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HomeMy WebLinkAboutForest Terrace Preliminary Plat, Street Modification, Critical Areas Variance1 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 PRELIMINARY PLAT, MOD, VAR - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Forest Terrace Preliminary Plat, Street Modification, Critical Areas Variance LUA18-000124,PP,VA,MOD ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSINS OF LAW AND FINAL DECISION SUMMARY The Applicant requests approval for a 25 lot residential preliminary plat, steep slope critical areas variance, and two development standard modifications for a project site located at 2611 Union Ave NE. The applications are approved subject to conditions. Staff recommended Conditions No. 3 and 15 have been revised as mutually agreed upon by the City and Applicant. Condition No. 15 has been independently revised by the Examiner for the reasons identified in Finding of Fact No. 5B1. TESTIMONY City Matthew Herrera, City of Renton Senior Planner, summarized the Staff Report. He noted that there is a lot-line adjustment approval that has been issued that would move the property lines to provide future alignment. There is a hilled area on the site that has 847 trees that would qualify as significant. There would be significant grading on the site, which would result in a series of rockeries and retaining walls. Most would meet the 6-foot height limitation. The Applicant has submitted an application to increase the rockery height to ten feet on two lots. The Environmental Review Committee issued a Determination of Non-Significance with 8 mitigation measures for grading 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 PRELIMINARY PLAT, MOD, VAR - 2 impacts of the site. All rockeries and retaining walls would be certified by a geotechnical engineer along with onsite observation. Mr. Herrera went on to note that the proposed access streets would be stubbed for future connections in the west and north. The Fire Department has required installation of temporary turn-around access. The City has recommended a modified minor arterial section. The Applicant will mitigate storm water per the proposal. There are 138 trees in the right of way. The Applicant has proposed to retain 14% of the trees and has requested replacement planting for the remaining significant trees that will be removed. Staff has recommended a condition to decrease the slope and for third party review of replacement plantings. There are also recommended conditions of approval for other landscaping. The Applicant has requested a critical area variance to cut into a sloped area. A third-party reviewer has identified that the variance proposed would not destabilize the hillside. Regarding Public Notice, the Applicant hosted a neighborhood meeting on December 5, 2017 at the Highlands Neighborhood Library. Two comment letters were received from Mr. Diaz, the neighboring property owner. These were followed up by Staff and the Applicant with written responses and a meeting. A recent comment letter was submitted to the Clerk’s Office regarding concerns over tree replacement, drainage, and clearing and construction standards, all of which are addressed in the staff report. The Environmental Review Committee issued a DNS with 7 mitigation measures. The Applicant requested reconsideration of one measure. The Committee issued a revised DNS with 8 mitigation measures and no appeals were submitted. Regarding Mr. Diaz’ comments on creating a north/south connection, Staff did look at other options for connectivity. Options are limited due to the transmission line and the issue of multiple properties under single ownership to the north. The option suggested by Mr. Diaz would require the Applicant to make too many road improvements since it would require an additional east-west road along the southern property line. Property to the west is a park and to the south is a school, further limiting connection options. The proposed connection was determined to be optimal for maintaining a grid pattern street scape. Applicant Ivana Halvorsen from Barghausen Consultant Engineers, on behalf of Applicant, stated that in general the Applicant concurs with the staff report. Ms. Halvorsen noted the following points: Regarding Condition 3, there is a house across the proposed boundary which must be demolished. The Applicant requests a revision of Condition 3 to state that the demolition be concurrent with plat construction and prior to final plat approval. Regarding Condition 8, the Applicant’s arborist and landscape architect have evaluated the site and determined that viable tree replacement could occur on a 2:4 slope. 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 PRELIMINARY PLAT, MOD, VAR - 3 Applicants request revision of Condition 8 to state that the Applicant will submit plans for slopes, rockeries and retaining walls so that the City and the Applicant can continue to work together for the most optimal solution for replacement plantings. Regarding the stormwater bypass coming from the south by the school, the Applicant wants to clarify that this is an existing drainage course that is being picked up and routed to where it discharges today. There is no change to the drainage pattern. Regarding Condition 15, for the required public cul-de-sac at the west end, the Applicant agrees to comply with the specified street design. The Applicant wanted to clarify what this will look like to address conflicting statements in the advisory memorandum regarding the improvement. The 8-foot planter described in the memorandum will create a 63-foot-wide right of way, instead of the required 55-feet. To address this issue, on the north side of Road A there will be an 8-foot planter, but only a 4 ½ foot planter strip on the south side. Barry Talkington, a licensed professional engineer from Barghausen, stated that from his recollection of the Diaz letter, there was a reference to a drainage course onto the Diaz property, which is the drainage to be discharged behind lot 10. The remainder of the onsite drainage will be either routed to the detention tank or vault, retained for flow control, and then discharged to a downstream drainage course that goes to a creek. To provide their analysis, they made site visits and observed upstream basins, and reviewed topographic maps and aerial photography. Public Comments Marian Vandermay, neighbor, hoped that along the southside of the project that the existing trail would be maintained. It is a place where people walk their dogs down to the powerline. City Rebuttal Matthew Herrera noted that there are no plans to maintain the trail referenced by Ms. Vandermay. It will be part of the Homeowner’s Association tract and it will be up to them if they want to maintain it. The City would not object to keeping the trail. Regarding condition 3, the City is okay with that as revised. Regarding condition 11, the original condition was to revise the grading plans to prevent grading from occurring within the driplines of the trees. That would require a third-party arborist on site to review grading activities and to act as a special inspector to provide reports to the city to demonstrate compliance with the plan. Regarding condition 15, the city is generally in agreement. However, on the south side, no planting 4 ½ foot planting strip would be required. In addition, frontage improvements in the western section must be extended beyond lots 11 and 12 all the way to the property line of the parent lot . There must be a sidewalk/8-foot planter on both north and south sides of Road A 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 PRELIMINARY PLAT, MOD, VAR - 4 Regarding condition 8, the prescriptive 3-6-foot addition in rockeries is an effort to reduce slope. Based on issues of site topography and long-term maintenance for