required to be fenced with permanent fencing. This is
4 accomplished by installing a wood, split-rail fence with applicable signage that identifies
the trees in the tract as protected. The Administrator may approve pedestrian-sized
5 openings for the purpose of facilitating passive recreation within the tract for the benefit
6 of the community and may also authorize alternate styles and/or materials for the required
fencing.
7
C. Critical Areas. There are no critical areas on-site. A Geotechnical Engineering Study
8 prepared by Earth Solutions NW, LLC, dated June 21, 2018 (updated September 28,
9 2018; Exhibit 11), was submitted with the preliminary plat application materials.
According to the submitted report, no critical areas were identified on the project site.
10
Conclusions of Law
11
12 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. As
outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings and issue final
13 decisions on Type III applications subject to closed record appeal to the Renton City Council.
14 2. Zoning/Comprehensive Plan Designations. The subject property is zoned R4. The
15 comprehensive plan map land use designation is Residential Low Density.
16 3. Review Criteria and Street Modification. Chapter 4-7 RMC governs the criteria for
subdivision review. Applicable standards are quoted below in italics and applied through
17 corresponding conclusions of law. All applicable criterion quoted below are met for the reasons
18 identified in the corresponding conclusions of law.
19 Subdivision
20 RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
21 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
22 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
23 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.
24 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
25 supplies and sanitary wastes.
26
PRELIMINARY PLAT- 11
1 4. As to compliance with the Zoning Code, Finding 17 of the staff report is adopted by
reference as if set forth in full. As shown in Ex. 2, each proposed lot will access Road A, which will
2 be dedicated as a public street. As determined in Finding of Fact No. 5, there are no critical areas on
3 site so the project site is fully suited for development. As determined in Finding of Fact No. 4, the
proposal will be served by appropriate and adequate provision for all necessary public infrastructure.
4
RMC 4-7-080(I)(1): ...The Hearing Examiner shall assure conformance with the general purposes
5 of the Comprehensive Plan and adopted standards...
6
5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined
7 in Finding 16 of the staff report, which is incorporated by this reference as if set forth in full.
8 RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
9 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.
10
6. The proposed internal Road A connects all proposed lots to 162nd and 164th Avenues, both
11 existing streets.
12 RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
13 City.
14 7. City public works staff have reviewed the proposal and found it to be in conformance with all
applicable plans and regulations. There proposed internal streets are not subject to any adopted street
15 plans.
16
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed[sic] trail,
17 provisions shall be made for reservation of the right-of-way or for easements to the City for trail
purposes.
18
19 8. The proposal does not touch upon any designated trail.
20 RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
21 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
22 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
23 Department or the Hearing Examiner considers inappropriate for subdivision shall not be
subdivided unless adequate safeguards are provided against these adverse conditions.
24 a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
25 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
26 such subdivision.
PRELIMINARY PLAT - 12
1 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-
2 050J1a, without adequate area at lesser slopes upon which development may occur, shall not be
3 approved.
4 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
5 4. Streams:
6 a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water,
and wetland areas.
7 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
8 area, and an attempt to minimize the disturbance of the natural channel and stream bed.
9 c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going
under streets.
10 d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
11
12 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. No piping or tunneling
13 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.
14
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
15 family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's
16 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
17 requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation
Resolution.
18
19 10. City ordinances require the payment of park impact fees prior to building permit issuance.
As noted in Finding of Fact No. 4, no other park mitigation is necessary to mitigate project impacts.
20
RMC 4-7-150(A): The proposed street system shall extend and create connections between existing
21 streets unless otherwise approved by the Public Works Department. Prior to approving a street
22 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
23 defined and designated by the Department.
24 11. Road A creates a connection between existing streets, specifically 162"d and 164th avenues.
25 RMC 4-7-150(B): All proposed street names shall be approved by the City.
26
PRELIMINARY PLAT- 13
1 12. As conditioned.
2 RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or
3 secondary arterials shall be held to a minimum.
4 13. There is no intersection with a public highway or major or secondary arterial.
5 RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works
6 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
7 approved by the Department upon a showing of need but only after provision of all necessary safety
measures.
8
9 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
10 acceptable street alignment.
11 RMC 4-7-150(E):
12 1. Grid:A grid street pattern shall be used to connect existing and new development and shall be the
13 predominant street pattern in any subdivision permitted by this Section.
