HomeMy WebLinkAboutSR_HEX_Canopy-PUD_LUA19000223DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_HEX_Canopy-PUD_LUA19000223
A. REPORT TO THE HEARING EXAMINER
Hearing Date: September 1, 2020
Project File Number: PR19000397
Project Name: Canopy PUD and Preliminary Plat
Land Use File Number: LUA19-000223, PUD, PP, VA-H
Project Manager: Matt Herrera, Senior Planner
Owner: Benjamin Paulus, Blue Fern, 11232 120th Ave NE, Suite 204, Kirkland, WA 98033
Applicant/Contact: Jordan Salisbury, Blue Fern, 11232 120th Ave NE, Suite 204, Kirkland, WA 98033
Project Location: 4196 Lincoln Ave NE, 4130 Lincoln Ave NE, 2020 NE 40th St (APNs 3345700020,
3345700017, 3345700015, 3345700018, 3345700016)
Project Summary: The applicant is requesting Preliminary Plat, Preliminary Planned Urban
Development, and Critical Areas Variance to subdivide five (5) existing lots into 55
single-family residential lots and 8 tracts. Access to the site would be via a new
residential access street with ingress/egress at Lincoln Ave NE and NE 40th St. The
applicant has requested alterations to a wetland abutting Lincoln Ave NE and
wetland buffer reductions on the north portion of the subject property. A critical
areas variance has been requested to encroach into a protected slope on the
southern portion of the subject property near NE 40th St. and a localized area in
proposed Alley 3 in the central portion of the subject property. Proposed
pedestrian improvements within stream and wetland areas would require a future
critical areas exemption.
Site Area: 10.1 acres
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 2 of 54
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B. EXHIBITS:
Exhibits 1-28: As shown in the Environmental Review Committee (ERC) Report
Exhibit 29: Staff Report to the Hearing Examiner
Exhibit 30: Neighborhood Meeting Packet
Exhibit 31: Comment Letter from Muckleshoot Indian Tribe
Exhibit 32: Determination of Non-Significance – Mitigated
Exhibit 33: Floor Plans
Exhibit 34: Elevation Plans (Black and White)
Exhibit 35: Renton Regional Fire Authority email correspondence
Exhibit 36: Preliminary Open Space Plan
Exhibit 37: Preliminary Private Open Space Plan
Exhibit 38: WDFW Email Correspondence
Exhibit 39: Water Plan
Exhibit 40: Sewer Plan
Exhibit 41: August 7, 2020 Applicant request to revise depths of Lots 30-40
C. GENERAL INFORMATION:
1. Owner(s) of Record: Benjamin Paulus, Blue Fern, 11232 120th Ave NE, Suite
204, Kirkland, WA 98033
2. Zoning Classification: Residential-8 (R-8)
3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD)
4. Existing Site Use: Three (3) vacant parcels and two (2) parcels with
single-family dwellings.
5. Critical Areas: Wetlands, Streams, and Geologically Hazardous Areas
6. Neighborhood Characteristics:
a. North: Single-Family Residential / R-8 Zone
b. East: City of Newcastle / Vacant / R-4 Zone
c. South: Single-Family Residential / R-8 Zone
d. West: Multifamily Residential / Vacant / Commercial Arterial (CA) Zone
7. Site Area: 10.1 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 3 of 54
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Duncan Annexation A-001-89 4275 07/29/1990
E. PUBLIC SERVICES:
1. Existing Utilities
a. Water: Water service will be provided by the City of Renton and Coal Creek Utility District. There is an
existing 12-inch diameter water main located in Lincoln Ave NE. The eastern portion of the property
is within Coal Creek Utility District.
b. Sewer: Sewer service is provided by the Coal Creek Utility District.
c. Surface/Storm Water: The subject property does not contain stormwater facilities. Runoff from the
site sheet flows from east to west and flows into the storm drainage system within Lincoln Avenue
NE. The runoff eventually flows to Lake Washington.
2. Streets: Lincoln Ave NE abuts the subject property on the west and is classified a collector arterial. The
existing right-of-way (ROW) width is 60-feet. NE 40th St abuts on the south and is classified a residential
access street. The existing ROW width is 60-feet.
3. Fire Protection: Renton Regional Fire Authority (RRFA)
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
a. Section 4-2-020: Purpose and Intent of Zoning Districts
b. Section 4-2-060: Zoning Use Table – Uses Allowed in the Zoning Designations
c. Section 4-2-110: Residential Development Standards
d. Section 4-2-115: Residential Design and Open Space Standards
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-050: Critical Area Regulations
3. Chapter 4 City-Wide Property Development Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
b. Section 4-6-070: Transportation Concurrency Requirements
5. Chapter 7 Subdivision Regulations
6. Chapter 8 Permits – General
7. Chapter 9 Permits – Specific
a. Section 4-9-070: Environmental Review Procedures
b. Section 4-9-150: Planned Urban Development Regulations
c. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
8. Chapter 11 Definitions
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 4 of 54
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G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
2. Transportation Element
3. Utilities Element
H. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on October
3, 2019 and determined the application complete on October 31, 2019. The project was placed onhold to
request additional information on January 28, 2020 and April 24, 2020.
2. A pubic meeting was held on March 20, 2019 at the Renton Highlands Library. Eight (8) members of the
public attended the meeing and provided comments and questions regarding utilities, traffic, impact fees,
stormwater, wetlands, and stream location (Exhibit 30)
3. The project site is located at 4196 Lincoln Ave NE, 4130 Lincoln Ave NE, 2020 NE 40th St (APNs 3345700020,
3345700017, 3345700015, 3345700018, 3345700016)
4. The project site is currently developed with two single-family residences with associated out buildings on
parcels 0017 and 0018 with the remainder of the site vacant.
5. Access to the site would be provided via a new residential access street intersecting at NE 40th Street
through the site in a north/south alignment and curving west to Lincoln Ave NE.
6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use
designation.
7. The site is located within the Residential-8 (R-8) zoning classification.
8. There are approximately 377 trees located on-site, of which 234 trees are considered significant. The
applicant is proposing to retain 19 significant trees onsite and provide permanent retention and
supplemental planting offsite.
9. The subject property contains wetlands, stream, and geoligically hazardous areas.
10. Approximately 70,230 cubic yards of material would be cut on-site and approximately 16,395 cubic yards
of fill is proposed.
11. The applicant is proposing to begin construction in Spring 2021.
12. Staff received one (1) public comment letter (Exhibit 31) from Karen Walter of the Muckleshoot Indian
Tribe. To address the comments the following report contains analysis related to the onsite stream and
stormwater treatment.
13. No other public or agency comments were received.
14. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on
July 13, 2020 the Environmental Review Committee issued a Determination of Non-Significance -
Mitigated (DNS-M) for the Canopy PUD and Preliminary Plat (Exhibit 32). The DNS-M included nine (9)
mitigation measures. There is no administrative appeal of the threshold determination.
15. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC)
issued the following mitigation measures with the Determination of Non-Significance – Mitigated as
enumerated in the ERC Report (Exhibit 1):
a. Clearing and grading of the subject property shall be limited to May 1 to September 30.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 5 of 54
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b. The applicant shall comply with the recommendations of the Geotechnical Report and Retaining
Wall Designs prepared by Terra Associates dated May 18, 2020 and Secondary Review Comments
prepared by GeoEngineers dated December 19, 2020 and April 24, 2020 and any future addenda
to such reports.
c. The applicant’s geotechnical engineer shall review the project’s civil construction plans to verify
compliance with the geotechnical report(s). The geotechnical engineer shall submit a sealed letter
stating that he/she has reviewed the civil construction plans and in their opinion the plans and
specifications meet the intent of the report(s).
d. The applicant’s geotechnical engineer shall identify those construction activities where
observation onsite by a licensed geotechnical engineer should occur. Those identified activities
shall be clearly stated on the civil construction plans.
e. The applicant’s geotechnical engineer shall seal and certify all rockeries and retaining walls
regardless of height on the civil construction and building permit plans and provide long-term
maintenance recommendations for future homeowners as an exhibit in the forthcoming
Covenants, Conditions, and Restrictions document to be recorded with the final plat.
f. The applicant shall submit a final stream and wetland mitigation plan for the off-site benefit parcel
concurrently with the civil construction permit application that provides buffer enhancement
activities consistent with best available science; mitigation, maintenance, and monitoring; and
native growth protection area standards set forth in RMC 4-3-050. Buffer enhancement on the off-
site benefit parcel shall occur concurrently with construction of the PUD/Preliminary Plat. Long-
term ownership and management of the off-site benefit parcel shall be the responsibility of the
Canopy Subdivision Homeowners Association unless the City determines it is able to assume
ownership and provide those services.
g. The applicant shall indicate areas of Alderwood sandy loam on the detailed landscaping plan
submitted with the civil construction permit. The plan shall provide specifications for fracturing the
hardpan where grading brings the Alderwood hardpan near the surface in locations of new tree
planting to provide soil volume for root development and to improve drainage around the trees.
The applicant shall submit a surety to ensure the survival of the new trees in the Alderwood sandy
loam areas for a minimum of five (5) years. The surety shall include a warranty for each new tree,
irrigation system, and maintenance for the five (5) year period. The surety and maintenance
specifications shall be executed prior to final plat recording.
h. The applicant shall construct frontage improvements along the northern half of NE 40th Street
west of the project site frontage to Lincoln Ave NE meeting residential access street standards
except for those areas where the sidewalk and/or planter strip could meander and vary widths to
save existing trees within the ROW or abutting property.
i. The applicant shall construct a pedestrian pathway within the abutting easterly unimproved ROW
that would connect to the pedestrian pathway located in the unimproved section of NE 43rd St in
an alignment as generally shown on the landscape plan avoiding wetland and stream impacts as
practical and providing mitigation for unavoidable impacts. Trail materials are to be determined
prior to submitting civil construction permit and shall have minimal impact to wetland, streams,
and their associated buffers.
16. The following modifications to eligible development regulations are incorporated in the PUD application:
RMC Code Citation Required Standard Modification
RMC 4-2-110A and
RMC 4-7-170
Minimum Lot Size 5,000 square feet All 55 lots are substandard as
identified in FOF 19 Zoning and
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 6 of 54
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Development Standard
Compliance: Lot Dimensions
RMC 4-2-110A and
RMC 4-7-170
Minimum Lot Width 50-feet, 60-feet
corner lots
All lots are substandard as
identified in FOF 19 Zoning and
Development Standard
Compliance: Lot Dimensions
except for Lots 6, 30, and 40.
RMC 4-2-110A
Minimum Lot Depth 80-feet All lots are substandard as
identified in FOF 19 Zoning and
Development Standard
Compliance: Lot Dimensions
except for Lots 16 and 48.
RMC 4-2-110A
Minimum Front Yard 20-feet except 15-
feet for alley access lots
Lots 1-6: 12-feet
Lots 30-40: 15-feet w/20-foot
garage setback
Lots 41-47: Range of 6-feet to 10-
feet from paved edge of alley.
RMC 4-2-110A Minimum Rear Yard 20-feet 5-foot setback
RMC 4-2-110A Maximum Building Coverage 50-percent Maximum building coverage
based on entire plat.
RMC 4-2-110A Maximum Impervious Surface Area 65-
percent
Maximum impervious surface
area based on entire plat.
RMC 4-2-110A
Maximum Wall Plate Height 24-feet 30-feet with 6-foot increase for
roofs pitched at a minimum ratio
of 4:12
RMC 4-2-110A Maximum Number of Stories 2 3-stories
RMC 4-2-115E.3 Façade Modulation Lots 1-5 and 27-55 substandard
in second story offset.
RMC 4-2-115E.3
Windows and Doors 25-percent of all
street and public space facades
Substandard for side elevations
on Lots 1,7,16,17,29,30,40, and
55. Modification considered at
building permit review, see FOF
23 Design Standards: Windows
and Doors.
RMC 4-2-115E.3 Eaves 12-inch projection from roof Substandard for single-gable roof
model homes.
RMC 4-2-115E.3
Architectrual Detailing 3.5 inch trim No trim at opening located
within panel siding and/or cedar
accent siding.
RMC 4-4-040D Maximum Wall Heights 6-feet Up to 10-feet
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 7 of 54
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RMC 4-6-060F.2 Residential Access Street ROW Width
53-feet
Road ‘A’ narrowed to 50-feet in
limited area
RMC 4-6-060F.2
Residential Access Street Planter Strip
Width 8-feet between curb and
sidewalk
Road ‘A’ narrowed to 5-feet
behind sidewalk in limited area
RMC 4-6-060F.2
Residential Access Street Planter Strip
Width 8-feet between curb and
sidewalk and 5-foot wide sidewalk
NE 40th St varied and meandered
to accommodate existing tree
retention.
RMC 4-6-060F.2
Collector Arterial 8-foot parking lane 2-
feet of clear back of sidewalk
Lincoln Ave NE no parking lane or
two (2) feet clear back of
sidewalk.
RMC 4-9-150E.2
Private open space at least 15-feet in
every dimension
Lots 1-5, 30-39, and 42-47
substandard in dimension, but
compliant in overall square
footage.
17. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
18. Comprehensive Plan Compliance: The site is designated Residential Medium Density (MD) on the City’s
Comprehensive Plan Map. The purpose of the MD designation is to allow a variety of single-family
development, with continuity created through the application of design guidelines, the organization of
roadways, sidewalks, public spaces, and the placement of community gathering places and civic amenities.
The proposal is compliant with the following development standards if all conditions of approval are met:
Compliance Comprehensive Plan Analysis
Policy L-3: Encourage infill development of single-family units as a means to meet
growth targets and provide new housing.
Goal L-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
Goal L-I: Utilize multiple strategies to accommodate residential growth, including:
Development of new single-family neighborhoods on large tracts of land outside
the City Center,
Development of new multi-family and mixed-use in the City Center and in the
Residential High Density and Commercial Mixed Use designations, and
Infill development on vacant and underutilized land in established neighborhoods
and multi-family areas.
Policy L-30: Maintain or increase the quantity and quality of wetlands. Development
activities shall not decrease the net acreage of existing wetlands.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 8 of 54
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Policy L-31: Protect buffers along wetlands and surface waters to facilitate infiltration
and maintain stable water temperatures, provide for biological diversity, reduce
amount and velocity of run-off, and provide for wildlife habitat.
Policy L-34: Ensure buildings, roads, and other features are located on less sensitive
portions of a site when sensitive areas are present.
Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine
hazards should be designed to prevent property damage and environmental
degradation before, during, and after construction.
Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
Goal L-EE: Build neighborhoods that promote community resiliency through healthy
lifestyles, active transportation, proximity to goods and services, access to local fresh
food, environmental sustainability, and a feeling of community.
Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
Policy L-48: Address privacy and quality of life for existing residents by considering
scale and context in infill project design.
Policy L-49: Maintain existing, and encourage the creation of additional, places and
events throughout the community where people can gather and interact. Allow for
flexibility in public gathering places to encourage place-making efforts and activities.
Policy L-50: Respond to specific site conditions such as topography, natural features,
and solar access to encourage energy savings and recognize the unique features of the
site through the design of subdivisions and new buildings.
Policy L-54: Protect public scenic views and public view corridors, including Renton’s
physical, visual and perceptual linkages to Lake Washington and the Cedar River.
Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural
slopes, and scenic areas that contribute to the City’s identity, preserve property values,
and visually define the community and neighborhoods.
Policy L-56: Complement the built environment with landscaping using native,
naturalized, and ornamental plantings that are appropriate for the situation and
circumstance and provide for respite, recreation, and sun/shade.
Policy L-57: Provide complete arranged as an interconnecting network or grid. Locate
planter strips between the curb and the sidewalk in order to provide separation
between cars and pedestrians. Discourage dead-end streets and culde-sacs.
Policy T-44: Ensure adequate transportation facilities are in place at the time of
development approval or that an adopted strategy is in place to provide adequate
facilities within six years.
Policy T-45: Ensure that new development contributes its fair share of the cost of
transportation facilities, programs and services needed to mitigate growth related
transportation impacts.
Policy U-29: Control runoff from new development, redevelopment, and construction
sites through the implementation of development design standards and construction
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 9 of 54
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techniques that promote the use of best management practices to maintain and
improve storm water quality and manage stormwater flow.
19. Zoning Development Standard Compliance: The site is classified Residential-8 (R-8) on the City’s Zoning
Map. Development in the R-8 Zone is intended to create opportunities for new single-family residential
neighborhoods and to facilitate high-quality infill development that promotes reinvestment in existing
single-family neighborhoods. It is intended to accommodate uses that are compatible with and support a
high-quality residential environment and add to a sense of community. The proposal is compliant with the
following development standards, as outlined in RMC 4-2-110.A, if all conditions of approval are met:
Compliance R-8 Zone Development Standards and Analysis
Density: The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum
of 8.0 dwelling units per net acre. Net density is calculated after the deduction of
sensitive areas, areas intended for public right-of-way, and private access easements.
Staff Comment: The subject property is comprised of 438,213 square feet. The total
square footage deducted for public streets and critical areas is 92,680 square feet
resulting in 345,533 net square feet or approximately eight (8) net acres. The proposed
55 single-family lots would result in a density calculation of approximately seven (7)
dwelling units per net acre.