homeowners, Staff feels that those grades should be more level for irrigation purposes and the ability of plants to thrive. Rockeries would reduce planting area but retaining walls would not. A reduced slope is recommended for the benefit of future homeowners. The City is not opposed to a revision but want to clarify the reason for their recommendation. Vanessa Dolbee, Renton planning manager, clarified that the retaining wall code requires a flat terrace between retaining walls to plant vegetation. The City asks that the Applicant evaluate a reduced slope to increase plant stability and to come closer to meet the code than currently proposed, keeping under the code maximum of 6 feet. They are open to looking at other numbers but want to ensure plant survival of replacement plantings. They appreciate the arborist memorandum, but the city does not have an expert to respond. Applicant Rebuttal Regarding condition 15, the Applicant will not provide the 4 ½ -foot planter strip if none is required. Extending the frontage improvement will involve dealing with a considerable grade to the west. They would like the record to state that pavement and sidewalk will be constructed to the maximum western point possible based on existing grades. Regarding condition 8, the Applicant would like the prescriptive height change to be stricken from the condition and that the gradient would be evaluated with the civil plan and there would be discussions between the Applicant and the city. The arborist report is a technical memorandum intended to provide clarity regarding the ability to plant trees on the slope with proper soil amendment and proper tree selection. Regarding the walking path, people walking across private property created a trail to the path under the power lines. It is not the Applicants’ intention to promote public use of that trail. The sidewalk along Road A provides a new pedestrian connection to the power lines. EXHIBITS Exhibits 1-27 listed on page 2 of the November 13, 2018 Staff Report were admitted into evidence during the public hearing. Additional exhibits admitted during the hearing are as follows: Exhibit 28 – Staff Power Point Presentation Exhibit 29 – City of Renton COR maps Exhibit 30 – Applicant’s Proposed Revision to Condition No. 3 Exhibit 31 – Applicant’s Proposed Revision to Condition No. 8 Exhibit 32 – Arborist Memorandum Exhibit 33 – Applicant’s Proposed Revision to Condition 15 Exhibit 34 – Site Plan, detail of Ex. 33 revision 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 PRELIMINARY PLAT, MOD, VAR - 5 Exhibit 35 – Revised Condition 11 FINDINGS OF FACT Procedural: 1. Applicant. Kyle Lublin, Pulte Homes, 3535 Factoria Blvd SE #110, Bellevue, WA 98006. 2. Hearing. A hearing on the application was held on November 13, 2018 in the City of Renton Council City Chambers. 3. Project Description. The Applicant requests approval for a 25-lot residential preliminary plat, steep slope critical areas variance, and two development standard modifications for a project site located at 2611 Union Ave NE. The proposed subdivision would result in an overall density of approximately 2.14 dwellings per net acre. Access to the site would be via Union Ave NE with a new public residential access street extending through the subject property with stubs along the north and western property limits. The Applicant would also construct street frontage improvements along 2611 and 2623 Union Ave NE. Two detention tanks and one detention vault would mitigate stormwater flows. The Applicant has requested a critical areas variance to remove an existing protected slope on the eastern portion of the subject property to construct a section of the new internal public street with the remaining slope proposed to be replaced with a terraced retaining wall. The Applicant has requested a development standard modification for proposed rockeries up to 10 feet in height in the southwestern portion of the subject property. A second modification is requested for frontage improvements along Union Ave NE for a modified minor arterial standard. The City’s Critical Areas map identifies potential regulated slopes on the property. The Applicant has proposed to retain 119 significant trees. 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 will be provided by the City of Renton. Water and sewer mains are available along Union Ave to serve the proposed lots. B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development. 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 PRELIMINARY PLAT, MOD, VAR - 6 C. Drainage. The proposal provides for adequate and appropriate stormwater drainage facilities. The proposal is subject to the 2017 City of Renton Surface Water Design Manual, which requires that the project not generate off-site stormwater flows that exceed predevelopment, forested conditions. City staff have reviewed the Applicant’s preliminary stormwater design and found it consistent with the requirements of the Design Manual. Preliminary stormwater design is documented in a Drainage Plan (Exhibit 6) and Technical Information Report (TIR), dated June 18, 2018, (Exhibit 16) prepared by Barghausen Consulting Engineers. Based on the City of Renton’s flow control map, the site falls under Flow Control Duration Standards (Forested Conditions) and is located within the May Creek drainage basin. The TIR analyzed off-site drainage and the project’s surface water collection and distribution. According to the report, as the site is on a hillside and generally slopes downward to the north, the subject property receives upstream flows from the neighboring Sierra Heights Elementary School to the south. Drainage from the subject property sheet flows from south to north across the site where it is dispersed into the abutting residential lots and eventually flows to existing conveyance systems on SE 95th Way and then into May Creek approximately ¼ mile downstream from the subject property. May Creek eventually drains into Lake Washington north of the City’s Kennydale neighborhood. No evidence of erosion control issues or adverse flooding impacts were observed during the downstream analysis investigation. The Applicant has proposed to install a bypass located within Union Ave NE that collects the storm runoff from the south of the proposed frontage and connects to the northern catch basin. On-site, the Applicant has proposed a stormwater detention vault located on the northeast corner of the subject property. The vault has been sized assuming that no BMP credits will be used for the individual lots. Additionally, the Applicant proposes a detention pipe system within the emergency secondary access road located on the northern portion of the subject property north of Lots 2 and 3. This system shall be sized in accordance with the 2017 City of Renton Surface Water Design Manual. Water quality for the site would be provided via a stormfilter that would be located within the secondary emergency access road north of the detention vault. Treatment would occur prior to discharge into the City’s stormwater system in Union Ave NE. The Applicant would install an 18-inch storm pipe on the west side of Union Ave NE that would carry flows north and discharge into a drainage swale, regraded by the Applicant, approximately 280 linear feet prior to entering an existing catch basin at the intersection of SE 95th Way and eventually flowing into May Creek. 