14 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
15 of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan
16 Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design
Element, Objective CD-M and Policies CD-SO and CD-60.
17
3. Exceptions:
18
19 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:
20
i. Infeasible due to topographical/environmental constraints,- and/or
21
22 ii. Substantial improvements are existing.
23 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
24 within subdivisions to allow future connectivity.
25 5. Alley Access:Alley access is the preferred street pattern except for properties in the Residential
26 Low Density land use designation. The Residential Low Density land use designation includes the
PRELIMINARY PLAT - 14
1 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...
2
3 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
4 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
5 possible.
6
15. The criterion is met. The frontage improvements required of the Applicant along 162nd and
7 164th will serve to improve the grid system by improving existing streets within the grid system.
There is no other opportunity to integrate the proposal into any grid street system, except there is
8 some remote possibility that someday Road A could connect to an east-west road between 132nd and
9 134th. Alley access is not required since the property is zoned R4. The required frontage
improvements to 162nd and 164th will provide an opportunity for further pedestrian connections as
10 properties to the north and south develop. As noted in the staff report, a short plat has been approved
just north of the project site that will be required to make frontage improvements to 164th as well, so
11 sidewalk connectivity is likely to happen in the near future in a northerly direction along 164th
12 RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat,
13 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
14 Planning/Building/Public Works Administrator or his/her designee.
15 16. As proposed.
16
RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be
17 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
18 required in certain instances to facilitate future development.
19
17. Road A extends to the property lines as required.
20
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
21 to curved street lines.
22
18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above.
23
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
24 access easement street per the requirements of the street standards.
25 19. As previously determined, each lot has access to a public street.
26
PRELIMINARY PLAT - 15
1 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
2 development and use contemplated. Further subdivision of lots within a plat approved through the
3 provisions of this Chapter must be consistent with the then-current applicable maximum density
requirement as measured within the plat as a whole.
4
20. As previously determined, the proposed lots comply with the zoning standards of the R4
5 zone, which includes area, width and density.
6
RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the
7 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
8 twenty feet (20') and(2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which
9 shall be a minimum of thirty five feet (35).
10 21. As shown in Ex. 2,the requirement is satisfied.
11 RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys,
12 shall have minimum radius of fifteen feet (15).
13 22. As conditioned.
14 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
15 watercourses, and similar community assets. Such natural features should be preserved, thereby
adding attractiveness and value to the property.
16
23. There are no significant on-site natural features.
17
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
18 and the King County Health Department, sanitary sewers shall be provided by the developer at no
19 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
20 development.
21 24. As conditioned.
22
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
23 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
24 designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
25 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
26 provide capacity for the new street paving for the plat.
PRELIMINARY PLAT - 16
1
25. The proposal provides for adequate drainage that is in conformance with applicable City drainage
2 standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are
3 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.
4
RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be
5 designed and installed in accordance with City standards as defined by the Department and Fire
6 Department requirements.
7 26. As proposed and conditioned.
8 RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
9 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
10 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
11 maintenance and operation of utilities as specified by the Department.
12 27. As conditioned.
13
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
14 utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
15 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
16 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
17 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
18 the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
19
28. As conditioned.
20
RMC 4-7-210:
21
22 A. MONUMENTS:
23 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
24 shall be per the City of Renton surveying standards.
25 B. SURVEY:
26
PRELIMINARY PLAT- 17
1 All other lot corners shall be marked per the City surveying standards.
2 C. STREET SIGNS:
3
The subdivider shall install all street name signs necessary in the subdivision.
4
29. As conditioned.
5
6 DECISION
7 As conditioned, the proposed preliminary plat complies with all applicable subdivision review
8 criteria for the reasons identified in the Conclusions of Law above. The conditions of approval
necessary to satisfy all subdivision criteria are as follows:
9
1. The Applicant shall comply with the mitigation measures issued as part of the Determination
10 of Non-Significance Mitigated, dated January 11, 2019.
11 2. The Applicant shall obtain a demolition permit and complete all required inspections for the
12 removal of the existing single-family residence and accessory structures prior to Final Plat
recording.
13
3. The Applicant shall complete the Agreement to Cooperate in the Boundary Line Adjustment
14 (Recording No. 20030310002076) prior to final plat recording to ensure all boundary lines
15 and lot dimensions are accurate in the final plat layout.