Modified per
the PUD
Regulations
Lot Dimensions: The minimum lot size permitted in the R-8 zone is 5,000 sq. ft. A
minimum lot width of 50 feet is required (60 feet for corner lots) and a minimum lot
depth of 80 feet is required.
The following table identifies the proposed approximate dimensions for Lots 1-55
Proposed Lot Lot Size (sq. ft.) Lot Width (ft.) Lot Depth (ft.)
Lot 1 2,429sf 38ft 65ft
Lot 2 2,716sf 42ft 65ft
Lot 3 2,668sf 41ft 65ft
Lot 4 2,275sf 35ft 65ft
Lot 5 2,275sf 35ft 65ft
Lot 6 3,203sf 51ft 65ft
Lot 7 2,629sf 35ft 75ft
Lot 8 2,956sf 40ft 74ft
Lot 9 2,884sf 39ft 73ft
Lot 10 2,938sf 40ft 73ft
Lot 11 2,561sf 29ft 73ft
Lot 12 2,555sf 35ft 73ft
Lot 13 2,561sf 35ft 73ft
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 10 of 54
SR_HEX_Canopy-PUD_LUA19000223
Lot 14 2,686sf 35ft 79ft
Lot 15 3,604sf 35ft 73ft
Lot 16 4,062sf 35ft 116ft
Lot 17 2,175sf 30ft 73ft
Lot 18 2,175sf 30ft 73ft
Lot 19 2,175sf 30ft 73ft
Lot 20 2,175sf 30ft 73ft
Lot 21 2,175sf 30ft 73ft
Lot 22 2,175sf 30ft 73ft
Lot 23 2,175sf 30ft 73ft
Lot 24 2,175sf 30ft 73ft
Lot 25 2,175sf 30ft 73ft
Lot 26 2,900sf 40ft 73ft
Lot 27 2,175sf 30ft 73ft
Lot 28 2,175sf 30ft 73ft
Lot 29 (corner) 3,205sf 46ft 73ft
Lot 30 (corner) 3,827sf 61ft 70ft
Lot 31 2,275sf 35ft 70ft
Lot 32 2,275sf 35ft 70ft
Lot 33 2,275sf 35ft 70ft
Lot 34 2,275sf 35ft 70ft
Lot 35 2,275sf 35ft 70ft
Lot 36 2,795sf 43ft 70ft
Lot 37 2,275sf 35ft 70ft
Lot 38 2,275sf 35ft 70ft
Lot 39 2,275sf 35ft 70ft
Lot 40 3,932sf 60ft 70ft
Lot 41 2,508sf 38ft 66ft
Lot 42 2,346sf 36ft 65ft
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 11 of 54
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Lot 43 2,284sf 35ft 65ft
Lot 44 2,440sf 40ft 65ft
Lot 45 2,440sf 40ft 65ft
Lot 46 2,467sf 38ft 65ft
Lot 47 2,467sf 38ft 65ft
Lot 48 3,193sf 34ft 97ft
Lot 49 2,556sf 33ft 76ft
Lot 50 2,552sf 33ft 76ft
Lot 51 2,499sf 32ft 76ft
Lot 52 2,324sf 31ft 75ft
Lot 53 2,231sf 30ft 74ft
Lot 54 2,182sf 30ft 73ft
Lot 55 2,135sf 30ft 71ft
Staff Comment: The proposed 55-lots do not meet minimum size or dimensional
standards, however the density for the subject property remains within the allowable
range. Staff is in support of the lot dimensions modification via the PUD application.
Modified per
the PUD
Regulations
Compliant if
conditions of
approval are
met
Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 20 feet (15-
feet if alleys are utilized), side yard is 5 feet, secondary front yard (applies to corner
lots) is 15 feet, and the rear yard is 20 feet. Alley accessed garage doors 16-feet in
width shall be setback at least 24 feet from the back edge of the alley.
Staff Comment: The applicant has proposed to modify the setbacks as follows:
a. Lots 1 through 6 – Lots front on combination vault access/emergency access
road within Tract H. The homes are setback 12-feet from Tract H (front yard),
5-feet from the Alley 1 (backyard), and contain 5-foot side yards. Staff supports
the modified reduced front yard setback to 12-feet from Tract H and rear yard
setback to 5-feet from Alley 1 with reduced garage door to back edge of alley
setback of 21-feet. Front yard setbacks are oriented to an open space tract and
pedestrian pathway instead of a street and rear yards are separated by an alley
thereby providing separation from adjacent neighbors. The design of the plat
incorporates shared programmed and passive open spaces in place of private
backyards. The 3-foot reduction in the back edge of alley setback is likely to
have little effect on vehicle maneuvering.
b. Lots 7 through 16 – Lots front on Road A. The homes are setback 15-feet from
Road A (front yard), 5-feet from Alley 1, and contain 5-foot sideyards. Staff
supports the modified reduced rear yard and reduced garage door to back edge
of alley setback as identified in Lots 1-6 analysis above.
c. Lots 17 through 29 – Lots front on Road A. The homes are setback 15-feet from
Road A (front yard), 5-feet from Alley 3 with 27-foot garage door to back edge
of alley setback, and contain 5-foot side yards. Staff supports the reduced rear
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 12 of 54
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yard setback as Alley 3 and an additional 15-feet width separates the proposed
row of lots from the abutting western property. Staff supports the modified
reduced rear yard as identified in Lots 1-6 analysis.
d. Lots 30 through 40 – Lots front and obtain vehicle access from Road A, therefore
require a 20-foot front yard. As shown on the site plan (Exhibit 3) and floor plans
(Exhibit 33) homes are setback 10-feet from Road A (front yard) with a 20-foot
garage door setback, 5-foot rear yard, and 5-foot side yards. Staff indicated to
the applicant that support for the 10-foot front yard setback modification
would not be provided as the mass of the three (3) story structure was too close
to the public realm and a modification of a 15-feet front yard and 20-foot
garage setback could be supported. The applicant responded on August 7, 2020
(Exhibit 41) that a 15-foot modification could be met however the depth of Lots
30-40 would extend five (5) feet from 65-feet to 70-feet and an increase in wall
height (no higher than 10-feet) would be needed to support the increased lot
depth. It would also result in an increased encroachment into the protected
slope for Lots 30-35 (FOF 26). Staff supports the modification for a 15-foot front
yard setback with 20-foot garage setback for Lots 30-40 if massing for the
structure is reduced and primary entries are better emphasized with unique and
varied materials and/or forms. Therefore staff recommends, as a condition of
approval, the applicant submit revised site plans, elevation plans, and floor
plans with the civil construction permit application that indicates the revised
depths of Lots 30-40 with front yard setbacks of 15-feet and garage setbacks of
20-feet or greater. The massing of the homes shall be reduced by replacing the
garage side exterior wall with a column and the front porches shall be non-
repetitive and provide additional distinctive features such as material variation
and roof forms. Other mass reduction features not listed herein would be
considered by the Current Planning Project Manager. The revised setbacks and
massing reductions shall be reviewed and approved by the Current Planning
Project Manager prior to permit issuance.
e. Lots 41 through 47 – Lots front and obtain vehicle access from Alley 2. Homes
are setback ranging between 6-feet and 10-feet from paved edge of Alley 2
(front yard) with garage door setbacks ranging between 17-feet and 21-feet.
Rear yard setbacks range from 5-feet to 9-feet and side yards are 5-feet. Staff
supports the modified front yard setbacks as the homes front along a limited
access alley resulting in few vehicle trips and much of the alley will be
obscured from view due to elevation, home on lots 48-55, and landscaping
within Tract B. Staff supports the modified reduced rear yard as identified in
Lots 1-6 analysis.
f. Lots 48 through 55 – Lots front Road A and obtain vehicle access from Alley 2.
Homes are setback ranging from 10-feet to 15-feet from Road A (front yard),
rear yards are 5-feet with 25-foot garage door to back edge of alley setback,
and 5-foot side yards. Staff supports the modified rear yard setback as
identified in Lots 1-6 analysis. Staff does not support the modified front yard
setback for Lots 48-52 and 54-55. The applicant has proposed a home model on
Lot 53 that is compliant with the 15-foot front yard setback for alley loaded
homes. The depth of Lot 53 is less than the depth of Lot 48-52 however Lot 53
is able to comply with the 15-foot setback. Staff finds it reasonable the
applicant can modify the homes to better fit on Lots 48-52 and 54-55 as it has
with Lot 53 to meet the required 15-foot setback. Therefore staff recommends,
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
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as a condition of approval, the applicant submit a revised site plan with home
floor plans and exterior elevations with the civil construction permit application
that incorporates 15-foot front yard setbacks for alley loaded Lots 48 through
55. A reduction in rear yard setbacks and/or other modification to assist in
meeting this condition may also be considered by the Current Planning Project
Manager. The revised plans shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
As shown on the survey (Exhibit 2) existing homes and outbuildings on the subject
property (2020 NE 40th St and 4130 Lincoln Ave NE) would not meet setbacks on the
proposed plat. Additionally on the abutting parcel to the west (4006 Lincoln Ave NE) it
appears from the survey and recent aerials that portions of the existing home encroach
onto the subject property. Therefore staff recommends as a condition of approval, the
applicant shall remove existing homes and outbuildings on the subject property at 2020
NE 40th St and 4130 Lincoln Ave NE prior to application for Final Plat and Final PUD. The
applicant shall also remedy any encroachments on the Canopy PUD subject property
including but not limited to potential encroachments along the boundary with 4006
Lincoln Ave NE prior to application for Final Plat and Final PUD.
Modified per
the PUD
Regulations
Compliant if
condition of
approval are
met
Building Standards: The R-8 zone has a maximum building coverage of 50% and a
maximum impervious surface coverage of 65%. In the R-8 zone, a maximum building
height of 2 stories with a wall plate height of 24 feet is permitted. Roofs with a pitch
equal to or greater than 4:12 may project an additional six (6) vertical feet from the
maximum wall plate height. If the height of wall plates on a building are less than the
states maximum the roof may project higher to account for the difference, yet the
combined height of both features shall not exceed the combined maximums. Common
rooftop features, such as chimneys, may project an additional four (4) vertical feet from
the roof surface. Non-exempt vertical projections (e.g., roofs pitched less than 4:12,
decks, railings, etc.) may extend up to six (6) vertical feet above the maximum wall
plate height if the projection is stepped back one-and-a-half (1.5) horizontal feet from
each minimum building setback line for each one (1) vertical foot above the maximum
wall plate height.
Wall plates supporting a primary roof surface that has only one (1) sloping plane (e.g.,
shed roof) may exceed the stated maximum if the average of wall plate heights is equal
or less than the maximum wall plate height allowed.
Staff Comment: The proposed individual lots are substandard as it relates to size and
dimension and the proposed homes would cover a majority of each individual lot
thereby exceeding maximum coverage limitations. The applicant has requested to
modify the maximum building coverage and impervious surface coverage requirements
for each individual lot and instead base these coverage limitations on the entire platted
subject property, which the applicant claims would result in 36-percent impervious
surface coverage. Staff supports the modified interpretation of maximum building
coverage and maximum impervious surface coverage for the entire subject property
instead of each individual lot as the site as a whole would contain expansive native
growth protection and open space areas resulting in relatively low overall impervious
coverage and opportunities for groundwater recharge. Staff recommends, as a
condition of approval, the applicant submit an overall plat building coverage and
impervious coverage analysis with graphic representation with the civil construction
permit identifying the entire subject property complies with the maximum building
coverage of 50-percent and impervious coverage limitation of 65-percent. The analysis
and graphic shall be reviewed and approved by the Current Planning Project Manager
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 14 of 54
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prior to permit issuance and recorded as an exhibit with the final plat.
The applicant has requested to modify the maximum wall plate height to 30-feet with
the additional 6-foot increase for roofs pitched at a minimum ratio of 4:12. Additionally
it appears the proposed homes would qualify as three stories. The applicant claims the
height increase is needed due to the slope of the site and the depth of the buildings.
Staff supports the modified height as requested by the applicant and shown on the floor
(Exhibit 33) plans and elevation plans (Exhibits 24 and 34). The City did not receive any
comments from neighbors, City of Newcastle, or other agencies related to the requested
height increase. The applicant (Exhibit 25) provided a massing and topographic relief
rendering that indicates offsite and onsite views should not be impacted by the
proposed height. The proposed homes would step down along the grade of slope and
building foundations are designed to follow and hold the grade resulting in an
appearance of one and two stories on the opposing three story façade.
Staff recommends, as a condition of approval, the applicant submit building height and
story calculations for each of the homes within the plat with the civil construction permit
to ensure the requested 30-foot wall plate, 6-foot roof pitch, and 3-story heights comply
with the proposed modification. The building height and story calculations shall be
reviewed and approved by the Current Planning Project Manager prior permit issuance.
Compliant if
conditions of
approval are
met
Landscaping: 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. Spacing standards shall be as stipulated by
mature species size as indicated in RMC 4-4-070, provided there shall be a minimum of
one street tree planted per lot. Storm drainage facilities shall be fenced with a
minimum 15-foot wide landscaping strip located on the outside of the fence unless
otherwise determined through the site plan review or subdivision review process. The
landscape strip shall be located entirely within the boundaries of the storm drainage
facility tract when associated with a subdivision.
Staff Comment: As shown on the landscaping plans (Exhibit 5), Road A through the site
contains an eight foot wide landscape strip between the curb and sidewalk (with the
exception of the westerly curve on the north portion of the site) shown with unidentified
groundcover and street trees (Autumn Brilliance and Leprechaun Ash). Frontage
improvements along Lincoln Ave NE and NE 40th St do not show street trees planted in
the eight foot wide planter strip. The proposed street trees are small mature species
and the Autumn Brilliance is not a species in the City’s Approved Street Tree List. As
detailed the in the Arborist Report (Exhibit 12) and Tree Retention Plan (Exhibit 13), the
applicant is proposing to remove 215 of the site’s 234 significant trees, many of which
are large and mature. Therefore staff recommends, as a condition of approval, the
applicant submit a detailed landscaping plan with the civil construction permit
application that provides medium-size maturing trees in planter strips abutting the new
lots and large-sized maturing trees in planter strips that abut tracts and/or street
frontage only. At least one (1) street tree shall be planted per lot (55 trees) along Road
A based on the spacing requirements and if spacing requirements do not permit 55-
trees to be planted along Road A then the applicant shall provide a fee in-lieu for the
remaining trees in the City Urban Forestry Program fund. Additionally, the landscape
plan shall provide root barrier systems within the planter strip to impede tree roots from
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 15 of 54
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buckling the abutting sidewalks.The detailed landscaping plan shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
Street frontage landscaping 10-feet in width is shown along lots abutting Road A
consisting of unidentified groundcover and small species trees such as Vine Maple, Little
Gem Magnolia, Princeton Sentry Gingko, and Sourwood, Plum, Red Barron Crabapple.
Lots 1 through 6 do not abut Road A, however a public walkway and open space tract
are located directly west of the lots. To provide a buffer and transition from privat e
space to public realm along the western portion of these lots staff recommends, as a
condition of approval, the applicant’s submitted detailed landscaping plan with the civil
construction permit shall provide a minimum of one (1) small sized maturing tree from
the City’s Approved Street Tree List, shrubs, and groundcover along the western
portions of Lots 1-6 abutting the walkway in Tract H. The detailed landscaping plan shall
be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
The proposed storm drainage vaults are located on the northwest portion of the subject
property. The landscaping plan identifies the area on top of the vaults will be planted
with lawn for passive recreation with split-rail fencing, and tree planting along the
perimeter. The vaults are subterranean with the exception of a portion on the northwest
corner of Vault 1 in Tract H where an exposed area approximately two feet in height
will rise from the ground due to the slope of the site as shown in the wall exhibit (Exhibit
18). As the storm drainage facilities are vaults and not open ponds and they will also
function as passive open spaces, there is no compelling reason to require typical
drainage fencing and a 15-foot wide landscaping screen. However, the exposed portion
of the vault should be aesthetically treated to enhance the open space area. Therefore
staff recommends, as a condition of approval, the applicant submit specifications with
the detailed landscaping plan submitted with the civil construction permit that provides
a veneer surface attached to the exposed portion of Vault 1 in Tract H that consists of
brick detailing such as a garden wall bond with diagonal patterns or a comparable
surface approved by the Current Planning Project Manager with shrub and groundcover
landscaping at the base of the exposed wall. The specifications shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
Compliant if
condition of
approval is
met
Tree Retention: The City’s adopted Tree Retention and Land Clearing Regulations (4-
4-130) require the retention of 30 percent of trees in a residential development.
Significant trees shall be retained in the following priority order:
Priority One: Landmark trees; significant trees that form a continuous canopy;
significant trees on slopes greater than twenty percent (20%); significant trees adjacent
to critical areas and their associated buffers; and significant trees over sixty feet (60')
in height or greater than eighteen inches ( 18") caliper.
Priority Two: Healthy tree groupings whose associated undergrowth can be preserved;
other significant native evergreen or deciduous trees; and other significant non- native
trees.
Priority Three: Alders and cottonwoods shall be retained when all other trees have
been evaluated for retention and are not able to be retained, unless the alders and/ or
cottonwoods are used as part of an approved enhancement project within a critical
area or its buffer.
