Loading...
HomeMy WebLinkAbout11-06-2023 - Grant Place Townhomes Decision - LUA-23-0002831 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Grant Place Townhomes Preliminary Plat, Site Plan Review, Environmental (SEPA) Review, Parking Modification, and Street Standards Modification Approval. LUA23-000283 ) ) ) ) ) ) ) ) ) ) ) ) FINAL DECISION SUMMARY Satwant Singh of the Apex Enterprises Group requests approval of applications for preliminary plat, site plan, environmental (SEPA) review, a parking modification, a street standards modification, and a landscape variance approval for 36 townhomes to be located easterly of Grant Avenue South at 1504- 1582 SE Grant Circle. The applications are approved subject to conditions. TESTIMONY A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS Exhibits 1-22 as presented in the staff prepared document entitled “Exhibits” during the October 24, 2023 hearing were admitted into the record. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 2 FINDINGS OF FACT Procedural: 1. Owner/Applicant. The owner is Apex Enterprises Group LLC, 15 S. Grady Way, Suite 527, Renton, WA 98057. The applicant is Satwant Singh, same address. 2. Hearing. A hearing on the application was held on October 24, 2023 on-line via the Zoom meeting application. No members of the public (who were not affiliated with the proposal) testified. Substantive: 3. Project Description. The applicant is requesting Preliminary Plat approval, Hearing Examiner Site Plan Review, Environmental (SEPA) Review, a Parking Modification, a Street Standards Modification, and a Landscape Variance for the construction of a multi-family development containing a unit lot subdivision with 36 townhomes. The project site totals approximately 2.14 acres and is located within the Residential Multi-Family (RMF) zoning classification, and the Residential High Density (RHD) land use designation. The development would be comprised of eight (8) separate multi-family residential structures. Access to the site is proposed via new loop access drive extended from Grant Ave S. A parking modification is requested as the parking stalls would not comply with the minimum dimensional requirement, a landscape setback variance is requested to vary from the 15-foot buffer required abutting a residentially zoned property, and a street standards modification was requested to modify the unit l ot driveway standards. The proposed development is located on a partially developed site that was originally part of the expired Grant Place Townhomes Preliminary Plat and Planned Urban Development (PUD) (LUA15 - 000885 and LUA17-000335). As part of that prior approval, grading and tree removal activities have largely already occurred on the project site. The Preliminary Plat and PUD applications have expired, and the proposed townhome development would require new land use approvals. The site is mapped with Sensitive Slopes, Moderate Coal Mine Hazards, Moderate Landslide Hazards, High Erosion Hazards, and seismic faults. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on September 18, 2023 the Environmental Review Committee (ERC) issued a Determination of Non-Significance - Mitigated (DNS-M) for the Grant Place Townhomes. The DNS- M included three (3) mitigation measures. A 14-day appeal period commenced on September 18, 2023 and ended on October 9, 2023. The DNS-M was not appealed. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued a Determination of Non-Significance – Mitigated with three mitigating measures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 3 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and appropriate infrastructure and public services as follows: A. Water and Sewer Service. Water and sewer service are provided by the City of Renton. B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire Authority and police service by the Renton Police Department. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development subject to the condition that the Applicant install required improvements and fees. A Fire Impact Fee, currently assessed at $964.53 per dwelling unit, would be applicable to the proposal. The fee in effect at the time of Building Permit issuance would be assessed for this project. Credit will be granted for the any fees contributed via the prior, now expired, application. C. Drainage. The proposal provides for adequate and appropriate stormwater drainage facilities. The proposal is subject to the City of Renton Surface Water Design Manual (“Manual”), which requires that the project not generate off-site stormwater flows that exceed predevelopment, forested conditions. City staff have reviewed the Applicant’s preliminary stormwater design and found it consistent with the requirements of the Design Manual. The applicant submitted a Stormwater Site Plan/Report, prepared by Furr Engineering Services, PLLC, dated April 3, 2023 (Exhibit 10) and a Geotechnical Report and subsequent letter. The Geotechnical report was prepared by Nelson Geotechnical Associates, Inc. and was dated June 10, 2005 (Exhibit 8). The letter was prepared by Cobalt Geosciences, LLC, dated March 3, 2023 (Exhibit 9). There is an existing storm drainage system in Grant Avenue S. A storm water detention and water quality vault was constructed on the west side of the property as part of the expired Grant Avenue Place Townhomes Preliminary Plat Civil Construction Permit (U16004475) and Building Permit (B18004340). Portions of the storm drainage conveyance system on site was also constructed as part of the expired Grant Avenue Place Townhomes Preliminary Plat Civil Construction Permit (U16004475). Runoff from the site sheet flows into the onsite conveyance system, to the onsite storm water vault, and finally to the storm drainage conveyance system within Grant Avenue S. The storm drainage facility onsite and offsite proposed for the expired project has not been confirmed to be in compliance with City standards. The applicant would be required to demonstrate that the existing vault would satisfy the requirements of the 2022 RSWDM. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 4 The applicant will also be required to pay for its fair share of impacts to the City’s stormwater collection system. The surface water system development fee is currently $0.92 per square foot of new impervious surface, but not less than $2,300.00. Such fees are payable prior to issuance of the construction permit. D. Parks/Open Space. The project provides for adequate parks and open space. RMC 4-2- 115 requires open space for residential development of four or more dwelling units in the R-10 zone to consist of at least 350 square feet of open space per dwelling unit. This standard also applies to townhome unit-lot subdivisions in the RMF zone via RMC 4-7- 090F.5. Based on the proposal for 36 townhome units, a total of 12,600 square feet of common open space would be required. Landscaped common open space is proposed within three (3) common open space/utility tracts (Tracts A, B, and C). Common open spaces include a 6,685 square foot park fronting Grant Ave S, two (2) smaller open spaces with seating areas between buildings 1-3 & 6-8 totaling 2,564 square feet, and another 1,657 square foot pocket park at the east bend in the loop access drive. Additionally, there is a small trellis covered area on the east end of the site providing 278 square feet. In addition, there is a tree conservation area to the southeast that totals 2,595 square feet. The project site would have a total provided common open space area of 13,779 square feet, which would exceed the 12,600 square foot requirement. The proposed common open space within Tract A would have a minimum dimension of approximately 70 feet. None of the other open space tracts within the proposed development would comply with the forty- foot (40’) minimum dimensional requirement, however