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 PRELIMINARY PLAT, MOD, VAR - 7 The Applicant proposes to construct a conveyance and 50-foot long level spreader or dispersal trench in the rear yard of Lot 10 for existing flows that originate from the contributing basin on the western portion of the abutting Sierra Heights Elementary School. The level spreader would be located in a relatively narrow area between the toe of a retaining wall and the rear property line; therefore, a condition of approval requires that the Applicant’s geotechnical engineer review the proposed dispersion trench location and provide any recommendations necessary to mitigate impacts to the retaining wall or conveyance issues to downstream property owners. D. Parks/Open Space. The proposal provides for adequate and appropriate parks and open space. City ordinances require the payment of park impact fees prior to building permit issuance. City regulations do not require any specific set-aside for open space for residential development in the R-4 zone. In the absence of any specific open space requirements or any demonstrated need for open space, the Applicant cannot be legally required to set aside any open space and it must be determined that the proposal provides for adequate parks and open space through the payment of park impact fees. E. Streets. The proposal provides for adequate and appropriate streets. The proposal has been designed and staff has recommended several conditions adopted by this decision that provide for safe and efficient vehicular and pedestrian circulation by incorporating a well linked and defined pedestrian and vehiculation system on-site that is integrated into adjoining streets and sidewalks. The subject property’s existing frontage is along Union Ave NE, which is classified as a minor arterial. Per the City’s Street Standards, the minimum right-of-way (ROW) width for a minor arterial with four lanes is 91 feet with a paved roadway width of 54 feet that contains four 11-foot wide travel lanes and two 5-foot wide bicycle lanes. An 8-foot wide planter strip with 0.5-foot wide curb, 8-foot wide sidewalk, and 2-foot wide clear space at the back of sidewalk is also standard on both sides of the minor arterial. The existing ROW width along the subject property’s frontage is currently 60 feet, which would require the Applicant to dedicate 15.5 feet of Union Ave NE frontage to construct the half-street improvements. The Applicant has submitted a modification request for a modified minor arterial section along the subject property’s frontage. 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 PRELIMINARY PLAT, MOD, VAR - 8 The arrangement of the proposed subdivision internal street system would support future connections when the abutting properties develop and provides an alignment with the existing NE 27th Pl and Union Ave NE intersection. The north/south Road B would stub along the northern portion of the property. The abutting northern properties are located in unincorporated King County (Renton PAA), are under one party ownership, and are under developed as to the capacity permitted under the County or City’s R-4 density standards. Road B would provide connectivity to a future street network when the northern properties subdivide and develop. Road A traverses east/west along the entire subject property and would stub at the western terminus. There is one large parcel to west (APN 042305-9002) between Road A and SE 96th Pl. The property is located in unincorporated King County (Renton PAA), under one party ownership, and is under developed as to the capacity permitted under the County or City’s R-4 density standards. Road A would provide connectivity to SE 96th Pl when to abutting western property subdivides and develops. Due to emergency vehicle access standards, the Applicant would be required to construct a cul-de-sac near the western limits of the proposed subdivision for required emergency vehicle turnaround purposes. The turnaround would be necessary until such time as the western property constructs a connection to SE 96th Pl. The Applicant’s utility plan ends the street construction at the cul-de-sac radius instead of constructing the residential access street to the terminus of the western property line. As the turnaround will no longer be needed when the western property subdivides staff recommends as a condition of approval that the Applicant submit a revised utility plan with the civil construction permit that extends the residential access street to the western property line resulting in 5-foot wide sidewalk and 8-foot planter strip with curb along the frontage of Lots 10 and 11 and along the southern portion of Road A west of the cul-de-sac. The revised utility plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. The internal street system (Roads A and B) shall be constructed to meet the Residential Access street requirements per the City’s Street Standards. Residential Access streets contain a ROW width of 53 feet with a paved roadway width of 26 feet that contains two 10-foot wide travel lanes and one 6-foot wide parking lane. An 8-foot wide planter strip with 0.5-foot wide curb and 5-foot wide sidewalk is also standard on both sides of the residential access street. Curb-bulbs are required at intersections where on-street parking is located. The on-street parking lane should be located on the opposite side of the fire hydrant locations, north side of Road A, in order to maximize parking availability. The Applicant’s utility plan (Exhibit 5) does not provide the correct Residential Access street 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 PRELIMINARY PLAT, MOD, VAR - 9 section however the 53-foot ROW width is provided. Additionally, the plan does not indicate curb-bulbs at the intersections of Road A and Union Ave NE or Road A and B. Therefore, a condition of approval requires that the Applicant submit a revised utility plan with civil construction permit application that contains the current residential access street cross section for Roads A and B with the parking lane and curb-bulbs located on the opposite side of where the fire hydrants will be installed. The Applicant’s traffic study, Ex. 19, demonstrated no need for any off-site transportation improvements. The proposed project is estimated to generate 281 net new weekday daily trips with 22 net new trips occurring during the weekday AM peak hour (6 in, 16 out) and 26 net new trips occurring during the weekday PM peak hour (16 in, 10 out). The trip generation reflects credit for the existing home that will be removed. The Applicant’s traffic study did a future year level of service (LOS) analysis and found that for future year 2021 AM and PM peak hour conditions at the Union Avenue NE/NE 27th Place study intersection, all controlled movements are expected to operate at LOS B or better in 2021 with the proposed Forest. Based on the results of the LOS analysis, no project- specific off-site transportation mitigation is proposed. However, to mitigate long-term traffic impacts, the City of Renton requires payment of a traffic impact fee. The City’s currently adopted 2017 impact fee rate is $5,430.85 per single family house. Based on the current proposed lot count and credit for the existing home to removed, the net transportation impact fee for the proposed project would be $130,340.40 under current regulations. Those regulations are subject to change and applicable regulations apply when the impacts fees become due under City standards. Tricia and John Diaz submitted comments regarding other potential road connections for the project site. Ex. 26. All possible street connections have been accommodated by the proposal as testified by Mr. Herrera in his response to Examiner questions about potential street connections. Surrounding developed conditions along with the adjoining school property to the south and the power line/park property to the west do not make any other connections possible. F. Parking. The proposal provides for adequate and appropriate parking. Parking regulations require that a minimum of two (2) parking spaces be provided for each detached dwelling. Sufficient area exists, on each lot, to accommodate off-street parking for a minimum of two (2) vehicles. This is typically achieved by providing a two (2) car garage for each single-family home. In addition, the proposed internal residential access street will provide for additional on-street parking. 