A minimum tree density shall be maintained on each residentially zoned lot. For
detached single-family development, the minimum tree density is two (2) significant
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 16 of 54
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trees for every five thousand (5,000) square feet. The tree density may consist of
existing trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street
Frontage Landscaping Required, or a combination.
Staff Comment: The project site contains 377 trees as indicated in the arborist report
prepared by Washington Forestry Consultants, dated June 3, 2019 (Exhibit 12) and the
corresponding preliminary tree retention plan (Exhibit 13). Dominant tree species
include Douglas Fir, Western Red Cedar, Bigleaf Maple, and Red Alder. Of the 377 trees
on the subject site, 143 trees are dead, diseased or dangerous, located within areas of
proposed streets, or located in critical areas and their buffers resulting in a site total of
234 significant trees.
In order to meet RMC thirty-percent (30%) retention requirements the applicant would
be required to retain 70 significant trees. The applicant has proposed to retain 19 trees
or approximately eight-percent (8%) of the subject property’s significant trees due to
slopes on the subject property and the necessary grading to support homes and
infrastructure on the new lots. The proposed retained trees outside of critical areas are
located in the southeastern portion of Tract C and a small area in the northwestern
portion of the site in Tract A.
Staff would support the applicant’s request for replacement of the remaining twenty-
two percent (22%) of the trees, which would result in 612 replacement caliper inches or
306 two-inch caliper trees, however the species of replacement trees should be
commensurate in the mature species size as those that are requested to be removed.
As shown in the arborist report, the applicant proposes to remove mature large species
trees such as Douglas Fir, Western Red Cedar, and Big-Leaf Maple that are in fair and
good condition. Many of the replacement trees that are proposed to be planted in open
space areas are varieties of smaller mature species such as Vine Maple, Sourwood, Red
Barron Crabapple, Little Gem Magnolia, and Purple Leaf Plum. Such varieties are
suitable for street frontage landscaping on the smaller individual lots, but the open
spaces should be replanted with large mature native evergreen species as this would
be proportionate with the mature vegetation that took a generation to obtain their
stature will be removed. The applicant’s arborist report (Exhibit 12, page 6),
recommends Douglas Fir planting in open areas, but no such planting is proposed in the
landscaping plan (Exhibit 5). Therefore staff recommends, as a condition of approval,
the applicant revise the planting schedule on the detailed landscaping plan to be
submitted with the civil construction permit to provide greater planting of native
evergreen trees in open space and native growth protection area tracts. Large size
maturing trees such as Douglas Fir, Western Red Cedar, Western Hemlock, and other
comparable species as approved by the Current Planning Project Manager shall be
provided. The detailed landscaping plan shall be reviewed and approved prior to permit
issuance.
Due to the large number of new trees needed to comply with the City’s replacement
requirement and the recommended condition for the addition of large size maturing
trees noted above, staff recommends as a condition of approval, the applicant’s
certified arborist review the detailed landscape plan to be submitted with the civil
construction permit and provide written recommendations on tree spacing for the new
trees within the plat. As a result of the arborist’s review, if there remains outstanding
tree replacement caliper inches due to spacing limitations, the remaining tree
replacement caliper inches shall be satisfied via fee-in-lieu in the City Urban Forestry
Program fund. The detailed landscape plan and certified arborist tree spacing
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 17 of 54
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recommendations shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
It does not appear on the landscaping plan (Exhibit 5) that each lot contains the
minimum density of two (2) trees per 5,000 square feet. Lots 1-6 would likely meet the
requirement based on the tree planting condition noted in the Landscaping section
above. However Lots 30-47 and 52 do not appear to meet the minimum density or have
no tree planting. Therefore staff recommends, as a condition of approval, the applicant
submit a minimum tree density exhibit as a component to the detailed landscaping plan
that is to be submitted with the civil construction permit. The minimum tree density
exhibit shall provide a detail of every lot in the plat and how it meets the minimum two
(2) trees per 5,000 square foot requirement. The minimum tree density exhibit shall be
reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
Parking: Parking regulations require that a minimum of two parking spaces be
provided for each detached dwelling.
Driveway cuts are required to be a minimum of 5 feet from property lines (except joint
use driveways) and new driveways may be a maximum of 16 feet in width at the
property line. Maximum driveway slopes shall not exceed fifteen percent (15%);
provided, that driveways exceeding eight percent (8%) shall provide slotted drains at
the lower end with positive drainage discharge to restrict runoff from entering the
garage/residence or crossing any public sidewalk.
Staff Comment: As shown on the floor plans (Exhibit 33), each new home would contain
a two-car garage. Vehicle access to the lots will be via alleys with the exception of Lots
30-40. Lots 30-39 would utilize joint use driveways and Lot 40 would have a standalone
driveway with a cut greater than five (5) feet from the side property lines. Driveways do
not appear to exceed 15% on the grading plan (Exhibit 7), the need for slotted drains
should grades exceed eight percent (8%) would occur with the building permit
application.
Modified per
the PUD
Regulations
Fences and Retaining Walls: In any residential district, the maximum height of any
fence, hedge or retaining wall shall be seventy two inches (72"). Except in the front
yard and side yard along a street setback where the fence shall not exceed forty eight
inches (48") in height.
There shall be a minimum three-foot (3') landscaped setback at the base of retaining
walls abutting public rights-of-way.
Staff Comment: The applicant has requested modification to the retaining wall height
limitation of 72-inches in eastern portions of the site surrounding Lots 30-47 and west
of Alley 3 as highlighted in the wall exhibit (Exhibit 18) due to the generally steep nature
of the site and limit the impacts to nearby critical areas and abutting properties.
Proposed heights in these areas would extend between eight (8) and 10 feet. Walls six
(6) feet in height or less are located in Tracts C and G. Proposed wall materials consist
of rockery, Redi-Rock engineered wall system, and a vegetated mechanically stabilized
earth system. The City’s secondary geotechnical engineer has reviewed the wall plans
(Exhibit 20) and the ERC has issued mitigation measures requiring the applicant to
comply with recommendations of geotechnical reports, secondary review, and have the
applicant’s geotechnical engineer seal and certify all rockeries and retaining walls
regardless of height on the civil construction plans and provide long-term maintenance
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 18 of 54
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recommendations for future homeowners as an exhibit in the forthcoming Covenants,
Conditions, and Restrictions document to be recorded with the final plat.
Staff supports the increased retaining wall heights as they are limited and most of the
taller sections are likely obscured from offsite view. Safety of the walls was reviewed
and mitigation measures have been added to the environmental threshold
determination. However aesthetic impact of the walls requires additional scrutiny to
ensure they are compatible with the scale of single-family residential development.
Therefore staff recommends, as a condition of approval, the applicant submits detailed
specifications of all Redi-Rock retaining wall veneers regardless of height with the civil
construction permit application. The veneers shall have a scale similar to brick or other
small scale material as approved by the Current Planning Project Manager. The detailed
specifications shall be reviewed and approved by the Current Planning Project Manager
prior to permit issuance.
As indicated in the City secondary geotechnical review (Exhibit 20), vegetated walls can
be challenging in establishing and maintaining the vegetation. Therefore staff
recommends, as a condition of approval, the applicant submit a surety to ensure the
survival of the plantings on the vegetated mechanically stabilized walls for a minimum
of five (5) years. The surety shall include a warranty for the plantings and maintenance
of the wall for the five (5) year period. The surety and maintenance specifications shall
be executed prior to plat recording.
The landscaping plan (Exhibit 5) indicates split rail fencing on the border of the lawn
areas atop of the storm vaults. The detail sheet shows a typical three (3) rail fence four
(4) feet in height. The applicant indicated in the initial application materials that a
request to install a six (6) foot high fence on top of the retaining walls however no such
detail or plan is shown on where the fence(s) would be located. Staff is generally not
supportive of a fence located on top of a retaining wall that exceeds the underlying
height limitation, in this case six (6) feet. Retaining wall and fence height regulations
require fences to be setback a minimum of two (2) feet behind the retaining wall if the
combined height exceeds six (6) feet (RMC 4-4-040C.2.b). Without a plan or detail of
where a six (6) foot high fence would be located on top of a retaining wall that already
exceeds six (6) feet staff is not compelled to support the modification. Instead a
separate standalone modification would need to be requested for consideration with
plans, details, and justification.
20. PUD Applicability Standards: Pursuant to RMC 4-9-150B, any applicant seeking to permit development
which is not limited by the strict application of the City’s zoning, parking, street, and subdivision regulations
in a comprehensive manner shall be subject to applicability standards. The following table contains project
elements intended to comply with applicability standards, as outlined in RMC 4-9-150B:
Compliance PUD Applicability Criteria and Analysis
Compliant if
conditions of
approval are
met
In approving a planned urban development, the City may modify any of the standards
of RMC 4-2, RMC 4-3-100, RMC 4-4, RMC 4-6-060, and RMC 4-7. All modifications
shall be considered simultaneously as part of the planned urban development.
Staff Comment: Residential Development Standards requested to be modified are
analyzed in detail in FOF 19. All modifications are noted in FOF 16.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 19 of 54
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Compliant if
conditions of
approval are
met
An applicant may request additional modifications from the requirements of the
Renton Municipal Code. Approval for modifications other than those specifically
described in subsection RMC 4-9-150B.2.a shall be approved prior to submittal of a
preliminary planned urban development plan.
Staff Comment: All eligible modifications are outlined above under FOF 16: Staff is in
support of requested modifications if all conditions of approval are met with the
exception of front yard setbacks for Lots 48 through 52 and 54 and 55 as provided in
FOF 19 Zoning and Development Standards: Setbacks and fences six (6) feet in height
on top of a retaining wall as provided in FOF 19 Zoning and Development Standards:
Fences and Retaining Walls.
A planned urban development may not authorize uses that are inconsistent with
those uses allowed by the underlying zone, or overlay district, or other location
restriction in RMC Title 4, including, but not limited to: RMC 4-2-010 to 4-2-080, 4-3-
010 to 4-3-040, 4-3-090, 4-3-095, and 4-4-010.
Staff Comment: The applicant has proposed a single-family residential subdivision
with detached dwellings. Pursuant to RMC 4-2-060 Zoning Use Table, detached
dwellings are an allowed use in the Residential-8 (R-8) zone.
The number of dwelling units shall not exceed the density allowances of the
applicable base or overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however,
averaging density across a site with multiple zoning classifications may be allowed if
approved by the Community and Economic Development Administrator.
Staff Comment: The proposed density does not exceed the underlying eight (8) units
per net acre limitation. See also FOF 19 Zoning and Development Standards: Density.
21. PUD Decision Criteria Analysis: Pursuant to RMC 4-9-150D, each planned urban development shall
demonstrate compliance with the Planned Urban Development decision criteria. The following table
contains project elements intended to comply with the Planned Urban Development decision criteria, as
outlined in RMC 4-9-150D:
Compliance PUD Decision Criteria and Analysis
Demonstration of Compliance and Superiority Required: Applicants must demonstrate
that a proposed development is in compliance with the purposes of this Section and
with the Comprehensive Plan, that the proposed development will be superior to that
which would result without a planned urban development, and that the development
will not be unduly detrimental to surrounding properties.
Staff Comment: The proposed Canopy subdivision and single-family homes are in
compliance with the City’s Comprehensive Plan, see FOF 18. The proposed development
is superior to a typical single-family residential neighborhood as its clustered design
provides the ability to build homes and infrastructure on a relatively steep hillside
without the need for expansive rows of retaining walls. The clustered design of the
subdivision results in smaller lots and modest home sizes, however the density of the
subject property remains compliant with the R-8 zoning limitations and large expanses
of the site remain either undeveloped or integrated as usable open space which is
atypical in a traditional single-family subdivision. The proposed detached dwellings are
designed to take up much of the upward slope of the site. This results in fewer retaining
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 20 of 54
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walls for the site and the retaining walls that are needed are obscured from offsite view
and/or will be aesthetically treated so they provide an enhancement to neighborhood.
The proposed development would not be unduly detrimental to the surrounding
properties as the single-family residential development is consistent with the existing
development pattern and land use designation for the area. No views of Lake
Washington are anticipated to be impacted as the development would follow the
downward westerly slope of the hillside instead of extensive grading and leveling as is
often typical for residential subdivisions.
Public Benefit Required: Applicants shall demonstrate that a proposed development will provide
specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the
proposed planned urban development, particularly those adverse and undesirable impacts to
surrounding properties, and that the proposed development will provide one or more of the following
benefits than would result from the development of the subject site without the proposed planned
urban development:
Staff Response: The applicant has provided more than one (1) identified public benefit enumerated
below. While the natural features option specifically states protection of natural features on the subject
property, staff finds the acquisition of the offsite benefit parcel that would preserve and enhance existing
tree canopy a public benefit that is worth noting and not to be discounted as preservation of offsite land
through a development application is not a typical occurrence. As also noted below, the offsite benefit
parcel satisfies the critical areas option.
a. Critical Areas: Protects critical areas that would not be protected otherwise to the
same degree as without a planned urban development.
Staff Comment: The applicant has proposed to purchase an offsite parcel (Exhibit 10)
containing two (2) Category III wetlands, one (1) Category IV wetland, one (1) Type F
stream, and one (1) Type Np stream as an identified PUD public benefit. The property is
currently undeveloped and the applicant has proposed to enhance the degraded
portions of the buffers associated with the on-site critical areas as shown on the stream
study and wetland assessment/preliminary mitigation plan for the offsite benefit parcel
prepared by Wetland Resources, dated November 21, 2019 (Exhibit 21). The buffer
enhancement would involve removing invasive species and planting native trees and
shrubs. Prior to planting new trees and shrubs, invasive woody species including
Himalayan blackberry and English holly would be removed from the buffer enhancement
area. Any existing native plants within the buffer would be retained and protected. A
SEPA mitigation measure required the applicant to submit a final stream and wetland
mitigation plan for the offsite benefit parcel concurrent with the civil construction permit
for the subdivision. Approved restoration and mitigation is an exempt activity and
permitted within stream, wetlands, and their buffers. Therefore staff recommends, as a
condition of approval, the applicant submit a Critical Areas Exemption request for the
restoration and mitigation activities on the off-site benefit parcel. The Critical Areas
Exemption shall be reviewed and issued prior to or concurrent with civil construction
permit issuance.
Long term ownership and maintenance would be the responsibility of the homeowners
association unless the City determines it is able to assume ownership and provide
maintenance services. Staff recommends, as a condition of approval, that prior to final
plat application, if it is determined that the Canopy Homeowners Association will own
and maintain the offsite benefit parcel, the applicant shall submit the final plat
document with the offsite benefit parcel as a tract within the plat, noting its native
growth protection areas and equal ownership from all property owners within the
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 21 of 54
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subdivision. The applicant shall include the ownership and maintenance responsibilities
in the Covenants, Conditions, and Restrictions (CC&Rs) to be recorded with the final plat.
The tract addition and CC&Rs, if needed, shall be reviewed and approved by the Current
Planning Project Manager prior final plat recording.
N/A
b. Natural Features: Preserves, enhances, or rehabilitates natural features of the
subject property, such as significant woodlands, native vegetation, topography, or
noncritical area wildlife habitats, not otherwise required by other City regulations.
c. Public Facilities: Provides public facilities that could not be required by the City for
development of the subject property without a planned urban development.
Staff Comment: The applicant proposes to extend offsite street frontage improvements
along NE 40th St and provide an offsite pedestrian pathway.
Per the City’s Street Standards, the applicant is obligated to improve street frontages
along the subject property frontage if they do not meet current standards. As such the
applicant is providing frontage improvements along Lincoln Ave NE and NE 40th St along
the frontage abutting the subject property. The applicant has proposed to extend those
street frontage improvements along NE 40th St west of the subject property frontage to
the intersection of Lincoln Ave NE as shown on the civil site plan (Exhibit 6). A SEPA
mitigation measure has required the applicant construct the frontage improvements on
NE 40th St west of the subject property meeting the residential access street standards
with the exception for those areas where the sidewalk and/or planter strip could
meander and vary widths to save existing trees within the ROW and/or abutting
property.
The applicant has proposed a pedestrian trail system through the site’s open space and
native growth protection area tracts. Along the eastern border of the subject property,
an unimproved 30-foot wide ROW runs parallel in a north/south direction. The applicant
has proposed to extend the onsite pedestrian trail system onto the public ROW and
extend north to intersect with an existing east/west pedestrian trail on an unimproved
ROW between NE 43rd St and SE 80th St that connects to Lincoln Ave NE. This public trail
is anticipated to provide views of Lake Washington and the Olympic Mountains. A SEPA
mitigation measure would require the applicant to design the trail to have minimal
impact to the wetland, stream, and their buffers.
N/A
Use of Sustainable Development Techniques: Design which results in a sustainable
development; such as LEED certification, energy efficiency, use of alternative energy
resources, low impact development techniques, etc.
Compliant if
Condition of
Approval is
Met
d. Overall Design: Provides a planned urban development design that is superior to
the design that would result from development of the subject property without a
planned urban development. A superior design may include the following:
i. Open Space/Recreation:
(a) Provides increased open space or recreational facilities beyond standard code
requirements and considered equivalent to features that would offset park mitigation
fees in Resolution 3082; and
(b) Provides a quality environment through either passive or active recreation facilities
and attractive common areas, including accessibility to buildings from parking areas and
public walkways; or
Staff Comment: Not applicable.