all proposed common open spaces would be landscaped, Tracts A and B would also be programmed with seating and paved pedestrian walkways. Proposed common open space areas would be distributed throughout the proposed development and would be located abutting the majority of the proposed dwelling units. No above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens, etc.) are proposed within the common open space areas. Therefore, the proposed common opens space areas would comply with the intent and guidelines of this standard. E. Pedestrian Circulation. The proposal provides for safe and efficient pedestrian circulation. The project site has frontage along Grant Ave S, frontage improvements, which would include a sidewalk would be constructed. In addition, the proposed project would include paved pedestrian walkways within the proposed open space areas, providing pedestrian connections throughout the development. All pedestrian walkways would have widths of four (4) to five (5) feet. Additionally, a four-foot (4’) wide concrete walkway is proposed along the looped unit lot drive to provide pedestrian access along the rear of the units. F. Transportation. The proposal is served by adequate and appropriate transportation infrastructure. Access to the site is proposed via a modified unit lot driveway access off 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 5 Grant Ave S. Grant Avenue South is a residential street with an existing ROW width of 60 feet, as measured using the King County Assessor’s Map. The Code required street section for this portion of Grant Avenue South includes a half street paved travel width of 10 feet, an on-street parking lane, storm drainage improvements, 0.5 feet wide curb, 8 ft wide landscaped planter, and a 5 ft wide sidewalk. The ROW width will be required to extend to the back of the sidewalk. This may require a ROW dedication of a minimum 1.5 feet, subject to survey verification. The ROW dedication and the street improvements are required to be provided by the developer. The maximum slope back of sidewalk is 4H:1V. The sidewalk and a portion of the roadway have been removed on the east side of Grant Avenue S as part of the expired Grant Avenue Place Townhomes Preliminary Plat Civil Construction Permit (U16004475) to construct the storm drainage vault on the west side of the property. A Trip Generation Assessment, prepared by Heath & Associates, dated April 26, 2023 (Exhibit 12) was submitted with the project application materials. According to the submitted Trip Generation Assessment (Exhibit 12), for single-family attached units, ITE data estimates the 36 dwelling units can generate 224 average weekday daily trips with 13 trips occurring the AM peak hour and 18 trips in the PM peak hour. A Transportation Concurrency Test (Exhibit 13) was issued for the proposal, it was concluded that the proposal passed the transportation concurrency test in accordance with RMC 4-6-070D. Increased traffic created by the development would be mitigated by payment of transportation impact fees. The current rate of transportation impact fee is $8,031.94 per net new PM peak hour person vehicle trip. The transportation impact fee is assessed at the rate at the time of building permit issuance. Credit will be given for impact fees already paid for as part of the expired Grant Avenue Place Townhomes Building Permits. Based on the total 36 units provided onsite, a minimum of 18 bicycle parking spaces would be required. Staff recommends, as a condition of approval, that the floor plans be revised to identify the required bicycle parking space within the proposed garages or other approved location pursuant to RMC 4-4-080F.11. The applicant is requesting a modification from the Unit Lot Drive Standards (RMC 4-6- 060K). Unit lot driveways are permitted to serve a maximum of nine (9) units and are required to include a curb, an eight-foot (8’) landscape strip and five-foot (5’) sidewalk around the perimeter of the unit lot driveway. The applicant is requesting a modification that would allow more than nine (9) units to access off the unit lot drive, to eliminate the landscape strip and to reduce the width of the sidewalk to four feet (4’) and install the sidewalk as a concrete walkway that would be flush with the asphalt driveway. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 6 proposal is compliant with the modification criteria, pursuant to RMC 4-9-250.D.2, if all conditions of approval are met. City Staff has reviewed the request and determined that the proposed modification would meet the objectives of function and maintainability intended by the code requirements. G. Schools. The proposal provides for adequate and appropriate schools and safe walking conditions to and from school. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Talbot Hill Elementary (1.6 mile from the subject site), Dimmitt Middle School (4 miles from the subject site) and Renton High School (2.3 miles from the subject site). RCW 58.17.110(2) provides that no subdivision be approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school and/or bus stops. Future students are designated to be transported to school via bus for Elementary, Middle, and High School. It is unclear where bus stops will be located for the proposed development. Therefore, staff recommends as a condition of approval the applicant be required to demonstrate safe walking conditions for students to/from the subject plat to bus stop locations prior to construction permit. A School Impact Fee, based on new multi family dwelling, will be required in order to mitigate the proposal’s potential impacts to the Renton School District. The fee is calculated and payable to the City as specified by the Renton Municipal Code at the time of building permit issuance. Currently the fee is assessed at $3,697.00 per multi family dwelling unit, plus a 5% surcharge fee. H. Parking. Staff has determined that the proposal complies with applicable parking regulations. Parking regulations require that a minimum of two parking spaces be provided for each townhome, however, 1 per dwelling unit may be permitted for 1 bedroom or less dwelling units. Tandem parking is allowed. For unit lot subdivisions, the number of parking spaces required may be averaged and dispersed among unit lots or within the parent site; however, at least one parking space shall be provided within each unit lot. The proposed project includes two (2) parking spaces per townhome unit, with some of the units providing tandem parking spaces. The proposed tandem spaces would utilize the compact parking space dimensions of 8-1/2 feet by 16 feet and would occupy 12 or thirty percent (30%) of the total number of dwelling units. An additional seven (7) parallel guest parking spaces are proposed along the unit lot drive. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 7 The applicant has submitted a modification request to reduce the proposed stall dimensions within the private garages from 9 feet by 20 feet to 9 feet by 18 feet, 6 inches. City Staff has reviewed the request and determined that the proposed modification would meet the objectives of function and maintainability intended by the code requirements. The City’s structured parking space standards require a minimum depth of sixteen feet (16’), the applicant’s proposal to reduce the required standard parking stall depth from twenty feet (20’) to eighteen feet, six inches (18’-6”) which would still exceed the depth required for parking stalls within structured parking garages. I. Landscape Plan. The applicant submitted a Conceptual Landscape Plan (Exhibit 7) with the project application materials. An eight-foot (8’) wide landscape planter is proposed between the curb and sidewalk along Grant Ave S. The proposed landscape planter would be planted with chancellor little leaf linden and blue lily turf. The Chancellor little leaf linden street trees are listed on the City’s approved street tree list. The Conceptual Landscape Plan includes a common open space area between the proposed townhomes and Grant Ave S as well as landscaped open space areas around the site perimeter as well as open space corridors between the and around the proposed townhome buildings. These open space areas would be connected with walking pathways, that include seating areas, and will be landscaped. The proposed tree species to be planted would include: vine maple, princeton sentry gingko, skyline honeylocust, jelena witch hazel, frontier elm, douglas fir, western red cedar, and hogan cedar trees. Proposed shrub species would include: emerald green arborvitae, variegated dogwood, oak-leaf hydrangea, Japanese honeysuckle, tall Oregon grape, little kitten maiden grass, Pacific wax myrtle, evergreen azalea, red flowering current, sarcococca hookeriana, common snowberry, and evergreen huckleberry. Groundcover species proposed include: kinnikinnick, variegated Japanese sedge, salal, daylily, clue cadet hosta, blue lily turf, creeping mahonia, sword fern, and lawn. A fifteen-foot (15’) wide landscaped buffer is required along the north and east property lines, where the project site abuts R-8 zoned properties. The applicant has requested a variance to reduce the landscaped buffer required along the north property line to a minimum of five feet (5’), where the driveway would abut the north property line. See further Variance discussion below. There is a seventeen-foot (17’) to twenty-five-foot (25’) wide landscaped setback along the east property line that would separate the proposed townhomes from the abutting R-8 zoned properties to the east and an approximate nineteen-foot (19’) landscaped setback between proposed Building 4 and the north property line. The proposed landscaped setbacks would adequately buffer the proposed townhomes from the existing R-8 zoned properties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 8 A fifteen-foot (15’) wide landscape strip is required around the perimeter of all stormwater facilities. The proposed stormwater vault would be located beneath a proposed common open space area along the west portion of the project site. The entire area above the stormwater vault would be landscaped, which would satisfy this requirement. Landscaping within the public right-of-way would be planted prior to the recording of the plat, landscaping within the parent parcel would be planted prior to the issuance of a certificate of occupancy. As noted above, the applicant is requesting approval of an administrative Variance to RMC 4-4-070F.4.b that requires a fifteen-foot (15') wide partially sight-obscuring landscaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped visual barrier when a multifamily zone or use is abutting a less intense residential zone. The applicant proposes to reduce the required landscaped visual barrier along the north property line, in the vicinity of the unit lot drive, abutting the R-8 zone, to a five-foot (5’) landscaped visual barrier. City Staff has reviewed the requested variance and determined that the proposal is compliant with the variance criteria, pursuant to RMC 4-9-250.B.6. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Pertinent impacts are addressed individually as follows: A. Critical Areas. The proposal includes critical areas. The site is mapped with Sensitive Slopes, Moderate Coal Mine Hazards, Moderate Landslide Hazards, High Erosion Hazards, and seismic faults. Those critical areas have been adequately protected pursuant to staff’s findings that the proposal conforms to the City’s critical area standards as follows: 1. Geologically Hazardous Areas. As discussed in the Environment Review Committee (ERC) Report (Exhibit 1), a Geotechnical Report and subsequent letter were included with the submitted project application materials. The Geotechnical report was prepared by Nelson Geotechnical Associates, Inc. and was dated June 10, 2005 (Exhibit 8). This report summarized existing surface and subsurface conditions and provides general recommendations for the site development as proposed. Conclusions in their report are based on a subsurface investigation, using analysis of material excavated from (eight) 8 test pits ranging from 4.5 to 8.5 feet in depth and documentation related to geology of the vicinity. According to this report, there was no evidence found of previous coal mining activities, which were known to occur in the vicinity of the property. This, with research of records available at the Washington State Department of Natural 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 9 Resources, resulted in the conclusion that mining operations were not specifically located at the site. The soil conditions on the site are summarized as follows, the top 0.5 to 1.5 feet of the site consists of loose topsoil. This is underlain by competent native glacial t ill deposits, which was found to the bottom of the test pits. The geotechnical report concludes that the site is compatible with the proposed development and that structures may be founded on the native medium dense or better soil that would be encountered at approximately 1 to 2 feet below the existing ground surface. Use of shallow foundations, with footings extended through loose surficial soil to underlying competent glacial till soils is recommended. Minor to moderate groundwater seepage, probably from perched water, was found at depths ranging from 2.5 to 7.5 feet below the existing grade. Although there is no indication of a regional groundwater table within the area explored, this groundwater would probably be present, in varying amounts depending on seasonal rainfall, throughout the year. It was concluded that earthwork actives during the wet season could be impacted by groundwater conditions onsite. The report concludes that the proposed project would be feasible from a geotechnical standpoint. The Environmental Review Committee (ERC) adopted the following mitigation measure to ensure that project construction continues in accordance with the geotechnical recommendations provided in Exhibits 8 and 9: 1. Project construction shall comply with the recommendations outlined in the Geotechnical Report prepared by Nelson Geotechnical Associates, Inc., dated June 10, 2005 as well as the geotechnical letter prepared by Cobalt Geosciences, LLC, dated March 3, 2023. 2. The applicant shall submit an Inadvertent Discoveries Plan prepared by a qualified professional with the civil construction permit for review and approval by the Current Planning Project Manager prior to permit issuance. 3. The Duwamish Tribe shall also be notified if any archeological work or monitoring is performed on the project site. B. Tree Retention. The proposal provides for adequate preservation of trees because it is consistent with the City’s tree retention standards. A Tree Retention Plan (Exhibit 7) and Tree Retention Worksheet (Exhibit 17) were submitted with the project application materials. There were 53 trees originally identified on the project site, of those trees, 10 were identified as dangerous trees and one (1) tree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 10 was located within the public right-of-way, leaving a total of 42 significant trees. The current 30% retention requirement, would have mandated that 12.6 or 13 trees be retained onsite, all trees were previously removed as a part of previously permitted construction activities. Tree replacement quantity is determined based on the credit value of the trees proposed for removal. Larger, higher priority trees shall be used for calculation of tree replacement. Based on the tree inventory included on the Tree Retention Plan, four (4) trees measuring 33-36” were removed and would have been assigned a total tree credit value of 48; six (6) trees measuring 22-24” were removed and would have been assigned a total tree credit value of 54; and two (2) trees measuring 19-21: were removed and would have been assigned a tree credit value of 16; and one tree measuring 20” was removed and would have been assigned a tree credit value of 7. Based on the trees that were removed, the applicant would be required to replace a total of 125 tree credits. The landscape plans include a total of 30 large species trees (15 chancellor little leaf linden trees, 8 Douglas fir trees, and 7 western red cedar trees) would be planted onsite, which would result in a total of 60 credits; and 65 medium species trees (46 Princeton sentry gingko trees, 2 skyline honeylocust trees, 13 frontier elm trees, and 4 of the Hogan cedar trees) would be planted, which would result in a total of 65 credits. The proposal would include the pl anting of 125 replacement tree credits, which would satisfy this requirement. The City’s Tree Retention Regulations also require that a minimum tree density of 30 credits per net acre. Based on a site area of 93,100 square feet or 2.14 acres, a total of 64 tree credits would be required to be provided onsite. The provision of tree credits onsite may be achieved through the retention of existing trees or the planting of new trees , however replacement tree credits, as those noted above, do not contribute to the total minimum tree density. To comply with the minimum tree credit requirements, the applicant is proposing to plant 30 small species trees (20 vine maple and 10 Jelena witch hazel), which would result in a total of 7.5 tree credits, and four (4) medium species trees, which would result in a total of (four) 4 tree credits. The proposal would include the planting of 11.5 tree credits, which is less than the 64 tree credits required. In order to comply with the tree credit requirements, the applicant would be required to revise the landscape plan to include an additional 52.5 tree credits onsite. Staff recommends, as a condition of approval, that a final Tree Replacement Plan be submitted at the time of construction permit review for review and approval by the Current Planning Project Manager. The final Tree Replacement Plan shall include the planting of an additional 52.5 tree credits on the project site. Tree protection measures would be required during project construction in accordance with RMC 4-4-130H.10, these measures would include the installation of a 6-foot high chain link fence as well as signage identifying the trees as protected. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 11 C. Compatibility. The proposal is compatible with surrounding uses. If all conditions of approval related to landscaping, building design, and access are met, the scale and intensity of the development is compatible with the existing surrounding uses which is predominantly single-family lots to the east, residential multi-family to the south and Puget Sound Energy easements to the north and west. D. Noise, Privacy, Light and Glare. The proposal will not create any significant noise, light or glare impacts and is sufficiently designed to provide for privacy both off and on-site. 1. Noise. Common open space areas have been sited throughout the development, which would provide privacy and buffer some of the noise either entering or leaving the project site. 2. Privacy. There is a seventeen-foot (17’) to twenty-five-foot (25’) wide landscaped setback along the east property line that would separate the proposed townhomes from the abutting R-8 zoned properties to the east and an approximate nineteen- foot (19’) landscaped setback between proposed Building 4 and the north property line. The proposed landscaped setbacks would adequately buffer the proposed townhomes from the existing R-8 zoned properties. 3. Light and Glare. Lighting impacts will be sufficiently addressed through the City’s lighting standards and associated conditions of approval. A lighting plan (Exhibit 5) was included with the land use application materials. The lighting plan included light fixture details that would provide pedestrian scale illuminated throughout the development. E. Views. According to uncontested findings of the staff report, it is not anticipated that the proposed townhomes would impact any views of the surrounding properties. CONCLUSIONS OF LAW Procedural: 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number procedure”. Since all submitted permit applications are Type III or below, the Type III review process is the “highest-number procedure” and therefore must be employed for all of the permit applications. As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 12 and issue final decisions on Type III applications subject to closed record appeal to the Renton City Council. Substantive: 2. Zoning/Comprehensive Plan Designations. The subject site totals approximately 2.14 acres and is located within the Residential Multi-Family (RMF) zoning classification, and the Residential High Density (RHD) land use designation. The subject site is located easterly of Grant Avenue South (Parcel No. 2023059052). The site is partially developed and part of the expired Grant Place Townhomes Preliminary Plat and Planned Urban Development (PUD) (LUA15-000885 and LUA17- 000335). 3. Review Criteria/Approval of Variance, Parking and Unit Lot Drive Modifications. Chapter 4- 7 RMC governs the criteria for subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. All applicable criterion quoted below are met for the reasons identified in the corresponding conclusions of law. Variance standards are governed by RMC 4-9-250.B.6. The findings and conclusions of Finding No. 21 of the staff report, as well as Finding No. 4 of this decision, are adopted to determine that the proposal meets the criteria for a variance. Parking modification standards are governed by RMC 4-9-250.D.2 The findings and conclusions of Finding No. 22 of the staff report, as well as Finding No. 4 of this decision, are adopted to determine that the proposal meets the criteria for parking standard modification. Unit Lot Drive modification standards are governed by RMC 4-9-250.D.2. The findings and conclusions of Finding No. 23 of the staff report, as well as Finding No. 4 of this decision, are adopted to determine that the proposal meets the criteria for unit lot drive standard modification. Subdivision RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 13 4. The criterion is met. As to compliance with the Zoning Code (including design standards), Findings 18 and 19 of the staff report are adopted by reference as if set forth in full. Each proposed lot will be accessed from the proposed unit lot drive, located at the rear of the units and around the site perimeter as determined at Finding of Fact No. 4F. As determined in Finding of Fact No. 5, there are critical areas at the project site which are adequately protected by application of the City’s critical area standards. The project will not cause flooding problems as it is not located in a floodplain critical area and will be served by adequate and appropriate drainage facilities. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. RMC 4-7-080(I)(1): …The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards… 5. The criterion is met. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding 17 of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. 6. The criterion is met. Access to the site is proposed via new loop unit lot drive extended from Grant Ave S, an existing public street. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. The criterion is met. The proposal is not subject to any adopted street plan. RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 8. The criterion is met. The proposal does not touch upon any designated trail. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 14 Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. … 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 9. The criterion is met. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and development will not encroach into critical areas as determined in Finding of Fact No. 4C and 5A. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5B. No steep slopes or streams are located on the property. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the subdivider’s dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 15 requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 10. The criterion is met. City ordinances require the payment of park impact fees prior to building permit issuance. As outlined in Finding of Fact No. 4D, the Applicant will also be providing total common open space area of 13,779 square feet, which would exceed the 12,600 square foot requirement. RMC 4-7-150(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 11. The criterion is met. The proposal does not include any internal streets, but rather includes a loop unit lot driveway extended from Grant Ave S. A modification from Unit Lot Drive standards to allow more than nine (9) units to take access was submitted. The findings and conclusions of Finding No. 23 of the staff report, as well as Finding No. 4 of this decision, are adopted to determine that the proposal meets the criteria for unit lot drive standard modification. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. The criterion is met. The subject site has previously been addressed as SE Grant Circle. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. The criterion is met. There is no street intersection with a public highway or major or secondary arterial. RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty-five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. The criterion is met. The Public Works Department has reviewed the proposed loop access drive and staff has recommended approval as proposed. RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 16 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-M and Policies CD-50 and CD-60. 3. Exceptions: a. The grid pattern may be adjusted to a “flexible grid” by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow future connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible… 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible. 15. The criterion is met. Unit lot drives may be constructed to serve unit lot subdivisions. A looped one way modified unit lot driveway with a four-foot wide pedestrian walkway access is proposed. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 16. The criterion is met. As proposed, unit lot drives may be constructed to serve unit lot subdivisions. The proposed unit lot drive meets standards except for the unit lot driveway modification approved by this decision. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 17 RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. 17. The criterion is met. No additional street extensions are proposed, possible or necessary for the proposal. RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 18. The criterion is met. As depicted in Ex. 6, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 19. The criterion is met. As previously determined, each lot has access to a unit lot access drive. RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. 20. The criterion is met. As previously determined, the proposed lots comply with the zoning standards of the RMF zone. As authorized by RMC 4-7-090E1, individual lots in plats that qualify as unit lot subdivisions are not required to comply with the minimum lot size, width, and depth requirements of the underlying zoning designation. All unit lot subdivision requirements are met as identified in several portions of Finding No. 18 of the staff report. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). 21. The criterion is met. As identified in COL No. 20, lots in unit lot subdivisions are not subject to any minimum width standards. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 18 22. The criterion is met. All corner lots are set-back from the radiused curve of the unit lot drive as shown in Exhibit 4. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 23. The criterion is met. There are no significant on-site natural features. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 24. The criterion is met. An 8-inch sewer main extension is required within Grant Avenue S and SE Grant Circle extending to the upstream end of the project frontage. A portion of the sewer main improvements were constructed as part of the expired Grant Avenue Place Townhomes Preliminary Plat Civil Construction Permit (U16004475). In addition, a separate side sewer would be required for each unit. Side sewers for each unit were constructed as part of the expired Grant Avenue Place Townhomes Preliminary Plat Civil Construction Permit (U16004475). RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full-width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 25. The criterion is met. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City’s stormwater standards, compliance of which is incorporated into the technical information report, Ex. 10, and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 19 26. The criterion is met as proposed and as shall be regulated during civil plan review. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 27. The criterion is met as conditioned. The applicant will be required to work with franchise utilities to ensure, as practical, utility boxes are located out of public ROW view, active common open spaces, and will not displace required landscaping areas. RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or landowner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. The criterion is met as conditioned. As identified in COL 27, parameters have been conditioned to facilitate the successful installation of franchise utilities such as cable tv. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 20 29. The criterion is met. The unit lot drive (SE Grant Circle) was named during prior review and addressing was assigned. Surveying standards will be enforced by staff during final plat review. Site Plan RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3- 100. 30. The criterion is met. As discussed in Conclusions of Law Nos. 4 and 5, and as conditioned, the proposal is consistent with the City’s development and design regulations. The proposal is consistent with the Comprehensive Plan for the reasons stated in Finding 17 of the staff report. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 21 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 31. The criterion is met. The proposed structures have been sited such that four (4) of the buildings would face an interior landscaped pedestrian open space area and the remaining two (2) building would front on open space areas along the north and south sides of the project site. As such, the site layout prevents overscale structures and overconcentration of development on any one portion of the lot as contemplated in RMC 4-9-200(E)(3)(b)(i). As outlined in Finding of Fact 4D, the townhome units provide direct pedestrian connections from the unit lot drive to each unit and to common open spaces throughout the project site and provides vehicular access through the project site. These vehicular and pedestrian connections provide the linkages and transitions contemplated in RMC 4-9-200(E)(3)(b)(ii). The Applicant proposes no loading or storage areas so RMC 4-9- 200(E)(3)(b)(iii) is inapplicable. As determined in Finding of Fact No. 5E, the proposal will not block any views to attractive natural features as required by RMC 4-9-200(E)(3)(b)(iv). As outlined in Finding of Fact No. 5I, the perimeter of the project site and interior open space tracts is landscaped, providing the