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 PRELIMINARY PLAT, MOD, VAR - 10 G. Schools. As conditioned, the proposal provides for adequate and appropriate schools and walking conditions to and from school. According to the staff report, it is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Sierra Heights Elementary, Risden Middle School, and Hazen High School. Any new students from the proposed development would be bussed to Risden Middle and Hazen High schools. New elementary school students are within walking distance of Sierra Heights. The stop for both schools is located approximately 0.23 miles from the project site at Union Ave NE and NE 23rd Pl. The proposed project would require the installation of frontage improvements along the Union Ave NE frontage that includes sidewalks and planter strip. Students would walk south along Union Ave NE to reach the bus stop. Existing sidewalks are located on both sides of Union Ave NE with the exception of an approximate 140 linear foot gap along the west site of Union Ave NE between the southern limits of the subject property and Sierra Heights Elementary School. A narrow shoulder with marked fog line is all that exists along this frontage and it would be the direct walking route for elementary school students from the subdivision. Due to this sidewalk gap along Union Ave NE and RCW 58.17.110(1), which requires provisions for planning features that assure safe walking conditions for students, a condition of approval requires that the Applicant submit a safe walking route plan with the civil construction permit for students attending Sierra Heights Elementary School and students walking to their designated bus stop at Union Ave NE and NE 23rd Pl. The plan may include off-site improvements necessary to ensure safe walking conditions for students. The safe walking route plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. A School Impact Fee would be required for the future homes. The current Renton School District Impact Fee is $6,432.00. 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. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. Adequate public facilities and drainage control are provided as determined in Finding of Fact No. 4. Pertinent impacts are more specifically addressed as follows: A. Compatibility. The proposal is compatible with surrounding development. The subject property is bordered by single-family development along the north, east, and west sides of the project site and abuts a public elementary school to the south. With the exception of the school property, the properties in the general vicinity of the subject property are residential low and medium density and are designated R-4 and R-6 by the City and the County. The proposed stormwater facility within the storm drain tract is an underground 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 PRELIMINARY PLAT, MOD, VAR - 11 vault. The perimeter landscaping and grass planted over the top of the vault would provide an amenity to the neighborhood and an attractive buffer. A Stormwater detention pond within the tract would not provide the same level of aesthetic benefits as the proposed vault. Therefore, a condition of approval requires that any proposal to convert the stormwater vault within the tract to a stormwater detention pond be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. B. Tree Retention. The proposal complies with the City’s tree retention standards, thus ensuring that in conjunction with the City’s landscaping requirements that impacts to wildlife habitat and aesthetics are adequately mitigated. An Arborist Report was prepared by Tree Solutions Consulting Arborists dated December 15, 2017 (Exhibit 17) and submitted with the land use application. The report states the site is heavily forested with a total tree inventory of 1,024 trees on the subject property. Of those trees, 138 are located along the alignment of ROW improvements and 39 trees were determined to be dangerous resulting in the subject property containing 847 significant trees. The Applicant has proposed to retain 119 of the site’s 847 significant trees resulting in a retention rate of 14 percent. In order to meet the code required 30 percent retention, the Applicant is required to retain 254 of the site’s significant trees. Trees proposed to be retained are located along the north-central portion and southern area of the subject property within tracts. Trees proposed to be removed are located where grading is proposed to construct the stormwater vault and tank and areas to be prepared for the building pads of the future single-family residences. The Applicant has requested to provide replacement planting for the 135 protected trees (1,620 caliper inches) that would be removed. The Applicant has requested 50 percent credit for those trees that would otherwise be required planting (i.e. street trees, storm drainage facility screening, and minimum tree density plantings). Remaining replacement planting would occur in tree protection tracts B, C, D, and E and within portions of Lots 12-24. As shown on the Preliminary Tree Replacement and Landscape Plan (Exhibit 18), the Applicant proposes to plant 568 3-inch caliper trees. Of those 568 proposed replacement trees, 145 trees would be required planting regardless of the tree retention regulations as they are street trees and trees to meet the minimum tree density requirement. A 50 percent replacement credit may be given for those trees that are required to be planted per the landscaping code. It appears on the landscape plan that most of the lots do not contain the minimum two (2) trees per 5,000 square foot minimum so additional planting would be necessary. Additionally, no storm drainage facility landscaping is shown and the street tree count may change due to utility conflicts that may occur during final engineering design. Therefore, a condition of approval requires that the Applicant submit a revised landscape plan with the civil construction permit application that provides an updated caliper count for those trees counted as required 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 PRELIMINARY PLAT, MOD, VAR - 12 planting such as street frontage landscaping, minimum tree density, street trees, and storm drainage screening. After obtaining 50 percent tree replacement credit for required plantings, the Applicant proposes to replant 3-inch caliper trees within tracts B, C, D, and E and within portions of Lots 12 through 24. The total replacement trees and caliper inches on the landscape plan is 423 and 1,269 inches, respectively. Total replacement tree counts may change due to changes in required tree plantings noted above. Replacement trees consist of western red cedar, Douglas fir, western hemlock, big leaf maple, and vine maple. Tracts B, C, D, and E would contain protected trees, which are both retained and replacements. Deed restrictions, covenants, signage, ownership, and maintenance requirements are set forth in RMC 4-4-130H.2 Tree Protection Tract. Therefore, a condition of approval requires that the Applicant submit Homeowner’s Association (HOA) documents with the final plat application that outline the responsibility for ownership and maintenance for maintaining the tracts, protected trees, fencing, and signage. The Applicant shall also submit permanent and irrevocable deed restrictions on the tracts that prohibits future development. Due to the large number of replacement trees and associated grading to accommodate the plantings, a condition of approval requires that the Applicant submit a surety to ensure the survival of the replacement trees for a minimum of five (5) years. The surety shall include a warranty