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LUA19-000223, PUD, PP, VA-H
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ii. Circulation/Screening: Provides superior circulation patterns or location or screening
of parking facilities; or
Staff Comment: Not applicable
iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or
around the proposed planned urban development; or
Staff Comment: Not applicable.
iv. Site and Building Design: Provides superior architectural design, placement,
relationship or orientation of structures, or use of solar energy; or
Staff Comment: As mentioned previously, the homes in the Canopy subdivision are
proposed to step down the hillside instead of excessive grading, leveling, and terracing.
Several passive and active open space areas are located in the subdivision connected by
a pedestrian trail system and further connected across the roadway via street
enhancements (See Circulation in this section). Home designs within the subdivision
would be unique. Modern styles with gable, shed, and butterfly roof forms. Expansive
glazing, wood, lap, and panel cladding materials would wrap the homes. Additional
character is added by the step-down of the hillside. Rows of homes may appear as one-
story bungalows along the road but as the hill slopes down the opposing façade appears
as three (3) stories. This creates a variety in elevations and breaks up monotony as the
streetscape provides the appearance of one, two, and three story homes within the
single subdivision (Exhibit 23). Such a design is a rarity in contemporary production
home sites and will be distinct within the City of Renton.
v. Alleys: Provides alleys for proposed detached or attached units with individual,
private ground related entries.
Staff Comment: Not applicable, alleys are the preferred vehicle access for R-8 zoned
properties.
Building and Site Design:
i. Perimeter: Size, scale, mass, character and architectural design along the planned
urban development perimeter provide a suitable transition to adjacent or abutting
lower density/intensity zones. Materials shall reduce the potential for light and glare.
Staff Comment: The proposed size, scale, mass, character, and architectural design of
the plan is complementary and consistent with the existing neighborhood. Large vacant
single-family parcels are located east of the site in Newcastle. The step down of the
Canopy site and open space buffer between the homes and eastern border will preserve
views for those properties when they develop in the future. Open space and native
growth protection areas would buffer the development from the northern neighbor and
a limited access alley would separate the plat from the western two (2) properties.
Materials of the homes would consist of wood and cementitious material that would
not produce light or glare.
ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups
should be related by coordinated materials and roof styles, but contrast should be
provided throughout a site by the use of varied materials, architectural detailing,
building orientation or housing type; e.g., single family, townhouses, flats, etc.
Staff Comment: The proposed homes would have varied roof forms and heights
depending on where on the hillside they are located. A consistent cladding of lap, wood,
and panel siding with varied colors would reduce monotony of the exteriors. The
City of Renton Department of Community & Economic Development
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Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 23 of 54
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neighborhood would be similar to a cluster subdivision with smaller lot sizes and
expansive shared open spaces while maintaining the density limitation of eight (8) units
per net acre.
Modified per
the PUD
Regulations
Compliant if
Condition of
Approval is
Met
Circulation:
i. Provides sufficient streets and pedestrian facilities. The planned urban development
shall have sufficient pedestrian and vehicle access commensurate with the location, size
and density of the proposed development. All public and private streets shall
accommodate emergency vehicle access and the traffic demand created by the
development as documented in a traffic and circulation report approved by the City.
Vehicle access shall not be unduly detrimental to adjacent areas.
ii. Promotes safety through sufficient sight distance, separation of vehicles from
pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns,
and minimization of steep gradients.
iii. Provision of a system of walkways which tie residential areas to recreational areas,
transit, public walkways, schools, and commercial activities.
iv. Provides safe, efficient access for emergency vehicles.
Staff Comment: Access to the proposed PUD subdivision would be from a new public
residential access street noted as Road A on the preliminary plat (Exhibit 4) intersecting
at Lincoln Ave NE on the northwest corner of the site and NE 40th St. on the southeast
corner of the site. The new street would provide through two-way access with no dead-
end. Three private alleys within the plat would provide vehicle access to lots with the
exception of Lots 30-40 that would have shared driveways equaling six (6) curb cuts
along the east side of Road A.
A Traffic Impact Analysis (TIA) was required with the preliminary plat application as the
proposal would exceed 20 peak hour trips. The applicant submitted a TIA with the land
use application prepared by Transportation Engineering NW (TENW) dated April 24,
2019 (Exhibit 26). Site generated traffic volumes were calculated using data from the
Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition for land
use code 210 Single-Family Detached Housing. The proposed subdivision is estimated to
generate 591 net new weekday daily trips with 44 net new trips during the weekday AM
peak hour (11 in and 33 out) and 56 net new trips occurring during the weekday PM
peak hour (36 in and 20 out). These trips reflect the credit provided for the two (2)
existing homes that would be removed as part of the proposal. Trip distribution for the
project includes seventy-percent (75%) of the peak hour trips would come from I-405
(35% north and 40% south), fifteen-percent (15%) from northbound Lake Washington
Blvd NE, and ten-percent (10%) from southbound Monterey Pl NE. Level of Service (LOS)
in 2021 with and without the project would remain generally the same at the two (2)
offsite study intersections located at I-405 southbound ramps/NE 44th Street and I-405
northbound ramps/Lake Washington Blvd NE/NE 44th Street. Site access LOS at Lincoln
Ave NE and Monterey Pl NE/NE 40th Street would operate at B or better with or without
the project in 2021.
The applicant would be required to construct Road A to residential access street
standards that include two 10-foot wide travel lanes, one 6-foot wide parking lane with
pedestrian bulb-outs near intersections, two ½ foot wide curbs with gutters, two 8-foot
wide planter strips, and two 5-foot wide sidewalks within a 53-foot ROW. Alley 2 on the
northeast portion of the property also provides emergency access for Lots 41-47 so it
will provide 20-feet of paved width with a hammerhead turnaround. A portion of the
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 24 of 54
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ROW width narrows to 50-feet between stations 13+00 and 14+00 along the northern
curve of Road A across the street from Lot 7. The sidewalk meanders to behind the curb
and a planter strip 5-feet in width would be located behind the sidewalk and between
the retaining wall. Staff supports this modification as it provides the required three (3)
foot setback for retaining walls from the ROW, it is relatively minor in scope, and the
applicant has agreed to plant an additional row of street trees behind the sidewalk west
of the narrowed street as shown on the landscaping plans (Exhibit 5).
The project site contains frontage along Lincoln Ave NE, a collector arterial, and NE 40th
St, a residential access street. The applicant would be required to construct half-street
frontage improvements along the subject property frontage abutting both streets.
Additionally, the applicant would construct offsite frontage improvements along NE 40th
St west of the subject property frontage to the intersection of Lincoln Ave NE as shown
on the civil site plan (Exhibit 6) as an identified public benefit for the PUD application
and integrated as a SEPA mitigation measure (Exhibit 1). Frontage improvements along
NE 40th St include 0.5-foot curb, 8-foot wide planter strip, and 5-foot wide sidewalk. Due
to mature evergreen trees in and around the NE 40th St. frontage, staff supports a
modification to the residential access street standards that would allow the planter strip
and sidewalk alignment and widths to vary to retain existing mature trees in the ROW
and abutting property frontage. Staff recommends, as a condition of approval the
applicant submit a revised arborist report with the civil construction permit that
analyzes the health and viability of existing trees in and around the NE 40th St frontage
and provides recommendations for the well-being of the trees while the frontage is
under construction including monitoring, tree and root protection, irrigation, pruning,
etc. during and post construction to ensure the safety and vitality of the trees. The
revised arborist report shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance. Frontage improvements along Lincoln Ave NE include
0.5-foot curb, 8-foot wide planter strip with street trees, and 8-foot wide sidewalk. As
part of the PUD modification, the applicant has requested to exclude the 8-foot wide
parking lane and 2-feet clear space behind the sidewalk, which was supported by staff
as it would provide a consistent paved edge alignment along the street corridor.
With the exception of Lots 1-6 and 41-47, emergency vehicle access to each of the
proposed lots would be provided by Road A. Proposed Alley 2 is in excess of 300-feet and
per RMC 4-6-060H.2 requires a cul-de-sac turnaround for emergency vehicles. The
applicant has corresponded with Renton Regional Fire Authority (Exhibit 35) regarding
the proposed hammerhead turnaround and the fire authority has determined the
modified turnaround acceptable if the Lots 41-47 contain approved fire sprinkler
systems. Staff supports the modified turnaround providing a hammerhead in-lieu of a
cul-de-sac. Staff recommends, as a condition of approval, the applicant install approved
fire sprinkler systems for Lots 41-47 as shown on the preliminary plat (Exhibit 4) and a
plat note shall be included on the final plat document that indicates homes on Lots 41-
47 require approved fire sprinklers. The plat note shall be reviewed and approved by the
Current Planning Project Manager prior to plat recording. Emergency access to Lots 1-6
would be obtained via the vault access road shown in Tract H. This access road would
be multipurpose serving the need for emergency access, vault access, pedestrian
streetscape for Lots 1-6, and open space, therefore staff recommends, as a condition of
approval, the applicant submit an emergency and vault access road detail exhibit with
the civil construction permit application. The exhibit shall provide details of the road
width and hammerhead turnaround meeting the specifications of the Renton Regional
Fire Authority with paved materials that are complementary to pedestrian and open
space environments while meeting the needs of fire apparatus such as scored and/or
City of Renton Department of Community & Economic Development
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Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 25 of 54
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stamped concrete, pavers, or other comparable materials as approved by the Current
Planning Project Manager. The access road shall be pulled out of Tract H and placed in
a separate tract and easement that would limit use to emergency, vault access, and
open space and the tract/easement shall be named for the purpose of addressing Lots
1-6. The exhibit shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance. Tract and easement language for the road shall be
reviewed and approved by the Current Planning Project Manager prior to plat recording.
The applicant proposes a pedestrian trail system though Tracts C, G, and H. Additionally,
the trail within Tract C would connect to an offsite trail the applicant proposes to
construct as an identified public benefit with the PUD application within an unimproved
ROW abutting the eastern portion of the property that would connect to an existing
pedestrian pathway within the unimproved portion of NE 43rd Ave that connects to
Lincoln Ave NE. Additionally, the applicant proposes traffic control measures on Road A
that would duel as open space connections from Tracts A to H and Tracts B to F as shown
on the landscaping plans (Exhibit 5). Staff finds this linkage integral to the site’s overall
system of pedestrian pathways as it provides the cross-street links needed to connect
the network from the open space abutting Lincoln Ave NE to the offsite trail on the far
eastern portion of the property between Lots 40 and 41. Staff supports the modification
to integrate unique traffic control measures on the internal residential access street
(Road A) in the areas noted in the landscaping plan. To ensure the control measures also
integrate delineate on-street pedestrian trail connections, staff recommends, as a
condition approval, the applicant submit a traffic control/pedestrian enhancement
exhibit for Road A with the civil construction permit application. The exhibit shall provide
details of the traffic control measures and pedestrian connections that connect Tract A
to Tract H and Tract B to Tract F. The enhancement shall include features such as raised
concrete providing a level crossing similar to a “festival street” cross section with the
planter strip replaced with street trees in grates and/or other pedestrian and traffic
control features as approved by the Current Planning Project Manager. The Road A
traffic control/pedestrian enhancement exhibit shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
The proposal has passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
27), which is based upon a test of the citywide Transportation Plan, consideration of
growth levels included in the LOS-tested Transportation Plan, and future payment of
appropriate Transportation Impact Fees. The 2020 Transportation Impact Fee is
$7,820.42 and would be assessed at the time of building permit issuance.
Clusters or Building Groups and Open Space: An appearance of openness created by
clustering, separation of building groups, and through the use of well-designed open
space and landscaping, or a reduction in amount of impervious surfaces not otherwise
required.
Staff Comment: The proposed subdivision would be clustered in three (3) blocks with
much of the eastern and northeastern portion of the subject property set aside in native
growth protection areas and passive open space. Open spaces also separate blocks,
which are connected via pedestrian trails. The applicant anticipates 36-percent of the
entire site would be impervious, while the code limitation for each individual lot would
65-percent.
Privacy and Building Separation: Provides internal privacy between dwelling units,
and external privacy for adjacent and abutting dwelling units. Each residential or
mixed use development shall provide visual and acoustical privacy for dwelling units
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 26 of 54
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and surrounding properties. Fences, insulation, walks, barriers, and landscaping are
used, as appropriate, for the protection and aesthetic enhancement of the property,
the privacy of site occupants and surrounding properties, and for screening of storage,
mechanical or other appropriate areas, and for the reduction of noise. Windows are
placed at such a height or location or screened to provide sufficient privacy. Sufficient
light and air are provided to each dwelling unit.
Staff Comment: The proposed subdivision design contains no backyard abutting units
with only abutments located on side yards. Front and rear yards are separated by
street or alley. The applicant states the openings on the homes side elevations (Exhibit
34) allow light and air to the interior however, they are of discreet size and located in
limited areas.
Building Orientation: Provides buildings oriented to enhance views from within the
site by taking advantage of topography, building location and style.
Staff Comment: The orientation of the future homes would be from east to west
following the topographic relief of the hillside. The homes would step down the slope
and have separation of a street or alley providing view opportunities for each
residence.
Parking Area Design: Provides parking areas that are complemented by landscaping
and not designed in long rows. The size of parking areas is minimized in comparison to
typical designs, and each area related to the group of buildings served. The design
provides for efficient use of parking, and shared parking facilities where appropriate.
Staff Comment: Primary resident parking would be obscured from view as the
proposed homes would contain two (2) car garages accessed via alleys (except Lots 30-
40 would be accessed from Road A). The residential access street design of Road A
provides an on-street parking lane along one side of the road.
Phasing: Each phase of the proposed development contains the required parking
spaces, open space, recreation spaces, landscaping and utilities necessary for creating
and sustaining a desirable and stable environment, so that each phase, together with
previous phases, can stand alone.
Staff Comment: The applicant proposes to construct the project as is typical with a
residential subdivision by clearing and grading the site, constructing the infrastructure,
and then building the homes.
22. PUD Development Standards: Pursuant to RMC 4-9-150D.4, each planned urban development shall
demonstrate compliance with the development standards for the Planned Urban Development
regulations. The following table contains project elements intended to comply with the development
standards of the Planned Urban Development regulations, as outlined in RMC 4-9-150E:
Compliance PUD Development Standard Analysis
1. COMMON OPEN SPACE STANDARD: Open space shall be concentrated in large usable areas and
may be designed to provide either active or passive recreation. Requirements for residential, mixed
use, commercial, and industrial developments are described below.
Compliant if
condition of
Standard: For residential developments open space must equal at least ten percent
(10%) of the development site’s gross land area.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 27 of 54
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approval is
met
i. Open space may include, but is not limited to, the following:
(a) A trail that allows opportunity for passive recreation within a critical area buffer
(only the square footage of the trail shall be included in the open space area
calculation), or
(b) A sidewalk and its associated landscape strip, when abutting the edge of a critical
area buffer and when a part of a new public or private road, or
(c) A similar proposal as approved by the Hearing Examiner.
ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common
space or recreation area shall be provided in a concentrated space.
iii. Stormwater facilities may be incorporated with the open space, common space or
recreation area on a case-by-case basis if the Hearing Examiner finds:
(a) The stormwater facility utilizes the techniques and landscape requirements set
forth in The Integrated Pond, King County Water and Land Resources Division, or an
equivalent manual, or
(b) The surface water feature serves areas outside of the planned urban development
and is appropriate in size and creates a benefit.
Staff Comment: The Canopy PUD site contains 438,213 square feet of gross area
resulting in a common open space requirement of 43,821 square feet. The subdivision
would contain 55-lots therefore resulting in 2,750 square feet of additional required
common space or recreation area in a concentrated space. The preliminary open space
plan (Exhibit 36) provides calculations and graphics of proposed space.
Common open space would be provided in Tracts A, B, C, G, H, J, and K totaling 46,137
square feet. Open space in Tracts C and G would be limited to trail alignment and open
space areas abutting the hammerhead in Alley 2. Active open space would be provided
in Tracts B and K with playground and exercise equipment and passive spaces provided
A, H, and C with expansive lawn area, seating, trails, landscaping, and view stations.
The applicant has incorporated the stormwater facilities in Tracts A and H into the
open space, however the facilities are vaults with expansive lawn, seating areas, and
pedestrian paving. Staff recommends these areas be credited with the common open
space calculation.
Concentrated open space would be provided in F totaling 5,745 square feet and
programmed with play structures, seating, gathering space, and landscaping. The
concentrated space is located in the central portion of the site and is connected via
sidewalk, pedestrian trails, and the traffic control/pedestrian crossing enhancement on
Road A.
To ensure quality of open space appurtenances and trail materials, staff recommends
as a condition of approval, the applicant submit a final open space plan with the civil
construction permit application that provides detailed landscaping plans, detail sheets
of playground, exercise equipment, seating, tables, fencing, view stations, and other
street furniture, trail and gathering space surface materials, and final square footage
calculations of each open space area. The final open space plan shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
As the subject property slopes downward toward Lincoln Ave NE and there are limited
retaining walls on the site, it is unclear how the slopes would affect the usability of
active and passive open spaces. Therefore staff recommends, as a condition of
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 28 of 54
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approval, the applicant submit cross sections with the final open space plan of each
open space area that includes slope percentage calculations. Terracing with limited
height retaining walls may be required to obtain level grades if it is determined by the
Current Planning Project Manager as an optimal alternative to steeper grades in the
open space areas. The cross sections, slope calculations, and if needed, terraced
retaining walls shall be reviewed and approved by the Current Planning Project
Manager prior to civil construction permit issuance.