amenities required by RMC 4-9-200(E)(3)(b)(v). As identified in Finding of Fact No. 5D3 a lighting plan has been prepared that minimizes light impacts to adjoining properties as contemplated by RMC 4-9-200(E)(3)(b)(vi). RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 22 32. The criterion is met. Open Space and landscaping has been sited throughout the development, which would provide privacy and buffer some of the noise either entering or leaving the project site as required by RMC 4-9-200(E)(3)(c)(i). The scale of the project is appropriate for its location as contemplated by RMC 4-9-200(E)(3)(c)(ii) for the reasons identified in Finding of Fact No. 5C. As identified in Finding of Fact No. 3, the proposal will not impact any significant natural features as grading and tree removal have already occurred as permitted by prior approval. As noted in Finding of Fact No. 5B, impacts to trees will be mitigated as required by the City’s tree retention standards. As noted in the Geotechnical Report (Exhibit 8), the project site is generally level with a slight gradient to the west. Grading allowed by prior approval has occurred and is largely complete. Due to the topography and lack of vegetation, the proposal is found to comply with RMC 4-9- 200(E)(3)(c)(iii). As identified in Finding of Fact No. 4I, the proposed and required landscaping will help define and enhance open spaces and enhance privacy and aesthetics as contemplated by RMC 4- 9-200(E)(3)(c)(iv). RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 33. The criterion is met. The proposal provides for safe and efficient access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4E and 4F. No loading or delivery spaces are proposed. The facility will be served by adequate transit and bicycle facilities (most notably bicycle parking spaces) for the reasons identified in Finding of Fact No. 4F and 4H. Safe and attractive pedestrian connections are provided as outlined Finding of Fact No. 4E. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 23 RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 34. The criterion is met. As detailed in Finding of Fact 4D, the proposal includes a common open space area between the proposed townhomes and Grant Ave S as well as landscaped open space areas around the site perimeter as well as open space corridors between and around the proposed townhome buildings. These open space areas would be connected with walking pathways, that include seating areas, and will be landscaped, thereby creating distinctive focal points that includes sufficient space for passive and active recreation as required by RMC 4-9-200(E)(3)(e). RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 35. The criterion is met. As determined in Finding of Fact No. 5E, there are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 36. The criterion is met. As outlined at Finding of Fact No. 5A, critical areas that were mapped as existing on the site were thoroughly investigated. State Environmental Policy Act (SEPA) review identified three (3) mitigating measures that address potential impacts to the environment. With the application of these measures, the risk to the existing natural environment has been reduced to an acceptable level and existing natural systems are protected. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 37. The criterion is met. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 38. No further phasing is proposed. DECISION The proposed preliminary plat (including qualifying as a unit lot subdivision), hearing examiner site plan, parking modification, street standards modification and a landscape variance comply with all applicable criteria for the reasons identified in the conclusions of law of this decision and are all approved, subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 24 1. A Final Tree Replacement Plan shall be submitted at the time of construction permit review for review and approval by the Current Planning Project Manager. The final Tree Replacement Plan shall include the planting of an additional 52.5 tree credits on the project site. 2. The floor plans shall be revised to identify the required bicycle parking space within the proposed garages. The revised floor plans shall be submitted to the Current Planning Project Manager at the time of Building Permit Review for the review and approval of the Current Planning Project Manager. 3. Revised floor plans shall be submitted at the time of Building Permit Review showing the required two feet by six feet (2’ x 6’) floor area and sixty inches (60”) high storage area for the individual refuse and recycling carts. In addition, site plan shall be revised to include space for carts to be placed on garbage pick-up day. The space must be sufficient to accommodate the number of carts expected to be serviced on pick-up day. There shall be a direct connection constructed of a smooth surface that allows carts to be smoothly rolled to the street or other specified pick-up location. The revised site plan shall be submitted to the Current Planning Project Manager at the time of Construction Permit Review. 4. A cross section with top and toe measurements and material composition of the proposed retaining wall shall be provided to the Current Planning Project Manager at the time of Construction Permit review for review and approval. 5. A revised landscape plan shall be submitted at the time of construction permit review including a fencing detail demonstrating that the total combined height of any fencing proposed on top of a retaining wall would not exceed the maximum height permitted for a standalone fence. The fencing detail shall be submitted to the Current Planning Project Manager for review and approval. 6. A revised landscape plan shall be submitted at the time of Construction Permit review for review and approval by the Current Planning Project Manager. The revised landscape plan shall include a three-foot (3’) landscaped setback between any retaining walls and the front property line along Grant Ave S. 7. The project proposal shall incorporate a variety of roofing colors and that the roofing material shall be fire retardant. Revised colored elevations demonstrating compliance with this requirement shall be submitted to the Current Planning Project Manager at the time of Building Permit Review. 8. The applicant shall either submit revised elevations providing the required three and one- half inches (3 1/2") minimum trim surrounding all windows and doors and one of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 25 following architectural details: shutters, knee braces, flower boxes, or columns. Alternatively, the applicant may submit an alternative that meets the intent and guidelines of the design section. The revised elevations shall be submitted to the Current Planning Project Manager for review and approval at the time of building permit review. 9. A fully detailed materials board and color palette coded to each building elevation, shall be provided to the Current Planning Project Manager for review and approval at the time of building permit review. 10. The applicant shall submit a separate detailed utility and landscape plan set identifying the location and screening provided for all surface utility/mechanical equipment required for each townhome. The surface mounted utility plan shall include cross-section details and screening measures consistent with the overall design of the development with the civil construction permit application. The applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out of public ROW view, active common open spaces, and they shall not displace required landscaping areas. The utility and landscape plan set shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 11. A six-inch (6”) vertical curb shall be installed between the unit lot driveway and abutting landscaped areas. Revised civil plans showing the curb shall by submitted at the time of Construction Permit Review for review and approval by the Current Planning Project Manager. 