for each replacement tree and maintenance of the tracts for the five (5) year period. The surety and maintenance specifications shall be executed prior to plat recording. Proposed grading activities occur within and near trees proposed to be retained in Tract E. Therefore, staff recommends as a condition of approval that the Applicant shall submit revised grading plans that removes grading activities within the drip lines of the trees. Due to the close proximity of the proposed grading within Tract E the Applicant shall retain a certified arborist or licensed landscape architect to monitor construction activities near the retained trees and ensure they are protected and/or to prune branches and roots, fertilize, and water as appropriate. Monitoring and other required tree protection measures during construction (RMC 4-4-130H.9) shall be incorporated into the civil construction permit plans to be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 1. Staff Recommended Condition No. 8: City staff and the Applicant disagree over the wording of Staff recommended Condition No. 8, which requires the Applicant to change the height of proposed rockery walls from 3.5 feet to six feet. This decision revises recommended Condition No. 8 to subject the issue to third party professional review and final staff approval during civil review. 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 PRELIMINARY PLAT, MOD, VAR - 13 Disagreement over Condition No. 8 arises from the Applicant’s proposal for replacement trees in Tract E and within portions of Lots 12-24, which are proposed to be tightly planted on engineered 2H:1V slopes. Based in part at least upon past experience with WSDOT efforts to maintain plantings on 2:1 slopes, City staff believe that it is likely to be difficult to establish the proposed density of planting on such a steep slope as soils are likely to slough after planting and irrigation will be challenging with the downward slope. Due to these sloughing and irrigation issues, the City has proposed condition No. 8 to require that the 2:1 slopes proposed by the Applicant be reduced by replacing the proposed 3.5 foot high rockery walls with walls six feet in height. The Applicant opposes this change in rockery height. The Applicant has submitted an arborist report, Ex. 33, that outlines the “plant material appropriate for planting on a slope with 2:1 grade.” Beyond asserting that the recommended plant material is “appropriate,” the arborist does not make any assurances that the recommended planting will not result in any of the irrigation and sloughing problems asserted by the City. The Applicant proposes to revise recommended Condition No. 8 to enable the parties to work out the rockery heights during civil review. Given the lack of concrete evidence from both the City and the Applicant on this issue and the willingness of the Applicant to defer final decision making to staff, the Applicant’s approach as a concept, coupled with third party review, is found to be the most effective resolution for the slope issue and is adopted by this Decision in its revisions to recommended staff condition No. 8. C. Critical Areas. The proposal complies with the City’s critical area regulations and thus is found to adequately mitigate against significant adverse impacts to environmentally sensitive areas. The only critical areas located on the project site are geologically hazardous areas. As conditioned by this decision, the Applicant’s proposed work within these areas will be in conformance with the City’s critical area regulations and for that reason the work is not considered to create any adverse significant impacts. The City’s mapping system has identified potential regulated slopes between 25-40 percent with isolated areas greater than 40 percent and High Erosion Hazard areas. The Applicant’s geotechnical report (Exhibit 10) found the site qualifies as a High Erosion Hazard Area and the soils over most of the site would have a slight to severe potential for erosion when exposed. The report provides recommendations to mitigate these hazards most notably by limiting site clearing and grading activities to dry months which has been included as a SEPA mitigation measure. The report also finds the site meets the Moderate Landslide Hazard and Sensitive Slope criteria with slopes ranging from 15-40 percent across the site and SEPA mitigations measures were incorporated into the DNS-M to have the Applicant comply with all recommendations of current and future geotechnical reports, have the geotechnical engineer review the future construction plans to ensure compliance, and have the Applicant’s geotechnical engineer identify those construction 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 PRELIMINARY PLAT, MOD, VAR - 14 activities where observation on-site by a licensed geotechnical engineer should occur and provide those benchmarks on the construction plans. An isolated protected slope was identified by the Applicant’s geotechnical engineer in an updated report (Exhibit 11) located on the Perkins Property where the new Road A would intersect with Union Ave NE. The City contracted with a geotechnical engineer for peer review of the Applicant’s analysis (Exhibit 12). The Applicant has requested a critical areas variance to remove the protected slope and replace with a two-tiered rockery wall. That variance is approved by this decision for the reasons identified in the Conclusions of Law. The requested steep slope variance would not adversely affect critical areas on adjoining properties. City staff conducted a secondary review (Exhibit 12) of the Applicant’s geotechnical analysis to verify this finding. The City’s third-party reviewer generally agreed with the Applicant’s findings and recommended several additional considerations, which the Applicant’s geotechnical engineer responded (Exhibit 13). The resulting two- tiered rockery that would replace the protected slope would be located on the abutting Perkins property. The SEPA mitigation measures incorporated into the DNS-M document will require the Applicant to have those rockeries reviewed and certified by a geotechnical engineer as part of the civil construction and building permit phase of development to further demonstrate no long term impacts associated with the rockeries would occur. However, the two-tiered rockery is located off-site as the Perkins property is not part of the preliminary plat, therefore a condition of approval requires that the Applicant prepare an agreement with the Perkins property that identifies maintenance responsibilities and any needed easements necessary to maintain the rockery on the abutting 2623 Union Ave NE property. Overall, the requested slope variance would not create or increase a risk to the public health, safety, and welfare, or to public or private property. The Applicant contends their geotechnical analysis indicates that removing the protected slope would improve the stability of the area and that the design and construction of the development would be completed under the recommendation and supervision of a geotechnical engineer. Staff determined that the analysis provided by the Applicant, which was reviewed by an independent third party geotechnical engineer, finds the proposed slope removal can be conducted safely and would be adequately replaced with a two-tiered rockery. Further, the protected slope is an isolated feature in the subject property and not part of a larger geological hazard that would require a setback or buffer. 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 PRELIMINARY PLAT, MOD, VAR - 15 Conclusions of Law 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. The modification requests and variance requests are classified by RMC 4-8-080(G) as a Type I review. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number procedure”. The Type III plat review 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 and issue final decisions on Type III applications subject to closed record appeal to the Renton City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned R4. The comprehensive plan map land use designation is Residential Low Density. 3. Review Criteria/Street/Adoption of Staff Findings and Conclusions on Modification Requests. Chapter 4-7 RMC governs the criteria for subdivision review. The two modification requests identified in Finding of Fact No. 3 are governed by RMC 4-9-250.D. The variance request identified in Finding of Fact No. 3 is governed by RMC 4-9-250C9. 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. The findings and conclusions of Finding No. 25 and 26 of the staff report are adopted to conclude that the proposal meets the criteria for the requested street and rockery wall development standard modifications. Subdivision RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. As to compliance with the Zoning Code, Finding 20 and 21 of the staff report is adopted by reference as if set forth in full. Each proposed lot will access a public road as depicted in the preliminary plat map, Ex. 4. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems as it is not 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 PRELIMINARY PLAT, MOD, VAR - 16 located in a floodplain critical area and will be served by adequate and appropriate drainage facilities. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. RMC 4-7-080(I)(1): …The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards… 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding 19 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 single internal roads connect to Union Avenue as required by the criterion quoted above. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. City staff have reviewed the proposal for consistency with City road plans and found the proposed roads to be consistent. 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. There are no officially designated trails in the vicinity of the project. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. 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 PRELIMINARY PLAT, MOD, VAR - 17 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 land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and the only critical area encroachment (steep slopes) is authorized through the critical areas variance approved by this decision. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. No lots primarily composed of steep slopes will be created by the subdivision. See Ex. 6. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the subdivider’s dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 10. City ordinances require the payment of park impact fees prior to building permit issuance. As determined in Finding of Fact No. 4, the payment of impact fees and the proposed tree retention tract provide for all the open space and park space that can be required by City ordinances. 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 PRELIMINARY PLAT, MOD, VAR - 18 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. All possible street connections have been accommodated as determined in Finding of Fact No. 4E. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. As conditioned. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. There is no intersection with a public highway or major or secondary arterial. Union Avenue, the only currently proposed connection to an existing street, is a minor 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. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards and acceptable street alignment. . RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-M and Policies CD-50 and CD-60. 3. Exceptions: 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 PRELIMINARY PLAT, MOD, VAR - 19 a. The grid pattern may be adjusted to a “flexible grid” by reducing the number of linkages or the alignment between roads, where the following factors are present on site: 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. As determined in Finding of Fact No. 4E, no additional street connections can be accommodated due to existing developed conditions. As shown in the preliminary plat cover sheet, Ex. 3, the alignment of Road A has been maximized to provide for a grid system and road connectivity by placing it in a position to serve as an extension of both SE 96th Pl and NE 27th Pl. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 16. As proposed except for the street modification approved by this decision. RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. 17. The criterion is met. Road A and B are extended to the plat boundary lines and Road A will be improved with a temporary turn around as required by the criterion quoted above. 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 PRELIMINARY PLAT, MOD, VAR - 20 RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 18. As depicted in the plat maps, the side lines are generally in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 19. As previously determined, each lot has access to a public street. RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. 20. As previously determined, the proposed lots comply with the zoning standards of the R4 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). 21. As shown in the plat maps, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 22. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 23. There are no significant on-site natural features. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed 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 PRELIMINARY PLAT, MOD, VAR - 21 eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 24. As conditioned. RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full-width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 25. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City’s stormwater standards, which are addressed in the Applicant’s technical information report 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. 26. These requirements will be imposed during engineering review for final plat approval. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 27. As conditioned. RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to 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 PRELIMINARY PLAT, MOD, VAR - 22 final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. As conditioned. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 29. As conditioned. Variance RMC 4-9-250(C)(9): Special Review Criteria – Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: For variance requests to alter steep slopes over forty percent (40%) or greater and very high landslide hazard areas and their associated setbacks, the following criteria shall apply: a. The variance granted is the minimum amount necessary to accommodate the proposal; and 30. In order to comply with the City’s subdivision standards, the proposed variance is the minimum necessary to accommodate the proposal. As outlined in Conclusion of Law No. 15, City subdivision standards encourage a street grid system and connectivity and the only way to accomplish that required connectivity to NE 27th Pl is with the proposed Road A alignment through the steep slopes. RMC 4-9-250(C)(9)(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; and 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 PRELIMINARY PLAT, MOD, VAR - 23 31. As noted in the staff report, the Applicant has explored alternative concepts via the preapplication meeting and application prescreening process with the City. By not removing the protected slope an additional intersection would be added to Union Ave NE that would not align with NE 27th Pl. contributing to additional vehicle turning movements instead of