Standard: Required landscaping, driveways, parking, or other vehicular use areas shall
not be counted toward the common space requirement or be located in dedicated
outdoor recreation or common use areas.
Staff Comment: As shown on the preliminary open space plan, open space areas are
exclusive of required landscaping, driveways, and parking areas. The vault access road
is the exception however the vehicle use would be limited to emergency vehicle access
and vault maintenance, both of which would be rare circumstances.
Standard: Required yard setback areas shall not count toward outdoor recreation and
common space unless such areas are developed as private or semi-private (from
abutting or adjacent properties) courtyards, plazas or passive use areas containing
landscaping and fencing sufficient to create a fully usable area accessible to all
residents of the development.
Staff Comment: As shown on the preliminary open space plan, open space areas are
exclusive of required yard setbacks.
Standard: Private decks, balconies, and private ground floor open space shall not
count toward the common space/recreation area requirement.
Staff Comment: As shown on the preliminary open space plan, open space areas are
exclusive of private decks, balconies, and private ground floor open spaces.
Standard: Other required landscaping, and sensitive area buffers without common
access links, such as pedestrian trails, shall not be included toward the required
recreation and common space requirement.
Staff Comment: As shown on the preliminary open space plan, open space areas are
exclusive of required landscaping and sensitive area buffers.
N/A
Standard: All buildings and developments with over thirty thousand (30,000) square
feet of nonresidential uses (excludes parking garage floorplate areas) shall provide
pedestrian-oriented space according to the following formula:
1% of the lot area + 1% of the building area = Minimum amount of pedestrian-oriented
space.
Staff Comment: No nonresidential uses are proposed.
Standard: The location of public open space shall be considered in relation to building
orientation, sun and light exposure, and local micro-climatic conditions.
Staff Comment: The proposed open space areas would have sun and light exposure as
the design of the site steps-down the hillside and setback from proposed homes limiting
shade and shadow impacts.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 29 of 54
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N/A
Standard: Common space areas in mixed use residential and attached residential
projects should be centrally located so they are near a majority of dwelling units,
accessible and usable to residents, and visible from surrounding units.
Staff Comment: Not applicable as the PUD would be comprised of single-family
residential detached dwellings.
Standard: Common space areas should be located to take advantage of surrounding
features such as building entrances, significant landscaping, unique topography or
architecture, and solar exposure.
Staff Comment: Common open space areas are spread throughout the site and
connected via sidewalk or pedestrian pathway. Areas step-down along with the site
design and topography providing view of Lake Washington and Olympic Mountains.
N/A
Standard: In mixed use residential and attached residential projects children’s play
space should be centrally located, visible from the dwellings, and away from hazardous
areas like garbage dumpsters, drainage facilities, streets, and parking areas.
Staff Comment: Not applicable. The proposed PUD is a single-family residential
subdivision.
b. Private Open Space: Each residential unit in a planned urban development shall have usable
private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use
of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have
private open space which is contiguous to the unit.
Standard: Each residential unit in a planned urban development shall have usable
private open space (in addition to parking, storage space, lobbies, and corridors) for the
exclusive use of the occupants of that unit.
Staff Comment: Each unit contains a private yard and porch spaces on the ground floor.
Several home models contain upper level decks.
Compliant if
condition of
approval is
met
Modified
per the PUD
Regulations
Standard: The private open space shall be well demarcated and at least fifteen feet
(15') in every dimension (decks on upper floors can substitute for the required private
open space). The minimum dimensional standards of this Section may be modified
through the planned urban development review process; provided, that the minimum
area requirement is maintained
Staff Comment: The preliminary private open space plan (Exhibit 37) provides plan
view, measurements, and calculations of private open spaces for each of the site’s
proposed lots. Lots 6-29, 40, 42, and 48-55 (after complying with condition #2) meet
the minimum dimensional standards. Deficiencies in dimensional standards include
Lots 1-5, 30-39, and 42-47 however each of these lots contains the minimum area
requirement. Dimensional shortages for Lots 1-5 are nominal with private open spaces
ranging from 417 square feet to 666 square feet. Lots 30-39 and 42-47 contain yard
spaces between 335 square feet and 488 square feet, but also include second and third
story decks that expand exterior private space. Staff supports the modification to the
private open space dimensional requirements for the lots noted above as a majority of
the proposed lots comply with the standard, the total minimum open space is provided
for each lot to be modified, and those lots with smaller dimensioned ground floor
spaces (Lots 30-39 and 42-47) would have second and third story decks providing
additional exterior spaces.
City of Renton Department of Community & Economic Development
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Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 30 of 54
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It is unclear from the landscaping plan (Exhibit 5) how each lot will demarcate their
respective private ground floor spaces. Therefore staff recommends, as a condition of
approval, the applicant submit a revised private open space plan with the civil
construction permit application that provides defined edges for each of the lots ground
floor private open spaces. Demarcations can include landscaping, low level fencing,
hardscapes, and/or other features approved by the Current Planning Project Manager.
The revised private open space plan shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
N/A
Standard: For dwelling units which are exclusively upper story units, there shall be deck
areas totaling at least sixty (60) square feet in size with no dimension less than five feet
(5').
Staff Comment: Not applicable.
c. Installation and Maintenance of Common Open Space:
Compliance
not yet
determined
Standard: All common facilities not dedicated to the City shall be permanently
maintained by the planned urban development owner, if there is only one owner, or by
the property owners’ association, or the agent(s) thereof. In the event that such facilities
are not maintained in a responsible manner, as determined by the City, the City shall
have the right to provide for the maintenance thereof and bill the owner or property
owners’ association accordingly. Such bill, if unpaid, shall become a lien against each
individual property.
d. Installation and Maintenance of Common Facilities:
Compliance
not yet
determined
Standard: Prior to the issuance of any occupancy permits, all common facilities,
including but not limited to utilities, storm drainage, streets, recreation facilities, etc.,
shall be completed by the developer or, if deferred by the Administrator, assured
through a security device to the City equal to the provisions of RMC 4-9-060, except for
such common facilities that are intended to serve only future phases of a planned urban
development. Any common facilities that are intended to serve both the present and
future phases of a planned urban development shall be installed or secured with a
security instrument as specified above before occupancy of the earliest phase that will
be served. At the time of such security and deferral, the City shall determine what
portion of the costs of improvements is attributable to each phase of a planned urban
development.
Compliance
not yet
determined
Standard: All common facilities not dedicated to the City shall be permanently
maintained by the planned urban development owner, if there is only one owner, or by
the property owners’ association, or the agent(s) thereof. In the event that such facilities
are not maintained in a responsible manner, as determined by the City, the City shall
have the right to provide for the maintenance thereof and bill the owner or property
owners’ association accordingly. Such bill, if unpaid, shall become a lien against each
individual property.
23. Design Standards: Residential Design and Open Space Standards (RMC 4-2-115) are applicable in the R-4,
R-6, R-8 zone. The Standards implement policies established in the Land Use Element of the Comprehensive
Plan. Compliance with Site Design Standards must be demonstrated prior to approval of the subdivision.
Compliance with Residential Design Standards would be verified prior to issuance of the building permit
for the new single-family homes. The proposal is consistent with the following design standards, unless
noted otherwise:
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 31 of 54
SR_HEX_Canopy-PUD_LUA19000223
Compliance R-8 Design Standards and Analysis
Lot Configuration: One of the following is required of preliminary plat applications:
1. Lot width variation of 10 feet (10’) minimum of one per four (4) abutting street-
fronting lots, or
2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross square
feet size difference) for street-fronting lots, or
3. A front yard setback variation of at least five feet (5’) minimum for at least
every four (4) abutting street fronting lots.
Staff Comment: There are a minimum of four (4) lot sizes with 400 gross square feet of
size difference on the street fronting (Road A) lots. As shown on the preliminary plat
(Exhibit 4), lots within the subdivision meeting the 400 square size difference include
sizes of 2,555sf, 2,956sf, 3,604sf, and 4,062 sf.
Lots shall be configured to achieve both of the following:
1. The location of stormwater infiltration LID facilities is optimized, consistent
with the Surface Water Design Manual. Building and property line setbacks are
specified in the Surface Water Design Manual for infiltration facilities.
2. Soils with good infiltration potential for stormwater management are
preserved to the maximum extent practicable as defined by the Surface Water
Design Manual.
Staff Comment: Stormwater infiltration may be limited due to slopes and soil structure.
Lots do have yard areas capable of infiltration. The final Technical Information Report
(TIR) submitted with the civil construction permit is required to analyze whether Low
Impact Design (LID) facilities can be utilized.
Garages: If an attached garage is wider than twenty six feet (26’), at least one (1) garage
door shall be recessed a minimum of four feet (4’) from the other garage door.
Additionally, one of the following is required:
1. The front porch projects in front of the garage a minimum of five feet (5’),
and is a minimum of twelve feet (12’) wide, or
2. The roof extends at least five feet (5') (not including eaves) beyond the
front of the garage for at least the width of the garage plus the porch/stoop
area, or
3. The garage is alley accessed, or
4. The garage entry does not face a public and/or private street or an access
easement, or
5. The garage width represents no greater than fifty percent (50%) of the
width of the front facade at ground level, or
6. The garage is detached, or
7. The garage doors contain a minimum of thirty percent (30%) glazing,
architectural detailing (e.g. trim and hardware), and are recessed from the
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 32 of 54
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front façade a minimum of five feet (5’), and from the front porch a
minimum of seven feet (7’).
Staff Comment: With the exception of Lots 30-40, garages would be alley accessed. As
shown on floor plans (Exhibit 33), Lots 30-40 would have decks and/or living area
extending over the garage a minimum of five (5) feet.
Primary Entry: The entry shall include a porch or stoop with a minimum depth of five
feet (5') and minimum height of twelve inches (12") above grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route may be
taken from a front driveway.
Staff Comment: As shown on the floor plans (Exhibit 33), all proposed homes would
have a porch a minimum of five (5) feet in depth as shown on the elevation plans (Exhibit
34).
Modified per
the PUD
Regulations
Facade Modulation: One of the following is required:
1. An offset of at least one story that is at least ten feet (10') wide and two feet
(2') in depth on facades visible from the street, or
2. At least two feet (2') offset of second story from first story on one street facing
facade.
Staff Comment: Proposed homes on Lots 7-26 would appear to be one-story from Road
A due to grade of slope. Remaining street front homes contain massing breakdowns,
varied roof forms, and color/material variations. Modulations are provided on homes
however they would not meet the prescriptive standard. Staff supports a modification
to the façade modulation standards as the noted variations provide a commensurate
level of massing breakdown as the standard.
Modified per
the PUD
Regulations
Windows and Doors: Windows and doors shall constitute twenty-five percent (25%) of
all facades facing street frontage or public spaces.
Staff Comment: As shown on the elevation plans (Exhibit 34), windows and doors meet
the 25-percent façade standard along street frontages. Side elevations abutting open
space tracts B, F, J, K, and the hammerhead turnaround in Tract C likely do not meet the
standard, however the side elevations do contain larger expanses of glazing as
compared to typical production homes. Staff would support modifications to these side
facades with the future building permits for these homes on Lots 1,7,16,17,29,30,40,
and 55 with detailed elevation plans that include glazing calculations, material
variations, landscaping, and/or other treatments as approved by the Current Planning
Project Manager
Scale, Bulk, and Character: A variety of elevations and models that demonstrate a
variety of floor plans, home sizes, and character shall be used. All of the following are
required:
1. A variety of elevations and models that demonstrate a variety of home sizes,
character, and a diverse streetscape.
2. Abutting, adjacent, and diagonal houses must have differing architectural
elevations.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 33 of 54
SR_HEX_Canopy-PUD_LUA19000223
Staff Comment: As shown on the colored rendering (Exhibit 22), architectural
streetscape (Exhibit 23), and floor plans (Exhibit 33), there contains a wide variety of
elevations, models, appearance of home size, and unique and varied architecture.
Homes along the street vary between one, two, and three stories due to the slope of the
site. Abutting, adjacent, and diagonal homes would contain differing architectural
elevations.
Roofs: A variety of roof forms appropriate to the style of the home shall be used.
Staff Comment: The proposed homes as shown in the architectural streetscape (Exhibit
23) provide a variety of roof forms including gable, shed, and butterfly
Modified per
the PUD
Regulations
and
Compliance
not yet
demonstrated
Eaves: Both of the following are required:
1. Eaves projecting from the roof of the entire building at least twelve inches
(12") with horizontal fascia or fascia gutter at least five inches (5") deep on
the face of all eaves, and
2. Rakes on gable ends must extend a minimum of two inches (2") from the
surface of exterior siding materials.
Staff Comment: Eaves on homes project a minimum of 12-inches with the exception of
the single gable roof models. These homes contain a wide fascia board on the gable
rake that extends down the exterior sides of the façade as an architectural feature. Staff
finds the feature adds architectural interest to the homes and supports a modification
to the eave projection standard for these homes. The extension of rakes on gable ends
would be verified during building permit review.
Modified per
the PUD
Regulations
and Compliant
if Condition of
approval is
met
Architectural Detailing: If one siding material is used on any side of the dwelling that is
two stories or greater in height, a horizontal band that measures at least eight inches
(8") is required between the first and second story.
Additionally, one of the following is required:
1. Three and one half inch (3 1/2") minimum trim surrounds all windows and
details all doors, or
2. A combination of shutters and three and one half inches (3 1/2") minimum
trim details all windows, and three and one half inches (3 1/2") minimum
trim details all doors.
Staff Comment: The applicant has requested to modify the trim standards at openings
located within panel siding and/or the cedar accent siding called out on the colored
elevations (Exhibit 24) to achieve a contemporary detail to the homes. Staff supports
this modification as the lack of trim does not result in a loss of architectural interest in
the homes. Trim would be provided on openings with containing standard lap siding.
As shown on the elevation plans (Exhibit 34), several home models contain only lap
siding on side elevations, therefore staff recommends the applicant submit revised
home elevations for Plans 2550, 2553, and 2054 with the building permit applications
that provides a horizontal band on side elevations between stories or provides a
material variation in addition to lap siding. The revised elevations shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 34 of 54
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Compliant if
condition of
approval is
met
Materials and Color: For subdivisions and short plats, abutting homes shall be of
differing color. Color palettes for all new dwellings, coded to the home elevations, shall
be submitted for approval.
Additionally, one of the following is required:
1. A minimum of two (2) colors is used on the home (body with different color
trim is acceptable), or
2. A minimum of two (2) differing siding materials (horizontal siding and shingles,
siding and masonry or masonry-like material, etc.) is used on the home. One
alternative siding material must comprise a minimum of thirty percent (30%)
of the street facing facade. If masonry siding is used, it shall wrap the corners
no less than twenty four inches (24").
Staff Comment: As shown on the architectural streetscape plan (Exhibit 22), the color
palettes are varied throughout the subdivision with the exception of a repetitive grey
used on Lots 3 and 4; Lots 11-13; Lots 15 and 16; and Lots 49 and 50. Therefore staff
recommends, as a condition of approval, the applicant submit a revised architectural
streetscape plan and revised building elevations with the applicable building permit
applications that revises color pallets related to the substantial use of modern grey on
Lots 3, 4, 11, 12, 13, 15, 16, 49, and 50 to ensure the abutting homes contain a differing
color. The revised streetscape plan and building elevations shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
24. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas
Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions
of approval are met:
Compliance Critical Areas Analysis
See also FOF
26 Critical
Areas
Variance
Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or
independent review, conditions of approval for developments may include buffers
and/or setbacks from buffers. A standard 15-foot building setback is required for all
structures from Protected Slope areas.
A 50-foot buffer and 15-foot building setback are required from Protected Slopes and
Very High Landslide Hazard Areas.
Staff Comment: The applicant’s geotechnical report prepared by Terra Associates,
dated May 18, 2020 (Exhibit 16) finds the subject property qualifies as a High Erosion
Hazard Area and the soils over most of the site would have a moderate to severe
potential for erosion when exposed. The site also contains High Landslide Hazard and
Sensitive Slopes. Additionally, there are localized Protected Slopes located on the
southeast and central west portions of the subject site and the site. The SEPA Threshold
Determination (Exhibit 1) included five (5) mitigation measures related to the site’s
geologically hazardous areas. Secondary review of the applicant’s geotechnical work
and grading and retaining wall plans (Exhibit 20) was conducted. No buffers or setbacks
were recommended by the applicant’s geotechnical engineer or the City’s contracted
secondary reviewer. Overall, the geotechnical reviews found the slope stability analysis
on the site concluded there was not a risk of deep-seated failure and the site could be
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 35 of 54
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developed as proposed as the post construction factors of safety exceeded the
minimum standards.
The protected slope areas delineated in the applicant’s geotechnical report are located
in areas where the applicant has proposed improvements. This area includes the
eastern portions of Lots 30-35 and an area located on the northeastern portion of Alley
3. The applicant’s proposed encroachments would require a critical areas variance,
which is analyzed in FOF 26.