12. The applicant shall create a Homeowners’ Association (“HOA”) that maintains all improvements and landscaping in the common open space tracts and any and all other common improvements. The HOA documents shall be submitted to, and approved by, the Current Planning Project Manager prior to recording of the Unit Lot Subdivision. Such documents shall be recorded concurrently with the Unit Lot Subdivision. 13. All tracts (e.g. unit lot driveway, drainage, open space, etc.) shall be placed within separate tracts that would be owned and maintained by the Homeowner’s Association. 14. All private open space areas attributed to each individual dwelling unit shall be located on the same unit lot as the dwelling unit. A revised plat map shall be submitted at the time of Construction Permit Review for review and approval by the Current Planning Project manager, that demonstrates compliance with this requirement. 15. The applicant shall be required to demonstrate safe walking conditions to/from the subject plat to bus stop locations prior to construction permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Grant Place Townhomes LUA23-000283 - 26 DATED this 6th day of November, 2023. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080(G) classifies the consolidated application(s) subject to this decision as Type III applications subject to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the decision. A request for reconsideration to the hearing examiner may also be filed within this 14- day appeal period. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Appendix A -- Grant Place Townhomes Page 1 of 6 Appendix A October 24, 2023 Hearing Transcript Grant Place Townhomes -- LUA23-000283, PP, SA-H, ECF, MOD, V-H Note: This is a computer-generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available at the City of Renton Community and Economic Development Department should anyone need an accurate rendition of the hearing testimony. Hearing Examiner Olbrechts (00:00): Okay. Ready to report on your side? Ms. Cisneros (00:04): Yep. Let's start recording in progress. Hearings Examiner Olbrechts (00:07): Alright, perfect. Okay, for the record, it is October 24th, 2023. I'm Phil Olbrechts, hearing examiner for the City of Renton. Have an application today for a little town home project involving, let's see, it's preliminary plat approval, site plan, approval, parking modification, street standards modification, and a landscape variance. This is for a project that I guess has been partially built and has expired, so they've had to reapply the hearing format. We'll start off with a presentation from staff and that's Ms. Ding will give us an overview of the project. Once she's finished, we'll move on to applicant comments. After that, we will move on to public. And Ms. Cisneros, do we have any members of the public yet with us today? Or do you see any takers out there? Ms. Cisneros (00:51): It looks like we do, yes. Hearing Examiner Olbrechts (00:52): Oh, okay. Good. Alright. So once we get to the public comment portion of the hearing, we will, I'll explain how you can all participate. We'll make sure that everyone is heard today, who wants to be heard. Once we're done with public comments, we'll run back to Ms. Ding to answer any questions and present any rebuttal information she finds necessary. And then applicant gets final word and I get 10 business days, two weeks to issue a final decision. And Ms. Cisneros, do you have a complete exhibit list? I know you always add to what's on the staff report there. Let's put that up there if you can. Ms. Cisneros (01:24): Yes. So the first page here is the Environmental Review Committee. Let's send that out. Appendix A -- Grant Place Townhomes Page 2 of 6 Hearing Examiner Olbrechts (01:36): Okay. Ms. Cisneros (01:37): One through 15. Hearing Examiner Olbrechts (01:38): Alright. Yeah. Okay. So let's see. I think, yeah, if anyone needs to see any of the exhibits out there, they are available on the city's website. And if you want to take a look at 'em, just raise your virtual hand and we'll get those documents to you by state law. I'm only allowed to consider evidence that's put in the record today. And those would be the exhibits identified in the exhibit list we're going over right now, as well as the testimony that's put in the record today. And if any of you want to submit additional documents, just let us know as we go through the hearing, we'll figure out a way to get that into the record. But Mrs. SROs is kind of going over the exhibits that are out there, which includes those listed in the staff report. Let's see, actually, could you back up the one through 13, Ms. Cisneros? Ms. Cisneros (02:26): Yes. Hearing Examiner Olbrechts (02:26): Oh, there we go. Okay. So yeah, that's, that's a list. I have trouble accessing myself sometimes, but as you can see it involves, there's a report from the Environmental Review Committee, the determination of non-significant, which is a determination that environmental impact statement isn't necessary. Land use agreement with Bonneville power. And we have architectural plans, landscape plans, civil plans, geotech reports, a storm water plan, agency comments and transportation assessment, transportation, concurrency, as well as the staff report. And there's a neighborhood meeting sign-in sheet, plus the meeting summary with the neighbors tree retention landscape variance, the preliminary plat plan, advisory notes, and a code interpretation there. And finally, I guess the last list, Ms. Cisneros, that includes the, is that the last list? You've got the one with Google. There it is. That is okay. Oh, the one with the Google Earth and Ms. Cisneros (03:23): This one here. Hearing Examiner Olbrechts (03:24): There we go. Yeah, that's the very last list with the staff PowerPoint, city of Renton core maps. There's the link there which describes, has various mapping features for the project site and family. Finally, Google Earth, which gives us aerials of the project site. So at this part, just want to ask if anyone has any objections to entry of all of these documents. And to the record, if you do just hit the virtual hand at the bottom of your screen or if you're unmuted, just say I object. And the basis would be really whether the documents are relevant or not or whether or not they're authentic or not. So. Alright, hearing you're seeing no objections, I'll go ahead and admit exhibits one through 25. So with that, let's move on to Ms. Ding. Ms. Ding, just raise your right hand. Do you swear or affirm to tell the truth, nothing but the truth in this proceeding? Appendix A -- Grant Place Townhomes Page 3 of 6 Planner Ding (04:10): I do. Hearing Examiner Olbrechts (04:10): Okay, great. Go ahead. Planner Ding (04:13): Excellent. Thank you. I'm going to go ahead and share my screen. I have a PowerPoint prepared. Okay. And start, here we go. Are you guys seeing that okay? Hearing Examiner Olbrechts (04:32): Yes. Ms. Ding (04:33): Excellent. Okay. So good morning. My name is Jill Ding. I am a senior planner here with the City of Brenton. And I am here to present the staff recommendation for the Grant Place Town Homes Project. I just to kind of start off with a brief description. The project site is located on the east side of Grant Avenue South. It's currently addressed at 1504 to 1582 Southeast Grant Circle. I will note that those addresses were assigned under the previous land use approvals. So this is kind of where we get into this being partially built. They have new addresses for the townhomes. It is a 2.14 acre site. It is zoned RMF or Residential Multi-family. And as previously discussed, there were previous land use permits that have since