consolidating the movements into one intersection. Further, the proposed alignment would create a connection between existing street systems, which is required by the City’s subdivision standards as addressed in Conclusion of Law No. 15. RMC 4-9-250(C)(9)(c): The proposal does not adversely impact geological hazards or other critical areas on adjacent properties; and 32. The proposal will not adversely affect critical areas on adjoining properties for the reasons outlined in Finding of Fact No. 5C. RMC 4-9-250(C)(9)(d): The need for the variance is not the result of actions of the Applicant or property owner; and 33. The need for the variance is solely due to the presence of the steep slopes in an area that must be developed with Road A in order to satisfy the City’s street connectivity standards. These issues are not the result of actions by the Applicant or property owner. RMC 4-9-250(C)(9)(e): The proposal does not create or increase a risk to the public health, safety, and welfare, or to public or private property; and 34. The criterion is met for the reasons outlined in Finding of Fact No. 5C. RMC 4-9-250(C)(9)(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 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. 35. The DNS-M has incorporated mitigation measures that would require all three (3) above referenced conditions of approval. Additionally, the DNS-M limits clearing and grading of the subject property to dry season construction months between May 1 to September 30 and requires certification of all rockeries and retaining walls regardless of height. 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 PRELIMINARY PLAT, MOD, VAR - 24 DECISION The proposed preliminary plat, variance and two modifications as identified in Finding of Fact No. 3 comply with all the development standards quoted above for the reasons identified in the conclusions of law and are therefore approved subject to the following conditions of approval: 1. The Applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 15, 2018. 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, Protected Slope Analysis, and Response to GeoEngineers Secondary Review Comments prepared by Terra Associates Inc. dated July 19, 2017, June 18, 2018, and August 14, 2018, respectively, and any future addenda to such reports. c. The Applicant’s geotechnical engineer shall review the project’s 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 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 on-site by a licensed geotechnical engineer should occur. Those identified activities shall be clearly stated on the construction plans to be submitted for review and approval by the Civil Plan Reviewer. e. The Applicant’s geotechnical engineer shall seal and certify all rockeries and retaining walls regardless of height on the construction plans and provide long term maintenance recommendations for future homeowners. f. If any utilities are constructed east and parallel of the centerline within Union Ave NE along the subject property’s frontage, the Applicant shall restore the Union Ave NE roadbed (curb to curb) along the subject property’s frontage to current City Standards prior to final plat recording. g. If utilities are only constructed west and parallel of the centerline within Union Ave NE along the subject property’s frontage, the Applicant shall restore the gaps, if found to not meet City standards, between the trench restorations west and parallel of the centerline to current City standards prior to final plat recording. h. The Applicant shall video the approved haul route prior to the beginning of construction to identify the existing condition of the roadway. Following the completion of plat infrastructure, the Applicant shall video the haul route again and identify the post construction condition of the roadway. The Applicant shall repair the roadway to a condition equal or better to the condition of the initial video. Repairs to the haul route shall be completed by the Applicant and reviewed and approved by the civil plan reviewer prior final plat recording. 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 PRELIMINARY PLAT, MOD, VAR - 25 2. The Applicant shall submit a document with the final plat application to be on title notifying future owners of the presence of a gas pipeline in the vicinity and advising contact with the pipeline owner before and ground disturbance. The document shall first be reviewed and approved by the Current Planning Project Manager. The Applicant shall then record the documents with the King County Recorder’s Office for each affected lot prior to their respective building permit issuance. 3. The Applicant shall remove the existing single-family residence and any outbuildings located on the subject property at 2611 Union Ave NE concurrent with plat construction and prior to final plat approval. 4. The Applicant shall submit a revised detailed landscape plan with the civil construction permit application that identifies the street frontage landscaping buffer for each lot that includes a mixture of trees, shrubs, and groundcover to be reviewed and approved by the Current Planning Project Manager. 5. The Applicant shall submit a revised detailed landscape plan with the civil construction permit application that identifies the utilities and lighting in the planter strips, provides a minimum of one (1) tree per lot with a maximum separation of 30 feet on-center for those areas not encumbered by driveways and/or utilities, and relocation of the street trees for Lots 12 and 13 into their respective front yards should the Applicant decide to remove the planter strip from the cul-de-sac. Additionally, the revised landscape plan shall provide root barrier systems within the planter strip to impede tree roots from buckling the abutting sidewalks. The revised landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 6. The Applicant shall submit a revised landscape plan that provides a landscape screen around the east, south, and west perimeter of the vault consisting of trees, shrubs, and groundcover. The revised landscape plan shall also provide specifications for aesthetic treatment of the exposed vault wall along the northern perimeter of the vault in lieu of providing a substantive landscape screen. The treatment shall be a veneer surface attached to the vault 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. The revised landscape plan shall be reviewed and approved by the Current Planning Project Manager prior construction permit issuance. 7. The Applicant shall submit a revised landscape plan with the civil construction permit application that provides an updated caliper count for those trees counted as required planting such as street frontage landscaping, minimum tree density, street trees, and storm drainage screening. The revised landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 8. The Applicant shall submit revised grading and landscape plans to be reviewed and approved by the Current Planning Manager that include detailed sheets of the proposed rockeries. The revised plans shall include details of split-rail fencing surrounding the tracts, fencing, irrigation, and long term maintenance instructions for future homeowners. Any remaining caliper inches required for tree replacement that cannot be provided on-site shall be satisfied via payment of a fee-in-lieu payment into the City’s Urban Forestry Program. Tree replacement and/or fee-in-lieu payment shall occur prior to final plat recording. The revised 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 PRELIMINARY PLAT, MOD, VAR - 26 landscape plans shall undergo independent secondary review by a certified arborist, funded by the Applicant, to ensure the proposed spacing and graded conditions are suitable for the proposed replacement planting. The independent review shall specifically address whether the height of the proposed rockeries should be increased to reduce the slope of the planting area to mitigate against potential problems in sloughing soils, irrigation and plant stability/viability. The report should specifically identify any changes in rockery height or other mitigation necessary to assure adequate soil stability and irrigation. The recommendations of the arborist report may be imposed by the Current Planning Manager as found necessary to assure adequate soil stability and irrigation. All proposed planting slopes shall be consistent with City regulations or be approved by variance and/or modification as applicable. 