Compliant if
condition of
approval is
met
Streams: The following buffer requirements are applicable to streams in accordance
with RMC 4-3-050.G.2: Type F streams require a 115-foot buffer, Type Np streams
require a 75-foot buffer, and Type Ns streams require a 50-foot buffer. An additional
15-foot building setback is required from the edge of all stream buffer areas.
Staff Comment: The applicant’s Critical Areas Study and Conceptual Mitigation Plan
prepared by Wetland Resources dated July 9, 2018 (Exhibit 17) identified a non-fish
perennial (Np) stream traversing (identified as Stream S) through the northeastern
portion of the property. A comment letter from the Muckleshoot Indian Tribe (Exhibit
31) disputes the applicant’s Np rating and stated the stream needed to be reevaluated
as it was potentially fish-bearing based on a Type F rating further downstream. The
applicant’s stream/wetland consultant agreed that the downstream offsite portion of
the stream should be Type F consistent with the City’s Critical Areas mapping, however
the upstream areas on the subject property contain gradients in excess of 20-percent
for approximately 195-feet of horizontal distance thereby meeting the natural fish
barrier criteria. The applicant confirmed this data in the Critical Areas Study with the
region’s Washington Department of Fish and Wildlife Biologist (Exhibit 38) and City staff
agrees the stream rating on the subject property is Np.
The City’s Critical Areas Regulations allow reduced buffer widths of 60-feet or averaged
buffer widths of 37.5-feet. The applicant has proposed stream buffer width averaging
for Stream S to accommodate Lots 48 and 49 and the grading needed to construct Road
A. As provided in the conceptual mitigation plan component of the critical areas study
(Exhibit 17), the applicant proposes buffer reduction that would total 2,635sf resulting
in a minimum buffer width of 52-feet with a buffer addition area of 2,695 square feet
east of the reduction area.
Stream buffer width averaging may be allowed only where the applicant demonstrates
all of the following criteria set forth in RMC 4-3-050I.2.b:
a) There are existing physical improvements in or near the water body and
associated riparian area.
Applicant response: An existing dam and multiple downstream culverts are
located within Stream S, downstream of the subject site. In addition, multiple
disturbances are present within the buffer of the stream, including: maintained
landscaping, structures, roads and driveway. The dam and culverts within the
stream channel as well and the disturbances within the buffer represent
existing physical improvement within the waterbody
b) Buffer width averaging will result in no net loss of stream/lake/riparian
ecological function.
Applicant response: the proposed stream buffer averaging plan will result in a
60 square foot net gain of buffer area and will include enhancement of 6,788
square feet of buffer. The proposed plan will improve the functions and values
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 36 of 54
SR_HEX_Canopy-PUD_LUA19000223
of the stream buffer because over time, the buffer area currently overrun by
Himalayan blackberry, grasses, and road grade will progress to a native scrub-
shrub and eventually forested condition. The installed enhancement plantings
will provide replacement forage and cover opportunities for wildlife, as well as
protection from erosion, and sequestration of excess sediments and nutrients.
Furthermore, a structurally diverse plant community will slow the rate of
overland flow.
c) The total area contained within the buffer after averaging is no less than that
contained within the required standard buffer width prior to averaging.
Applicant response: The proposed stream buffer width averaging plan will
result in a net gain of 60 square feet of wetland buffer area.
d) The proposed buffer standard is based on consideration of the best available
science as described in WAC 365-195-905.
Applicant response: Best available science indicates that the functions
provided by wetland and stream buffers are: removing sediment, excess
nutrients, and toxics from surface water, influencing the microclimate,
maintaining adjacent habitat critical for the life needs of many species that use
wetlands, screening adjacent disturbances, and maintaining habitat
connectivity (Sheldon, et al. 2005).
Stream S is a Type Np stream that lacks fish habitat. As such the buffer area
surrounding Stream S is not critical in providing resources for salmonids/fish.
However, Stream S does contribute to Lake Washington (which contains
salmonids) downstream, thus maintaining this features water quality
contributes to health of aquatic life downstream.
Given the increase of 60 square feet in overall buffer area, in combination with
the limited reduction in overall width (the buffer width will be reduced by a
maximum of 23 feet), and the associated stream buffer enhancement (see
response to 4-3-050(I)(2)(b)(v) below), the proposed buffer width averaging
plan is expected to deliver a modest lift in the functions and values of the on-
site buffer. In addition, buffer width averaging of Stream S, in combination with
Wetland D buffer width averaging, will result in habitat connectivity between
Stream S, Wetland C, and Wetland D, which previously did not exist. This
habitat connectivity is to be protected in perpetuity.
e) Where the buffer width is reduced by averaging pursuant to this subsection,
buffer enhancement shall be required.
Applicant response: The applicant will enhance 6,788 square feet of stream
buffer that is currently composed of Himalayan blackberry and an old road
grade (covered by grasses). Enhancement will involve removing all
invasive/non-native species from this area, soil decompaction and amendment
as necessary, and the planting of native trees and shrubs.
Staff Comment:
Staff finds the applicant has met the criteria for approval for an averaged stream buffer.
Staff also finds the Muckleshoot Indian Tribe’s recommendation of adding Large Woody
Debris in and around the Ordinary High Water Mark of Stream S (Exhibit 31)
appropriate, therefore staff recommends, as a condition of approval, the applicant
submit a standalone Final Mitigation, Maintenance, and Monitoring Plan for the
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 37 of 54
SR_HEX_Canopy-PUD_LUA19000223
Stream Buffer Averaging of Stream ‘S’ with the civil construction permit application.
The plan shall include all applicable items set forth in RMC 4-3-050L and 4-8-120D.19
with a monitoring period of five (5) years. The plan shall also provide recommendations
for placing large woody debris in and around the Ordinary High Water Mark of Stream
‘S’ from any tree measuring four (4) inches in diameter that is removed within 200-feet
of the stream. The plan shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
Compliant if
condition of
approval is
met
Wetlands: The following buffer requirements are applicable to wetlands in accordance
with RMC 4-3-050.G.2:
Wetland
Category Buffer Width
Structure
Setback beyond
buffer
High
Habitat
Function
(8-9 points)
Moderate
Habitat
Function
(5-7 points)
Low Habitat
Function
(3-4 points)
All
Other
Scores
15 ft.
Category I –
Bogs & Natural
Heritage
Wetlands
200 ft.
Category I – All
Others 200 ft. 150 ft. 115 ft. 115 ft.
Category II 175 ft. 150 ft. 100 ft. n/a
Category III 125 ft. 100 ft. 75 ft. n/a
Category IV 50 ft. n/a
Staff Comment: The applicant’s Critical Areas Study and Conceptual Mitigation Plan
prepared by Wetland Resources dated July 9, 2018 (Exhibit 17) identified four (4)
Category IV wetlands identified as Wetlands A through D; two (2) wetlands on the
northwestern portion of the property, A and B; and two (2) wetlands on the
northeastern portion of the property, C and D. The applicant has proposed to fill and
permanently impact Wetland A, buffer reduction with enhancement on Wetland B,
and buffer averaging for Wetlands B and D. No impacts are proposed for Wetland C as
proposed construction would occur outside of the 50-foot buffer and 15-foot structure
setback. Recommended conditions of approval related to wetland and buffer impacts
are consolidated at the end of the Wetlands section. Analysis of impacts and
decisional criteria for each wetland is below:
Wetland A: Wetland A is a slope wetland located in the northwestern corner of the
subject property. The wetland is rated as a Category IV with low wildlife function. The
applicant proposes to fill the 1,585 square foot wetland to accommodate the
stormwater detention vault (Vault 2) in Tract A and a small portion of the new
sidewalk as part of the Lincoln Ave NE frontage improvements. The applicant proposes
onsite mitigation for the permanent impacts to Wetland A.
Wetland alterations may only be authorized after the City makes a written finding
that the proposal is consistent with the following criteria set forth in RMC 4-3-050J.4
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 38 of 54
SR_HEX_Canopy-PUD_LUA19000223
a) No Net Loss: Activities that adversely affect wetlands and/or wetland buffers
shall include mitigation sufficient to achieve no net loss of wetland function
and acreage and to achieve, where practicable, a net resource gain in
wetlands over present conditions. The concept of “no net loss” means to
create, restore and/or enhance a wetland so that there is no reduction to total
wetland acreage and/or function.
Applicant Response: Mitigation for the fill of Wetland A will be provided
through on-site wetland enhancement of Wetlands B and D, provided at a 3:1
mitigation to impact ratio. The proposed wetland enhancement plan will
increase diversity and density of native plants within Wetlands B and D, while
providing increased opportunities for wildlife habitat. The proposed
enhancement plan will allow the remaining on-site wetlands and buffer area
to provide a greater level of functions and values post development than they
currently provide.
b) Compensation for wetland alterations shall occur in the following order of
preference:
i. Re-establishing wetlands on upland sites that were formerly
wetlands.
Applicant Response: Based on publicly available resources, aerial
imagery, and the site investigations, it does not appear that the
subject property contains upland area that was formerly wetland.
ii. Rehabilitating wetlands for the purposes of repairing or restoring
natural and/or historic functions.
Applicant Response: Based on publicly available resources, aerial
imagery, and the site investigations, it does not appear that
rehabilitation to natural and/or historic functions applies to wetlands
on-site.
iii. Creating wetlands on disturbed upland sites such as those consisting
primarily of nonnative, invasive plant species.
Applicant Response: The majority of the subject property is situated
on a slope; thus, it would be difficult for wetland creation to be
successful due to hydrologic input requirements.
iv. Enhancing significantly degraded wetlands.
Applicant Response: Wetlands B and D can be enhanced, as they are
composed of a mix of native and non-native species, including
Himalayan blackberry (Rubus armeniacus), English ivy (Hedera helix),
and reed canarygrass (Phalaris arundinacea).
v. Preserving Category I or II wetlands that are under imminent threat;
provided, that preservation shall only be allowed in combination with
other forms of mitigation and when the Administrator determines
that the overall mitigation package fully replaces the functions and
values lost due to development.
Applicant Response: No Category I or II wetlands exist on-site. The
on-site wetlands (Wetlands A-D) are Category IV wetlands.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 39 of 54
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vi. Cooperative compensation to mitigation banks or in-lieu fee
programs.
Applicant Response: Not applicable. Compensatory mitigation for the
proposed impacts will be provided on-site via the enhancement of
Wetlands B and D.
c) Mitigation Ratios for Wetland Impacts: Compensatory mitigation for wetland
alterations shall be based on the wetland category and the type of mitigation
activity proposed.
Staff Response: The applicant proposes enhancement of Wetlands B and D at
a 3:1 ratio.
d) Mitigation Ratios for Wetland Buffer Impacts: Compensation for wetland
buffer impacts shall occur at a minimum one to one (1:1) ratio. Compensatory
mitigation for buffer impacts shall include enhancement of degraded buffers
by planting native species, removing structures and impervious surfaces
within buffers, and other measures.
Staff Response: Not applicable
e) Special Requirements for Mitigation Banks: Mitigation banks shall not be
subject to the replacement ratios outlined in the replacement ratio table
above, but shall be determined as part of the mitigation banking agreement
and certification process.
Staff Response: Not applicable
f) Buffer Requirements for Replacement Wetlands: Replacement wetlands
established pursuant to these mitigation provisions shall have adequate
buffers to ensure their protection and sustainability.
Staff Response: Not applicable.
g) Location: Compensatory mitigation shall be provided on site or off site in the
location that will provide the greatest ecological benefit and have the
greatest likelihood of success. Mitigation shall occur as close as possible to the
impact area, within the same watershed sub-basin, and in a similar habitat
type as the permitted alteration unless the applicant demonstrates to the
satisfaction of the Administrator through a watershed- or landscaped-based
analysis that mitigation within an alternative sub-basin of the same
watershed would have greater ecological benefit.
Staff Response: Mitigation would occur onsite. The enhancement of Wetlands
B and D would provide long-term benefits as they would be located within
native growth protection area tracts removing any future development
potential.
h) Protection: All mitigation areas whether on or off site shall be permanently
protected and managed to prevent degradation and ensure protection of
critical area functions and values into perpetuity. Permanent protection shall
be achieved through protective covenant
Staff Response: The enhanced wetlands would be located in tracts within the
subdivision. Plat notes would remove any potential development from the site
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 40 of 54
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and require City permission of any proposed maintenance work after the
expiration of the monitoring period.
Staff finds the applicant’s conceptual mitigation plan is consistent with the wetland
alteration criteria as it relates to permanent impacts to Wetland A.
Mitigation Sequencing for proposed alterations to Wetland A. If alterations to critical
areas are proposed for a non-exempt activity, the applicant shall evaluate alternative
methods of developing the property using the following criteria in this order and
provide reasons why a less intrusive method of development is not feasible. In
determining whether to grant permit approval pursuant to RMC 4-3-050C, a
determination shall be made as to whether the feasibility of less intrusive methods of
development has been adequately evaluated and that less intrusive methods of
development are not feasible.
a) Avoiding the impact altogether by not taking a certain action or parts of an
action (usually by either finding another site or changing the location on the
site).
Applicant Response: Required frontage improvements create the need to fill
of 797 square feet of Wetland A, which is approximately 50 percent of the
wetland. Based on site restrictions, including frontage improvements, access,
on-site wetlands and streams, and topography, the northwest corner of the
site is most suitable to locate stormwater facilities. Given this, the applicant is
proposing to fill the entirety of Wetland A (1,585 square feet).
b) Minimizing adverse impacts by limiting the magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative
steps, such as project redesign, relocation, or timing, to avoid or reduce
impacts.
Applicant Response: Other than the proposed permanent impacts to Wetland
A and minor impacts to Wetland B (both to be mitigated for on-site), no other
impacts to wetland areas on-site are proposed.
c) Rectifying adverse impacts to wetlands, Wellhead Protection Areas, flood
hazard areas, and habitat conservation areas by repairing, rehabilitating, or
restoring the affected environment to the historical conditions or the
conditions existing at the time of the initiation of the project.
Applicant Response: Mitigation for the fill of Wetland A will be provided
through on-site wetland enhancement, provided at a 3:1 mitigation to impact
ratio.
d) Minimizing or eliminating the hazard by restoring or stabilizing the hazard
area through engineered or other methods.
Applicant Response: Best Management Practices (BMPs), and temporary
erosion and sediment control (TESC) plans, and retaining walls will be utilized
to minimize the risks associated with steep slope hazard areas on-site.
e) Reducing or eliminating the adverse impacts or hazard over time by
preservation and maintenance operations over the life of the action.
Applicant Response: Same as (d) above.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 41 of 54
SR_HEX_Canopy-PUD_LUA19000223
f) Compensating for adverse impacts to wetlands, Wellhead Protection Areas,
flood hazard areas, and habitat conservation areas by replacing, enhancing,
or providing substitute resources or environments.
Applicant Response: Same as (c) above.
g) Monitoring the hazard or other required mitigation and taking remedial
action when necessary.
Applicant Response: Not applicable.
Staff Response: The applicant would be required to monitor the mitigation to
Wetlands B and D for five (5) years with a success rate consistent with the
approved final mitigation plan.
Staff finds the applicant’s proposal to permanently impact Wetland A is needed to
construct public street frontage improvements and its location for a storm vault is at
the elevation to provide the required flow control standard, therefore a less intrusive
methods of development are not feasible.
Wetland B: Wetland B is a slope wetland located in the west-central portion of the
subject property. The wetland is rated as a Category IV with low wildlife function. The
applicant proposes to average the buffer of Wetland B to accommodate Lot 7. The
buffer reduction would total 1,032 resulting in a minimum buffer width of 37.5 feet. A
buffer addition area of 1,092 square feet is proposed southeast of the reduction area.
Wetland D: Wetland D is a Paulstrine and Scrub-Shrub wetland located in the east-
central portion of the subject property. The wetland is rated as a Category IV with a
low wildlife function. The applicant proposes to average the buffer of Wetland D to
accommodate Lots 41 and 42. The buffer reduction would total 2,095 square feet
resulting in a minimum buffer width of 37.5-feet. A buffer addition area of 2,305
square feet is proposed north and south of the reduction area.
The Critical Areas Regulations allow wetland buffer averaging however wetland buffer
widths shall be reduced by no more than 25-percent of the required buffer, which in
the case of a Category IV Wetland would be 37.5-feet. Averaging may only be allowed
where the applicant demonstrates all of the following as set forth in RMC 4-3-
050I.3.b:
a) There are existing physical improvements in or near the wetland and buffer.
Applicant Response: Lincoln Ave NE and its associated right of way (ROW) is
located immediately adjacent to Wetland B. This maintained city road and
ROW is a clear existing physical improvement immediately adjacent to the
wetland.
Staff Response: Additionally, there are utilities and overhead power lines in
and around Wetland D as identified in the survey (Exhibit 2)
b) That width averaging will not adversely impact the wetland function and
values.
Applicant Response: The buffer reduction areas of Wetlands B and D are
composed of forested and scrub-shrub vegetation. Similarly, the areas
proposed for buffer addition are also composed of forested and scrub-shrub
vegetation. Therefore, direct compensation of functions and values will be
addressed by providing additional buffer of a similar composition to the
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reduction areas at a 1:1 buffer addition to reduction ratio. No impacts to
existing functions and values of the wetland areas are expected to occur
because of the proposed buffer averaging activity.
c) That the total area contained within the wetland buffer after averaging is no
less than that contained within the required standard buffer prior to
averaging.