16 4. The Applicant shall provide a minimum of ten feet (10') of on-site landscaping along all
public street frontages. A final detailed landscape plan, consistent with RMC 4-8-120 and
17 RMC 4-4-070, shall be submitted to and approved by the Current Planning Project Manager
18 prior to issuance of the construction permits.
19 5. The Applicant shall create a Homeowners' Association ("HOA") that maintains all
improvements and landscaping in the Storm Tract and any and all other common
20 improvements. A draft of the HOA documents shall be submitted to, and approved by, the
21 City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such
documents shall be recorded concurrently with the Final Plat.
22
6. The Applicant shall retain all five (5) apple trees in the tree retention tract (Tract B). A final
23 tree retention plan shall be submitted and approved by the Current Planning Project Manager
24 prior to issuance of the construction permits.
25 7. The Applicant shall submit a final tree retention plan that is consistent with a final arborist
report. The final tree retention plan shall be submitted and approved by the Current Planning
26 Project Manager prior to issuance of the construction permits.
PRELIMINARY PLAT- 18
1
8. If frontage improvements on 164th Ave SE are not constructed from the intersection of SE
2 132nd St and 164th Ave SE to the development than the Applicant shall ensure the
3 installation of fire sprinkler systems in all future homes located more than 500 feet from
162nd Ave SE, namely Lots 6-10. If determined to be still be applicable by the Renton
4 Regional Fire Authority at the time of civil construction permit, the Applicant shall record
this sprinkler system requirement on the face of the final plat.
5
6 9. A street lighting plan shall be submitted at the time of construction permit for review and
approval by the City's Plan Reviewer prior to issuance of a construction permit.
7
10. Any proposal to convert the stormwater vault within Tract A to a stormwater detention pond
8 shall be considered a Major Plat Amendment subject to the requirements outlined under
9 RMC 4-7-080.M.2.
10 11. The proposed stormwater vault within Tract A shall be located entirely below ground.
Engineered construction plans showing the vault entirely below ground shall be submitted at
11 the time of Construction Permit review for review and approval.
12 12. The Applicant shall provide a plan showing existing and proposed improvements to create a
13 safe route from the project site to the future bus stop determined by Issaquah School District
or documentation from the Issaquah School District that an additional stop will be added on
14 the project site. The proposal for a safe route to all three schools would be subject to review
and approval by the Current Planning Project Manager during construction permit application
15 review.
16
13. All road names shall be approved by the City and the Applicant shall install all necessary
17 street name signs prior to final plat approval.
18 14. Sanitary sewers shall be provided by the developer at no cost to the City and designed in
19 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.
20
15. Concrete permanent control monuments shall be established at each and every controlling
21 corner of the subdivision. Interior monuments shall be located as determined by the
22 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
23 street name signs necessary in the subdivision.
24 16. All utilities designed to serve the subdivision shall be placed underground. Any utilities
25 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,
26 including all service connections, as approved by the Public Works Department. Such
PRELIMINARY PLAT - 19
1 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
2 specified by the Public Works Department.
3
17. Any cable TV conduits shall be undergrounded at the same time as other basic utilities
4 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
5 sidewalks, or alley improvements when such service connections are extended to serve
6 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
7 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
8 capped. The cable TV company shall provide maps and specifications to the subdivider
9 and shall inspect the conduit and certify to the City that it is properly installed.
10 18. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet(15').
11
12 19. 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
13 Department requirements.
14 20. The Applicant would be required to install a temporary Type III barricade between City of
Renton right-of-way (ROW) and King County ROW (south end of 164th Ave SE). In
15 addition, the Applicant install a fence at the south end of 164th Ave SE (at the south
16 property line extended) to further restrict southbound vehicular traffic on 164th Ave SE at
the SE 134th St line. The fence shall include an opening as determined necessary by City
17 staff to allow for the passage of pedestrians. The barricade and fence shall be installed
prior to final plat approval.
18
19 DATED this 24th day of March, 2019.
20
21
22 Phi A.Otbrechis
23 City of Renton Hearing Examiner
24
25
26 Appeal Right and Valuation Notices
PRELIMINARY PLAT-20
1
2 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications
3 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.
4 A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal
period.
5
6 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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PRELIMINARY PLAT- 21