9. The Applicant shall submit Homeowner’s Association documents with the final plat application that outline the responsibility for ownership and maintenance for maintaining the tracts, protected trees, fencing, and signage. The Applicant shall also submit permanent and irrevocable deed restrictions on the Tracts that prohibits future development. The HOA documents and deed restrictions shall be reviewed and approved by the Current Planning Project Manager prior to recording with the King County Recorder’s Office with the plat. 10. The Applicant shall submit a surety to ensure the survival of the replacement trees for a minimum of five (5) years. The surety shall include a warranty for each replacement tree, temporary irrigation system, and maintenance of the tracts for the five (5) year period. The surety and maintenance specifications shall be executed prior to plat recording. 11. The Applicant shall submit revised grading plans that removes grading activities within the drip lines of the trees. Due to the close proximity of the proposed grading within Tract E, the Applicant shall retain a certified arborist or licensed landscape architect to monitor construction activities near the retained trees and ensure they are protected and/or to prune branches and roots, fertilize, and water as appropriate. Monitoring and other required tree protection measures during construction (RMC 4-4-130H.9) shall be incorporated into the civil construction permit plans to be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 12. The Applicant shall submit revised landscape plans with the civil construction permit application that provides trees, shrubs, and ground cover planting between the lock and load retaining wall terraces with detail sheets of the wall materials. The revised landscape plans shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 13. The Applicant shall submit revised grading and landscape plan with the civil construction permit application that provides a minimum setback of three feet from the right-of-way for the proposed rockeries located on the Perkins property at 2623 Union Ave NE. The setback shall be landscaped with trees, shrubs, and groundcover. Detail sheets of the proposed rockeries shall be provided with the plans. The revised plans shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 14. The Applicant shall submit a color palette for each new single-family home be submitted with the final plat application. The color palette shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. 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 PRELIMINARY PLAT, MOD, VAR - 27 15. The Applicant shall resubmit a revised plat plan with the civil construction permit application that identifies the cul-de-sac as a public street designed per the City’s Street Standards. The revised plat plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. The cul-de-sac on the western portion of the property shall have a minimum paved radius of forty five feet (45’) with a right-of-way radius of fifty feet (55’) for the turnaround (RMC 4-6-060H4). The north side of the cul-de-sac bulb shall be designed with an 8-foot planter strip and 5 foot sidewalk to the western property line. The south side of the cul-de-sac shall be designed with a 5 foot sidewalk to the western property line but will not have to include a planter strip. Staff are authorized to authorize the cul-de-sac improvements to fall short of the western property line to the extent that staff finds a complete extension infeasible and consistent with applicable development standards. 16. The Applicant shall submit a revised utility plan with civil construction permit application that contains the current residential access street cross section for Roads A and B with the parking lane and curb-bulbs located on the opposite side of where the fire hydrants will be installed. The revised utility plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 17. Any proposal to convert the stormwater vault within Tract A to a stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. 18. The Applicant shall prepare an agreement with the Perkins property that identifies maintenance responsibilities and any needed easements necessary to maintain the rockery on the abutting 2623 Union Ave NE property. Documentation of this agreement shall be reviewed and approved by the Current Planning Project Manager prior to plat recording. 19. The Applicant shall submit a revised utility plan with the civil construction permit that extends the residential access street to the western property line resulting in 5-foot wide sidewalk and 8-foot planter strip with curb along the frontage of Lots 10 and 11 and along the southern portion of Road A west of the cul-de-sac. The revised utility plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 20. The Applicant shall submit an individual landscape plan package with the single-family building permits for Lots 12 and 13 prepared by a licensed landscape architect that provides view obscuring plantings consisting of evergreen shrubs and trees along the base of the rockery sections greater than 10 feet in height. The landscape plans shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 21. The Applicant shall submit a safe walking route plan with the civil construction permit application for students attending Sierra Heights Elementary School and students walking to their designated bus stop at Union Ave NE and NE 23rd Pl. The plan may include off-site improvements necessary to ensure safe walking conditions for students. The safe walking route plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 22. The Applicant’s geotechnical engineer shall review the proposed dispersion trench location within the rear yard of Lot 10 and provide any recommendations necessary to mitigate impacts to the retaining wall or conveyance issues to downstream property owners. The geotechnical analysis of the dispersion trench shall be submitted with the civil construction 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 PRELIMINARY PLAT, MOD, VAR - 28 permit application and reviewed and approved by the Current Planning Project Manager prior to permit issuance. 23. All road names shall be approved by the City. 24. 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. 25. Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. All other lot corners shall be marked per the City surveying standards. The subdivider shall install all street name signs necessary in the subdivision. 26. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Public Works Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 27. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 28. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). DATED this 3rd day of December, 2018. City of Renton Hearing Examiner Appeal Right and Valuation Notices 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 PRELIMINARY PLAT, MOD, VAR - 29 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications subject to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the decision. A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal period. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.