Applicant Response: The wetland buffer width averaging plan would result in
a net gain of 270 square feet of wetland buffer area.
d) A site-specific evaluation and documentation of buffer adequacy based upon
Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology
Publication No. 05-06-006, March 2005) and Wetlands in Washington State,
Volume 2: Managing and Protecting Wetlands (Ecology Publication No. 04-06-
008, April 2005), or similar approaches have been conducted. The proposed
buffer standard is based on consideration of the best available science as
described in WAC 365-195-905.
Applicant Response: Best available science indicates that the functions
provided by wetland and stream buffers are: removing sediment, excess
nutrients, and toxics from surface water, influencing the microclimate,
maintaining adjacent habitat critical for the life needs of many species that
use wetlands, screening adjacent disturbances, and maintaining habitat
connectivity (Sheldon, et al. 2005).
Considering the areas of buffer addition are of the similar species composition
to the areas of reduction and that the buffer width averaging plan will result
in a net gain of 270 square feet of buffer, the proposed buffer averaging
activity is expected to deliver a modest lift in the functions and values of the
on-site buffer. In addition, buffer width averaging of Wetland D, in
combination with Stream S buffer width averaging, will result in habitat
connectivity between Stream S, Wetland C, and Wetland D, which previously
did not exist. This habitat connectivity is to be protected in perpetuity.
e) In no instance shall the buffer width be reduced by more than seventy five
percent (75%) of the standard buffer. Greater buffer width reductions require
review as a variance pursuant to RMC 4-9-250B
Applicant Response: In no instance are the buffers of Wetlands B and D
reduced by more than 75 percent (37.5-feet) of the standard buffer (50-feet)
as a result of buffer averaging.
f) Buffer enhancement in the areas where the buffer is reduced shall be required
on a case-by-case basis where appropriate to site conditions, wetland
sensitivity, and proposed land development characteristics.
Applicant Response: Given the existing condition of the buffer, no buffer
enhancement is proposed as a part of the proposed wetland buffer width
averaging plan.
Additional Wetland Buffer Impacts – The applicant proposes a wetland buffer
reduction totaling 240 square feet along the western side of Wetland B to
accommodate a portion of the new sidewalk associated with frontage improvements
along Lincoln Ave NE. The applicant proposes to enhance 700 square feet of buffer
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area between Wetland B and the encroachment. The proposed buffer reduction would
meet the Critical Areas Buffer Exemption noted in RMC 4-3-050C.3.e.ii.
The applicant also proposes new pedestrian trails located in wetlands and their
buffers. New trails would also meet the Critical Areas Buffer Exemption noted in RMC
4-3-050C.3.e.ii.
Staff finds the applicant has met decisional criteria for wetland alteration and wetland
buffer averaging. Therefore staff recommends, as a condition of approval, the
applicant submit a standalone final Wetland Mitigation, Maintenance, and
Monitoring Plan for Wetland B and D with the civil construction permit application.
The plan shall include all applicable items set forth in RMC 4-3-050L and 4-8-120D.23
with a monitoring period of five (5) years or timeline as set forth by any required State
and/or Federal permit. Permanent wetland impacts shall not occur to Wetland A until
such time any required State and/or Federal permits and/or approvals are issued. The
final plan and evidence of required State and/or Federal permits and/or approvals
shall be reviewed and approved by the Current Planning Project Manager prior to
issuance.
Staff also recommends as a condition of approval, the applicant submit a consolidated
Critical Areas Exemption request for proposed onsite and offsite pedestrian trails that
would encroach into wetlands, wetland buffers, and geologically hazardous areas. The
Critical Areas Exemption shall be reviewed and issued prior to or concurrent with civil
construction permit issuance.
25. Compliance with Subdivision Regulations: RMC 4-7 Provides review criteria for the subdivisions. The
proposal is consistent with the following subdivision regulations if all conditions of approval are met:
Compliance Subdivision Regulations and Analysis
Access: Each lot must have access to a public street or road. Access may be by a shared
driveway per the requirements of the street standards.
The maximum width of single loaded garage driveways shall not exceed nine feet (9')
and double loaded garage driveways shall not exceed sixteen feet (16').
Staff Comment: As shown on the preliminary plat (Exhibit 4), all lots would have access
to the newly constructed public spine street through the site noted as ‘Road A’. With
the exception of Lots 30-40, the proposed residences would have vehicle access to Road
A from Alleys 1-3. Lots 30-40 would contain direct vehicle access via shared 16-foot wide
driveways (Lot 40 would have an individual 16-foot wide driveway).
Blocks: Blocks shall be deep enough to allow two tiers of lots.
Staff Comment: Road A contains two (2) facing block fronts and on the north side of
the subject property an additional tier of lots (Lots 1-6 and Lots 41-47) would be
constructed.
Modified via
the PUD
Regulations
Lots: 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. 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
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be a minimum of thirty five feet (35'). No residentially zoned lot shall have a depth-to-
width ratio greater than four-to-one (4:1).
Staff Comment: The applicant has proposed to modify the size and dimensions of the
lots utilizing the PUD regulations. The site is designed similar to a cluster subdivision
with smaller lots and providing expansive open space areas. Modified lot sizes and
dimensions are noted in FOF 19 Zoning and Development Standards: Lot Dimensions.
Streets: The proposed street system shall extend and create connections between
existing streets per the Street Standards outlined in RMC 4-6-060 Street Standards.
Staff Comment: Proposed ‘Road A’ would extend from NE 40th St through the subject
property and connect to Lincoln Ave NE. The street would be constructed to the
residential access street standard width of 53-feet that would include two 10-foot wide
travel lanes, one 6-foot side parking lane, two 0.5-foot wide curbs, two 8-foot wide
planter strips with street trees, and two 5-foot wide sidewalks.
Relationship to Existing Uses: The proposed project is compatible with existing
surrounding uses.
Staff Comment: The proposed subdivision is compatible and consistent with existing
surrounding uses. The proposal would construct single-family residential dwellings at a
rate of approximately seven (7) units per net acre. Existing single-family development
is abutting to the north and west. The parcel east of the site are vacant and within the
City of Newcastle, but are zoned for single-family development.
Hillside Subdivision: The subject property contains an average slope of at least 20-
percent and therefore would be considered a hillside subdivision. The following
standards apply:
1. Application Information: Information concerning the soils, geology, drainage
patterns, and vegetation shall be presented in order to evaluate the drainage, erosion
control and slope stability for site development of the proposed plat. The applicant
must demonstrate that the development of the hillside subdivision will not result in soil
erosion and sedimentation, landslide, slippage, excess surface water runoff, increased
costs of building and maintaining roads and public facilities and increased need for
emergency relief and rescue operations.
Staff Comment: The applicant submitted geotechnical reports (Exhibits 16 and 19) and
the City’s secondary reviewer peer reviewed those reports. Additionally the applicant
submitted an arborist report (Exhibit 12). It was determined that the site could be
developed as proposed and the SEPA Determination added five (5) mitigation measures
related to geotechnical aspects of the project. The City does not anticipate an increased
cost of building and maintaining roads and public facilities and increased need for
emergency relief and rescue operations related to the proposed subdivision.
2. Grading: Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining walls.
Plans shall be consistent with requirements in RMC 4-4-060, Grading, Excavation and
Mining Regulations
Staff Comment: The applicant submitted grading plans (Exhibit 7) and retaining wall
plans (Exhibit 19) consistent with the grading, excavation, and mining regulations. The
applicant has requested modifications for retaining wall heights as part of the PUD
regulations.
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Staff Report to the Hearing Examiner
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3. Tracts: Areas of the subdivision deemed to be critical areas due to designation as
protected slopes shall be located within a tract or tracts.
Staff Comment: Protected slopes would be within native growth protection area tracts
with the exception of proposed areas of encroachment as identified in the FOF 26
Critical Areas Variance.
4. Streets:
a. Streets may only have a grade exceeding fifteen percent (15%) if approved
by the Department and the Fire Department.
Staff Comment: No proposed street grades would exceed 15-percent.
b. Street widths may be less than those required in the street standards for
streets with grades steeper than fifteen percent (15%) if parking prohibition on
one or both sides of the street is approved by the Administrator.
Staff Comment: Not applicable
5. Lots: Lots may be required to be larger than minimum lot sizes required by the
Zoning Code. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
Staff Comment: The applicant has requested to reduce the lot sizes below the minimum
R-8 standard of 5,000 square feet. The applicant has designed the project to cluster the
homes and set-aside large areas of open space and native growth protection area
tracts. The home design steps down the hillside by building the foundation into the slope
taking the grade with it instead of terracing and leveling lots.
6. Erosion Control Requirements: Any clearing or grading shall be accompanied by
erosion control measures as deemed necessary by the Department.
Staff Comment: The applicant would be required to comply with erosion control
requirements of the Renton Surface Water Design Manual and SEPA Mitigation
Measures that limits the timing of clearing and grading and requires onsite geotechnical
engineer monitoring.
26. Critical Area Variance Analysis: The subject property contains localized protected slopes on southeasten
and west-central portions of the site. The applicant has requested a critical areas variance to encroach into
the protected slopes and required setbacks to accommodate Lots 30-35 and grading activities and retaining
wall section approximately 35-feet in length to support the northern portion of Alley 3. The proposal is
compliant with the following special review variance criteria for slopes in excess of 40% pursuant to RMC
4-9-250.B.9, if all conditions of approval are met. Therefore, staff recommends approval of the requested
Critical Area Variance:
Compliance Critical Area Variance Criteria and Analysis
a. The variance granted is the minimum amount necessary to accommodate the
proposal.
Staff Comment: As shown in Figure 3 of the geotechnical report (Exhibit 16) the majority
of the protected slope and setback in and around Lots 30-35 would remain unimproved
and preserved in a native growth protection area tract. Additionally, encroachment into
the protected slope would be limited as most of the disturbance would be in the
structure setback. Lot depths have been modified and would be 70-feet instead of the
code required 80-feet, which reduces the encroachment. Encroachment into the west-
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Staff Report to the Hearing Examiner
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central area for Alley 3 is limited to a small rectangular section of the delineated slope
to support the construction and 35-foot long retaining wall section. Similarly most of
the protected slope is offsite or will be permanently placed within a native growth
protection tract for the onsite slope.
b. Alternative development concepts that comply with RMC 4-3-050 have been
evaluated and that practical difficulties and unnecessary hardship would result
from the strict application of the code
Staff Comment: The applicant has designed several iterations of the subdivision
attempting to reduce the encroachments into the protected slopes and setbacks. Lots
30-40 would have direct access onto Road A instead of alley access which reduces the
impact to the slope east of the lots. Alley 3 was reduced in width from previous designs
to lessen the encroachment into the protected slope. Due to the overall slope on the site
and limitations for road layouts, there would likely be a potential loss of lots and alley
access resulting from the strict application of the code.
Compliant if
condition of
approval is
met
c. The proposal does not adversely impact geological hazards or other critical areas
on adjacent properties
Staff Comment: The applicant’s geotechnical report (Exhibit 16) was reviewed by a City
contracted geotechnical engineer (Exhibit 20) and it was determined the site could be
constructed as proposed. However due to the applicant’s proposed changes to the
depth of Lots 30-35 on August 7, 2020 (Exhibit 41), secondary review of the change
could not be completed prior to issuance of the staff report. Therefore staff
recommends, as a condition of approval, the applicant submit revised geotechnical
report, wall design, and grading plans with the civil construction permit. The revised
report and plans shall be reviewed by the City’s secondary geotechnical reviewer with
all costs associated from the secondary review paid for in advance by the applicant. The
revised report and plans shall also be reviewed and approved by the Current Planning
Project Manager prior to permit issuance.
d. The need for the variance is not the result of actions of the applicant or property
owner.
Staff Comment: The protected slopes on the site were not created by the applicant or
property owner and no action on the property has been commenced.
e. The proposal does not create or increase a risk to the public health, safety, and
welfare, or to public or private property.
Staff Comment: The applicant’s geotechnical report, grading, and retaining wall plans
were peer reviewed for safety and constructability. The SEPA Determination contains
five (5) mitigation measures (Exhibit 1) related to the geotechnical aspects of the
proposal. The updated proposal would also be peer reviewed to ensure the public’s
health, safety, and welfare.
f. If the Administrator approves a variance under this subsection, the following
conditions of approval, among others, may be imposed:
i. The recommendations of the geotechnical report are followed;
ii. Project plans shall be reviewed and sealed by a geotechnical engineer or the
geotechnical engineer shall submit a sealed letter stating that they have
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reviewed the plans and in their opinion the plans and specifications meet the
intent of the geotechnical report; and
iii. An appropriate number of site visits by the geotechnical engineer to
establish proper methods, techniques, and adherence to plan drawings is
demonstrated during and after construction.
Staff Comment: The three (3) conditions of approval noted above were formally
adopted as mitigation measures in the SEPA Determination and are recommended as
conditions of approval in this report.
27. Infrastructure and Services: Provides utility services, emergency services, and other improvements,
existing and proposed, which are sufficient to serve the development. The proposal is compliant with the
following development standards if all conditions of approval are met and advisory note comments (Exhibit
28) are implemented:
Compliance Infrastructure and Services Analysis
Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist
to furnish services to the proposed development; subject to the condition that the
applicant provides Code required improvements and fees including but not limited to
approved fire sprinkler systems for Lots 41-47 and the vault access road is improved to
emergency access surface, width, and turnaround standards to service Lots 1-6. The
2020 Fire Impact Fees are $829.77 per new single-family residence. The fee in effect at
the time of building permit application is applicable to this project and is payable at the
time of building permit issuance.
Parks: A Park Impact Fee would be required for the future single-family residences. The
2020 Park Impact Fee is $3,945.70 per new single-family residence. The fee in effect at
the time of building permit application is applicable to this project and is payable at the
time of building permit issuance.
Schools: It is anticipated that the Renton School District can accommodate any
additional students generated by this proposal at the following schools: Hazelwood
Elementary, Risdon Middle School, and Hazen High School. New students from the
proposed development would be bussed to their schools. The stop is located
approximately 0.05 miles from the project site at Monterey Pl NE and NE 40th St.
Students would walk along the new sidewalk constructed by the applicant on Road A
and NE 40th St to the bus stop.
A School Impact Fee would be required in order to mitigate the proposal’s potential
impacts to the Renton School District. The 2020 School Impact Fee is $6,862.00 per new
multifamily residence. The fee in effect at the time of building permit application is
applicable to this project and is payable at the time of building permit issuance.
Storm Water: An adequate drainage system shall be provided for the proper drainage
of all surface water.
Staff Comment: The applicant’s Technical Information Report (TIR) prepared by Core
Design, dated April 26, 2019 (Exhibit 11) indicates existing stormwater flows generally
run from east of the property to the west towards Lincoln Ave NE. The stormwater
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Staff Report to the Hearing Examiner
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then eventually flows through a system of conveyances before discharging into Lake
Washington. The existing property does not contain stormwater facilities.
The proposal requires full drainage review under the 2017 Renton Surface Water
Design Manual (RSWDM) as the proposal will be adding more than 7,000 square feet
of new impervious surface. The Report analyzes offsite drainage and the project’s
surface water collection and distribution. A final TIR addressing items in the Advisory
Notes (Exhibit 28) will be required to be prepared and submitted with the civil
construction permit.
Based on the City’s flow control map, the site falls within the Flow Control Duration
Standard area matching Forested Site Conditions and is within the East Lake
Washington Drainage Basin. As provided in the TIR and shown in the drainage control
plans, the applicant would construct two subsurface detention vaults in Tract H (Storm
Vault 1) and Tract A (Storm Vault 2) on the northwestern portion of the property
abutting Lincoln Ave NE. Flow control Best Management Practices (BMPs) were
preliminarily analyzed in the TIR resulting in perforated pipe connections from roof
downspouts. Further BMP analysis would be required during the final TIR preparation
as indicated in the Advisory Notes. The applicant would use sediment and dead
storage underneath the live storage in Storm Vault 2 to comply with the basic water
quality treatment requirements of the City’s design manual. The treatment facility will
provide the required pollutant removal target or 80% Total Suspended Solids.
The applicant would be required to submit a final TIR with the construction permit
application that complies with the RSWDM and civil plan review comments provided in
the Advisory Notes (Exhibit 18).
Water:
Staff Comment: The western portion of the subject property is within the City’s water
service area and the eastern portion of the property is located in the Coal Creek Water
and Sewer District. As shown on the water plan (Exhibit 39), the applicant has proposed
a 12-inch water main extension in Lincoln Ave NE connecting into the required 10-inch
water main extension servicing the west side of the development. The Renton Regional
Fire Authority has determined the preliminary fire flow demand for the site would be
1,500 gallons per minute. The applicant would be required to submit a final utility plan
with the construction permit application that complies with the civil plan review
comments provided in the Advisory Notes (Exhibit 28).
Sanitary Sewer:
Staff Comment: The entire site is within the Coal Creek Water and Sewer District. The
sewer plan (Exhibit 40) indicates the applicant would install 8-inch PVC mains within
Road A, Alley 2, Alley 3, and the vault access road to service the development. A copy
of the approved sewer plans would be required prior to issuance of the civil
construction permit.
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Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
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I. CONCLUSIONS:
1. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 18.