expired. So the site is partially constructed and the applicant is seeking new entitlements in order to continue construction on this site. (05:44): The proposal is 36 three story townhomes on individual unit lots. The proposed lots would range from 843 to 1,112 square feet approximately. And access to the townhomes would be provided via a looped unit lot drive. The site is partially constructed. There are sensitive slopes, a coal mine hazard, moderate landslide hazards, high erosion hazards, and seismic vaults mapped on the project site. Tree removal activities occurred under the previous approvals. There are no trees remaining currently. Oops. Let's see. And front end improvements including curve and gutter. A neighborhood meeting was held on February 28th, 2023. A 14 day notice of application comment ran from August 22nd to September 5th. We did receive one comment from the Duwamish tribe regarding potential archeological resources. No other comments were received. (07:06): A MDNS with three mitigation measures was issued on September 18th by the city's Environmental Review Committee. The first mitigation measure is regarding compliance with the geotech report for project construction. We also have two other mitigation measures. In response to the comments received by the Duwamish tribe. They had requested an Inadvertent Discoveries Plan or IDP to be submitted, and they also requested that they be notified if any archeological resources are discovered on the site. The staff has reviewed the proposal and has found that it is consistent with the relevant comprehensive plan land use policies, as well as the zoning regulations as long as all conditions of approval are complied with. (08:06): Appendix A -- Grant Place Townhomes Page 4 of 6 The variance was requested along the north end of the project site to reduce the required 10 foot site obscuring landscape strip to five feet where it abuts the R eight zone. As you can see, the R eight zone property to the north is APSE transmission line corridor. So staff is in support of the requested variance. A modification was requested to reduce the 20 foot depth requirement for a parking space within a private garage down to 18 feet six inches. The proposed depth is longer than the minimum 16 foot depth that is required within structured parking garages and would also be consistent with previous approvals and would allow construction to continue on the project site. (08:58): A second modification was requested to allow more than nine dwelling units to access off of the proposed unit lot drive to eliminate the landscape strip and to reduce the width of the sidewalk to four feet and to install the sidewalk as a concrete walkway that would be flushed with the asphalt driveway. And you can see where that would be kind of down around the perimeter of the proposed units. The proposal was routed for review. Police and fire prevention staff indicate that sufficient resources exist to furnish services to the proposed development. I did not get a response from the Renton School District, however, I can assume, or we sent two requests for information to the Renton School District. (10:02): I'm assuming that since the project was previously approved and it was found that the schools could accommodate the additional students that would be generated by the proposal that that is still true. We can talk about that later if you have further questions on that. Water and sewer services provided by the city of Renton and improvements would be required along the project's. Frontage dedication of up to one and a half feet is required along Grant Avenue South. For the construction of frontage improvements. The applicant submitted a stormwater site plan report prepared by Fur Engineering. The stormwater detention vault is proposed to detain surface water anticipated to be generated by the proposal. The project is required to comply with the 2022 C Renton surface water design manual. And staff is recommending approval of the grant place townhomes unit lot subdivision as depicted in Exhibit five, subject two 15 conditions of approval. Hearing Examiner Olbrechts (11:20): Great. Planner Ding (11:21): Do you have any questions for me? Hearing Examiner Olbrechts (11:22): Yeah, just a couple quick ones. So when was this approved the first time? Couldn't quite tell from the file number Planner Ding (11:30): Cut out there, Phil. I'm not. Hearing Examiner Olbrechts (11:31): Oh, okay. I was just asking when this project was first approved, the first time, Planner Ding (11:39): The initial approval, the initial file number was 2007. Appendix A -- Grant Place Townhomes Page 5 of 6 Hearing Examiner Olbrechts (11:46): Oh, okay. Planner Ding (11:46): And then there was a subsequent file, I believe that was the planned urban development that was dated in 2015. Hearing Examiner Olbrechts (11:53): Okay. Okay. And in terms of the variance in the modifications, I mean, did they have to apply for the same variances and modifications back in 2007? Do you know? Or was this result of a change in development standards since then? Planner Ding (12:07): So I went back and I looked at the preliminary planned urban development staff recommendation that was previously prepared and those were noted as modifications. Hearing Examiner Olbrechts (12:19): Okay. Okay. Yeah, I was curious. Okay, great. Thank you. But it's consistent. Planner Ding (12:21): Yeah. Hearing Examiner Olbrechts (12:22): Alright. Sounds great. Okay, well let's move on to Applicants. Applicants. Do you want to add anything at this point? You don't have to, but now is your chance. You'll have to unmute yourself it looks like, if you do want to say anything. And Jill, do you know who the applicants are from our participants out there? Planner Ding (12:46): So I see Dean Fur and Jesse Hadley. Dean is the civil engineer and Jesse is the architect. Hearing Examiner Olbrechts (12:53): Oh, okay. And I see Mr. Hadley has unmuted himself. Mr. Hadley, did you want to add anything, Mr. Hadley? But I don't take offense to it. Mr. Hadley (12:59): No, I was just going to say we have no further comments. Hearing Examiner Olbrechts (13:01): Okay, Jill. Alright, let's move on to public comments then. I did see that the neighborhood meeting attracted I think seven people, so it wouldn't surprise me if we've got a couple public members out there. If you want to say something, just click on the virtual hand at the bottom of your screen and then I'll note a call on you. I don't see any takers. Well, Jenny, do you want to, there's your email address. You can see Ms. Cisnero's email address if you want to be heard. And for some reason your virtual hand isn't Appendix A -- Grant Place Townhomes Page 6 of 6 working or something, just email Ms. Cisneros and she'll let me know that you're trying to get in and we'll figure something out. But beyond that, Ms. Ding, any other comments to make? Planner Ding (13:41): No. Hearing Examiner Olbrechts (13:42): Okay. Alright. Well, I'm going to go ahead then and close the hearing. Like I said, if there's somebody out there that wants to say something, just make sure you get an email to Ms. Cisneros. At this point, we'll still take your comments in writing and I'll give staff an applicant a chance to respond. Just make sure to get your written comments in by the end of the day today by five o'clock. And then, like I said, if it's because you weren't able to participate today due to technical reasons, we'll let your email comment come in and give a chance for all the other parties to respond. But beyond that, looks like I have all the information I need and pretty straightforward approval. So we'll get that approval out within the next couple of weeks, barring anything momentous coming in a written email. So thank you all for participating today and we're adjourned for this morning. Have a great day.