2. The subject site is located in the Residential-8 (R-8) zoning designation and complies with the zoning and
development standards established with this designation, unless modified under the PUD, provided the
applicant complies with City Code and conditions of approval, see FOF 19.
3. The proposed Planned Urban Development and Preliminary Plat complies with the PUD Applicability
Standards provided the applicant complies with City Code and conditions of approval, see FOF 20.
4. The proposed Planned Urban Development and Preliminary Plat complies with PUD Decision Criteria,
provided the applicant complies with City Code and conditions of approval, see FOF 21.
5. The proposed Planned Urban Development and Preliminary Plat complies with PUD Development
Standards provided the applicant complies with City Code and conditions of approval, see FOF 22.
6. The proposed Planned Urban Development and Preliminary Plat complies with the Residential Design and
Open Space Standards, unless modified under the PUD, provided the applicant complies with City Code
and conditions of approval, see FOF 23.
7. The proposed Planned Urban Development and Preliminary Plat complies with the Critical Areas
Regulations provided the applicant complies with City Code and conditions of approval, see FOF 24.
8. The proposed Planned Urban Development and Preliminary Plat complies with the subdivision regulations
as established by City Code and state law, or as modified, provided the applicant complies with all advisory
notes and conditions, see FOF 25.
9. The proposed Planned Urban Development and Preliminary Plat complies with Critical Areas Variance
Criteria provided the applicant complies with City Code and conditions of approval, see FOF 26.
10. The proposed Planned Urban Development and Preliminary Plat complies with the street standards as
established by City Code, unless modified under the PUD, provided the project complies with all advisory
notes and conditions of approval contained herein, see FOF 21: Circulation.
11. There are safe walking routes to the school bus stop, see FOF 27.
12. There are adequate public services and facilities to accommodate the proposed Planned Urban
Development and Preliminary Plat, see FOF 27.
13. Key features, which are integral to this project include a cluster style subdivision containing unique
contemporary single-family architecture that steps down the hillside and provides active and passive open
spaces connected via an on and offsite system of pedestrian pathways and mid-block street
enhancements. A majority of the homes are accessed via alleys resulting in limited curb-cuts on the
internal spine road. The public benefits of offsite trails and frontage improvements in addition to the
restoration and preservation of the offsite benefit parcel are commensurate to the requested
modifications to the development standards. Retaining walls are limited due to the applicant’s design of
the single-family home’s foundations that take up much of the grade on the site. Retaining walls that are
over the six (6) foot height limitation are mainly obscured from view due as the larger sections are located
in the rear yards of the far eastern lots. Stormwater is contained in underground vaults and the surface is
designed to function as usable open space.
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Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
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J. RECOMMENDATION:
Staff recommends approval of the Canopy PUD and Preliminary Plat, File No. LUA19-000223, PUD, PP, VA-H, as
depicted in the Site Plan and Preliminary Plat Plan (Exhibits 3 and 4), subject to the following conditions:
1. The applicant shall comply with the following mitigation measures issued as part of the Determination of
Non-Significance Mitigated, dated July 13, 2020 (Exhibits 1 and 32):
a. Clearing and grading of the subject property shall be limited to May 1 to September 30.
b. The applicant shall comply with the recommendations of the Geotechnical Report and Retaining
Wall Designs prepared by Terra Associates dated May 18, 2020 and Secondary Review Comments
prepared by GeoEngineers dated December 19, 2020 and April 24, 2020 and any future addenda
to such reports.
c. The applicant’s geotechnical engineer shall review the project’s civil construction plans to verify
compliance with the geotechnical report(s). The geotechnical engineer shall submit a sealed letter
stating that he/she has reviewed the civil construction plans and in their opinion the plans and
specifications meet the intent of the report(s).
d. The applicant’s geotechnical engineer shall identify those construction activities where
observation onsite by a licensed geotechnical engineer should occur. Those identified activities
shall be clearly stated on the civil construction plans.
e. The applicant’s geotechnical engineer shall seal and certify all rockeries and retaining walls
regardless of height on the civil construction and building permit plans and provide long-term
maintenance recommendations for future homeowners as an exhibit in the forthcoming
Covenants, Conditions, and Restrictions document to be recorded with the final plat.
f. The applicant shall submit a final stream and wetland mitigation plan for the off-site benefit parcel
concurrently with the civil construction permit application that provides buffer enhancement
activities consistent with best available science; mitigation, maintenance, and monitoring; and
native growth protection area standards set forth in RMC 4-3-050. Buffer enhancement on the
off-site benefit parcel shall occur concurrently with construction of the PUD/Preliminary Plat.
Long-term ownership and management of the off-site benefit parcel shall be the responsibility of
the Canopy Subdivision Homeowners Association unless the City determines it is able to assume
ownership and provide those services.
g. The applicant shall indicate areas of Alderwood sandy loam on the detailed landscaping plan
submitted with the civil construction permit. The plan shall provide specifications for fracturing
the hardpan where grading brings the Alderwood hardpan near the surface in locations of new
tree planting to provide soil volume for root development and to improve drainage around the
trees. The applicant shall submit a surety to ensure the survival of the new trees in the Alderwood
sandy loam areas for a minimum of five (5) years. The surety shall include a warranty for each
new tree, irrigation system, and maintenance for the five (5) year period. The surety and
maintenance specifications shall be executed prior to final plat recording.
h. The applicant shall construct frontage improvements along the northern half of NE 40th Street
west of the project site frontage to Lincoln Ave NE meeting residential access street standards
except for those areas where the sidewalk and/or planter strip could meander and vary widths to
save existing trees within the ROW or abutting property.
i. The applicant shall construct a pedestrian pathway within the abutting easterly unimproved ROW
that would connect to the pedestrian pathway located in the unimproved section of NE 43rd St in
an alignment as generally shown on the landscape plan avoiding wetland and stream impacts as
practical and providing mitigation for unavoidable impacts. Trail materials are to be determined
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
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prior to submitting civil construction permit and shall have minimal impact to wetland, streams,
and their associated buffers.
2. The applicant shall submit revised site plans, elevation plans, and floor plans with the civil construction
permit application that indicate the revised depths of Lots 30-40 with front yard setbacks of 15-feet and
garage setbacks of 20-feet or greater. The massing of the homes shall be reduced by replacing the garage
side exterior wall with a column and the front porches shall be non-repetitive and provide additional
distinctive features such as material variation and roof forms. Other mass reduction features not listed
herein would be considered by the Current Planning Project Manager. The revised setbacks and massing
reductions shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
3. The applicant shall submit a revised site plan with home floor plans and exterior elevations with the civil
construction permit application that incorporates 15-foot front yard setbacks for alley loaded Lots 48
through 55. A reduction in rear yard setbacks and/or other modification to assist in meeting this condition
may also be considered by the Current Planning Project Manager. The revised plans shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
4. The applicant shall remove existing homes and outbuildings on the subject property at 2020 NE 40 th St
and 4130 Lincoln Ave NE prior to submitting final plat and final planned urban development applications.
The applicant shall also remedy any encroachments on the Canopy PUD subject property including but
not limited to potential encroachments along the boundary with 4006 Lincoln Ave NE prior to submitting
final plat and final planned urban development applications.
5. The applicant shall submit an overall plat building coverage and impervious coverage analysis with graphic
representation with the civil construction permit identifying the entire subject property complies with the
maximum building coverage of 50-percent and impervious coverage limitation of 65-percent. The analysis
and graphic shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance and recorded as an exhibit with the final plat.
6. The applicant shall submit building height and story calculations for each of the homes within the plat
with the civil construction permit to ensure the requested 30-foot wall plate, 6-foot roof pitch, and 3-story
heights comply with the proposed modification. The building height and story calculations shall be
reviewed and approved by the Current Planning Project Manager prior permit issuance.
7. The applicant shall submit a detailed landscaping plan with the civil construction permit application that
provides medium-size maturing trees in planter strips abutting the new lots and large-sized maturing trees
in planter strips that abut tracts and/or street frontage only. At least one (1) street tree shall be planted
per lot (55 trees) along Road A based on spacing requirements and if spacing requirements do not permit
55-trees to be planted along Road A, then the applicant shall provide a fee in-lieu for each remaining tree
in the City Urban Forestry Program fund. Additionally, the landscape plan shall provide root barrier
systems within the planter strip to impede tree roots from buckling the abutting sidewalks. The detailed
landscaping plan shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
8. The applicant’s submitted detailed landscaping plan with the civil construction permit shall provide a
minimum of one (1) small sized maturing tree from the City’s Approved Street Tree List, shrubs, and
groundcover along the western portions of Lots 1-6 abutting the walkway in Tract H. The detailed
landscaping plan shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
9. The applicant shall submit specifications with the detailed landscaping plan submitted with the civil
construction permit that provides a veneer surface attached to the exposed portion of Vault 1 in Tract H
that consists of brick detailing such as a garden wall bond with diagonal patterns or a comparable surface
approved by the Current Planning Project Manager with shrub and groundcover landscaping at the base
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
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of the exposed wall. The specifications shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
10. The applicant shall revise the planting schedule on the detailed landscaping plan to be submitted with the
civil construction permit to provide greater planting of native evergreen trees in open space and native
growth protection area tracts. Large size maturing trees such as Douglas Fir, Western Red Cedar, Western
Hemlock, and other comparable species as approved by the Current Planning Project Manager shall be
provided. The detailed landscaping plan shall be reviewed and approved prior to permit issuance.
11. The applicant’s certified arborist shall review the detailed landscape plan to be submitted with the civil
construction permit and provide written recommendations on tree spacing for the new trees within the
plat. As a result of the arborist’s review, if there remains outstanding tree replacement caliper inches due
to spacing limitations, the remaining tree replacement caliper inches shall be satisfied via fee-in-lieu in
the City Urban Forestry Program fund. The detailed landscape plan and certified arborist tree spacing
recommendations shall be reviewed and approved by the Current Planning Project Manager prior to
permit issuance.
12. The applicant shall submit a minimum tree density exhibit as a component to the detailed landscaping
plan that is to be submitted with the civil construction permit. The minimum tree density exhibit shall
provide a detail of every lot in the plat and how it meets the minimum two (2) trees per 5,000 square foot
requirement. The minimum tree density exhibit shall be reviewed and approved by the Current Planning
Project Manager prior to permit issuance.
13. The applicant shall submit detailed specifications of all Redi-Rock retaining wall veneers regardless of
height with the civil construction permit application. The veneers shall have a scale similar to brick or
other small scale material as approved by the Current Planning Project Manager. The detailed
specifications shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
14. The applicant shall submit a surety to ensure the survival of the plantings on the vegetated mechanically
stabilized walls for a minimum of five (5) years. The surety shall include a warranty for the plantings and
maintenance of the wall for the five (5) year period. The surety and maintenance specifications shall be
executed prior to plat recording.
15. The applicant shall submit a Critical Areas Exemption request for the restoration and mitigation activities
on the off-site benefit parcel. The Critical Areas Exemption shall be reviewed and issued prior to or
concurrent with civil construction permit issuance.
16. Prior to final plat application, if it is determined that the Canopy Homeowners Association will own and
maintain the offsite benefit parcel, the applicant shall submit the final plat document with the offsite
benefit parcel as a tract within the plat, noting its native growth protection areas and equal ownership
from all property owners within the subdivision. The applicant shall include the ownership and
maintenance responsibilities in the Covenants, Conditions, and Restrictions (CC&Rs) to be recorded with
the final plat. The tract addition and CC&Rs, if needed, shall be reviewed and approved by the Current
Planning Project Manager prior final plat recording.
17. The applicant shall submit a revised arborist report with the civil construction permit that analyzes the
health and viability of existing trees in and around the NE 40th St frontage and provides recommendations
for the well-being of the trees while the frontage is under construction including monitoring, tree and
root protection, irrigation, pruning, etc. during and post construction to ensure the safety and vitality of
the trees. The revised arborist report shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
18. The applicant shall install approved fire sprinkler systems for Lots 41-47 as shown on the preliminary plat
(Exhibit 4) and a plat note shall be included on the final plat document that indicates homes on Lots 41 -
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
Report of September 1, 2020 Page 53 of 54
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47 require approved fire sprinklers. The plat note shall be reviewed and approved by the Current Planning
Project Manager prior to plat recording.
19. The applicant shall submit an emergency and vault access road detail exhibit with the civil construction
permit application. The exhibit shall provide details of the road width and hammerhead turnaround
meeting the specifications of the Renton Regional Fire Authority with paved materials that are
complementary to pedestrian and open space environments while meeting the needs of fire apparatus
such as scored and/or stamped concrete, pavers, or other comparable materials as approved by the
Current Planning Project Manager. The access road shall be pulled out of Tract H and placed in a separate
tract and easement that would limit use to emergency, vault access, and open space and the
tract/easement shall be named for the purpose of addressing Lots 1-6. The exhibit shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance. Tract and easement language
for the road shall be reviewed and approved by the Current Planning Project Manager prior to plat
recording.
20. The applicant shall submit a traffic control/pedestrian enhancement exhibit for Road A with the civil
construction permit application. The exhibit shall provide details of the traffic control measures and
pedestrian connections that connect Tract A to Tract H and Tract B to Tract F. The enhancement shall
include features such as raised concrete providing a level crossing similar to a “festival street” cross
section with the planter strip replaced with street trees in grates and/or other pedestrian and traffic
control features as approved by the Current Planning Project Manager. The Road A traffic
control/pedestrian enhancement exhibit shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
21. The applicant shall submit a final open space plan with the civil construction permit application that
provides detailed landscaping plans, detail sheets of playground, exercise equipment, seating, fencing,
tables, view stations, and other street furniture, trail and gathering space surface materials, and final
square footage calculations of each open space area. The final open space plan shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
22. The applicant shall submit cross sections with the final open space plan for each open space area that
includes slope percentage calculations with the civil construction permit application. Terracing with
limited height retaining walls may be required to obtain level grades if it is determined by the Current
Planning Project Manager as an optimal alternative to steeper grades in the open space areas. The cross
sections, slope calculations, and if needed, terraced retaining walls shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
23. The applicant shall submit a revised private open space plan with the civil construction permit application
that provides defined edges for each of the lots ground floor private open spaces. Demarcations can
include landscaping, low level fencing, hardscapes, and/or other features approved by the Current
Planning Project Manager. The revised private open space plan shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
24. The applicant shall submit revised home elevations for Plans 2550, 2553, and 2054 with the building
permit applications that provides a horizontal band on side elevations between stories or provides a
material variation in addition to lap siding. The revised elevations shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
25. The applicant shall submit a revised architectural streetscape plan and revised building elevations with
the applicable building permit applications that revises color pallets related to the substantial use of
modern grey on Lots 3, 4, 11, 12, 13, 15, 16, 49, and 50 to ensure the abutting homes contain a differi ng
color. The revised streetscape plan and building elevations shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
City of Renton Department of Community & Economic Development
Canopy PUD and Preliminary Plat
Staff Report to the Hearing Examiner
LUA19-000223, PUD, PP, VA-H
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26. The applicant shall submit a standalone Final Mitigation, Maintenance, and Monitoring Plan for the
Stream Buffer Averaging of Stream ‘S’ with the civil construction permit application. The plan shall include
all applicable items set forth in RMC 4-3-050L and 4-8-120D.19 with a monitoring period of five (5) years.
The plan shall also provide recommendations for placing large woody debris in and around the Ordinary
High Water Mark of Stream ‘S’ from any tree measuring four (4) inches in diameter that is removed within
200-feet of the stream. The plan shall be reviewed and approved by the Current Planning Project Manager
prior to permit issuance.
27. The applicant shall submit a standalone final Wetland Mitigation, Maintenance, and Monitoring Plan for
Wetlands B and D with the civil construction permit application. The plan shall include all applicable items
set forth in RMC 4-3-050L and 4-8-120D.23 with a monitoring period of five (5) years or timeline as set
forth by any required State and/or Federal permit(s). Permanent wetland impacts shall not occur to
Wetland A until such time any required State and/or Federal permits and/or approvals are issued. The
final plan and evidence of required State and/or Federal permits and/or approvals shall be reviewed and
approved by the Current Planning Project Manager prior to issuance.
28. The applicant shall submit a consolidated Critical Areas Exemption request for proposed onsite and offsite
pedestrian trails that would encroach into wetlands, wetland buffers, and geologically hazardous areas.
The Critical Areas Exemption shall be reviewed and issued prior to or concurrent with civil construction
permit issuance.
29. The applicant shall submit a revised geotechnical report, wall design, and grading plans with the civil
construction permit related to the increased depth of Lots 30-40. The revised report and plans shall be
reviewed by the City’s secondary geotechnical reviewer with all costs associated from the secondary
review paid for in advance by the applicant. The revised report and plans shall also be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
30. The applicant shall submit a draft Conditions, Covenants, and Restrictions (CC&Rs) documents with the
final planned urban development and final plat applications. The CC&Rs shall provide ownership and
maintenance responsibilities for alleys, open space tracts, native growth protection area tracts,
stormwater facilities, and other common facilities of the subdivision. The CC&R shall be reviewed and
approved by the Current Planning Project Manager prior to recording the document with the final plat.
31. Any proposed changes to key features of the project noted in Conclusions #13 of the staff report to the
Hearing Examiner shall be reviewed and considered as major modifications to the planned urban
development.