HomeMy WebLinkAboutSapphire on Talbot Preliminary Plat, Administrative Site Plan, Administrative Conditional Use1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Sapphire on Talbot
Preliminary Plat, Administrative Site
Plan, Administrative Conditional Use,
and Street Modification.
LUA18-000665, PP, SA -A, CU-A,
MOD
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND FINAL DECISION
SUMMARY
The Applicant requests consolidated preliminary plat approval, site plan approval, conditional use
approval and a street modification for a 20-lot subdivision for the construction of multi -family
residential units at 4827 Talbot Rd S. The proposal is approved subject to conditions.
TESTIMONY
Clark Close, City of Renton Senior Planner, summarized the staff report. In response to examiner
questions, Mr. Close confirmed that the residential lots to the east of the project were buffered by
trees located on undeveloped hillsides. Mr. Close clarified that the reference to S 48th St. in staff
recommended Condition No. 8 should be S 48th Court. He also requested that Condition No. 8 be
modified to require that Lot 15 should take access from the stormwater access, located west of Lot 15.
In response to the Applicant's request to modify staff recommended Condition No. 10, Mr. Clark
recommended that Condition No. 10 be revised to state as follows:
The proposed stormwater vault within Tract A shall either be located entirely below
ground or meet open space standards. Otherwise the stormwater vault will be located in
a separate stormwater tract. Engineered construction plans shall be submitted at the time
of Construction Permit review for review and approval.
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Chad Allen, Applicant's representative, stated that the Applicant concurs with the staff
recommendations, including Condition No. 10 as revised during the hearing.
EXHIBITS
Exhibits 1-29 listed on page 2 of the February 12, 2019 Staff Report, in addition to the Staff Report
itself (Ex. 1), were admitted into evidence during the public hearing. Additional exhibits admitted
during the hearing are the following:
Exhibit 30 Staff Power Point
Exhibit 31 City of Renton COR Maps
Exhibit 32 Google Earth (aerials of project site and vicinity)
Exhibit 33 Letter from Chad Allen to Clark Close dated February 12, 2019
FINDINGS OF FACT
Procedural:
1. AApplicant. The Applicant is Tom Redding, Encompass Engineering & Surveying, 165
NE Juniper St, Suite 201, Issaquah, WA 98027.
2. Hearing. A hearing on the application was held on February 12, 2019 in the City of Renton
City Council Chambers.
3. Project Description. The Applicant requests consolidated preliminary plat approval, site plan
approval, conditional use approval and a street modification for a 20-lot subdivision for the
construction of multi -family residential units at 4827 Talbot Rd S. The Applicant is proposing two -
and three -unit buildings with an increase in the maximum wall plate height up to 32 feet on the site.
The 1.69-acre site is located along Talbot Rd S at S 48th St. In addition to the 20 fee simple lots, the
Applicant is proposing a 13,130 square foot open space/tree retention/stormwater tract, a 20-foot
wide north -south alley, and a 47 to 53-foot wide east -west public road through the property. The
residential lots would range in size from 1,620 square feet to 2,775 square feet with an average lot
size of 1,989 square feet and a density of 15.2 dwelling units per net acre. The existing single-family
home and accessory buildings would be demolished. Access to the project would be from Talbot Rd
S and vehicular access to some of the lots would be provided from the internal alleyway. The site
contains 71 significant trees and the project is proposing to retain four (4) trees and replant the site
with more than 50 new trees.
The Applicant is proposing an Administrative Conditional Use Permit in order to increase the
maximum wall plate height from 24 feet to a maximum of 32 feet for the proposed two- and three -
unit buildings.
The Applicant also requests a street modification to reduce street dedication width requirements. To
meet the City's complete street standards for frontage improvements to Talbot Road S, a minimum
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right of way dedication of 17 feet would be required. The Applicant is requesting a street
modification to maintain the existing street section which includes a paved roadway width of 44 feet,
this would result in a reduced ROW dedication down to 10.5 feet.
The Applicant requests site plan approval because site plan review is required for all development
projects in the R14 zone per RMC4-9-200(B)(2)(a).
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer service will be provided by the City of
Renton. There is an existing 12-inch City water main and an 8-inch sewer main
located in Talbot Rd S. There is also an existing 8-inch sewer main located in the
neighboring property to the southwest and in S 48th St.
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
resources exist to furnish services to the proposed development so long as code required
fire impact fees are paid.
C. Drainage. The proposal provides for adequate stormwater drainage facilities. The
proposal is subject to the City's 2017 City of Renton Surface Water Design Manual,
which requires that the project not generate off -site stormwater flows that exceed
predevelopment, forested conditions. City staff have reviewed the Applicant's
preliminary stormwater design and found it consistent with the requirements of the
Design Manual.
The Applicant's preliminary stormwater system design is detailed in Exhibit 11, the
Applicant's Preliminary Technical Information Report, prepared by Encompass
Engineering and Surveying, dated October 29, 2018. Project water quality treatment
would consist of conveyance to a combined water quality/detention vault. A surface
water development fee of $0.718 per square foot of new impervious surface would apply.
D. Parks/Open Space. The City's design standards applicable to R14 development of four
or more dwelling units require 350 square feet of open space per dwelling unit. The
Applicant is proposing more than a one quarter acre of common open space and
recreation space onsite, which exceeds this requirement. The Applicant will also be
required to pay a parks impact fee at the time of building permit issuance.
More specifically on proposed open space, the Applicant is proposing approximately
13,130 square feet of common open space within a combined stormwater/open space/tree
retention tract (Tract A). That equates to roughly 656.5 square feet per unit. The
Applicant has provided clear connections from each unit to the amenity space. The open
space also serves as a stormwater detention tract and a tree retention tract. The open space
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has been designed as lawn with some retained trees and some new replacement trees. The
open space is highly visible from the eight (8) dwelling units that abut the common open
space. The open space is accessible to pedestrians from S 48th Ct via a 20-foot wide pipe
stem with a twelve -foot (12') wide asphalt access driveway (servicing the stormwater
vault) from the west side of the development or from a second sixteen -foot (16') wide
connection that includes a five-foot (5') wide sidewalk between the rear lot of Lot 12 and
the side yard of Lot 13. The Applicant is proposing a two -foot (2') larger side yard
setback on the north side of Lot 10 and along the south side of Lot 11 to provide a
somewhat larger view corridor from the interior alley to the common open space. A
condition of approval requires that the Applicant increase the minimum side yard
setbacks for the unattached side yards of proposed Lot 10 and Lot 11, from 4 feet (4') to
six feet (6'), in order to increase visibility of the open space from the alley. If fences are
proposed within this designed open space view corridor, they shall be limited to a
maximum of 48" above finished grade.
Tract A is located in on the flattest portion of the site. The proposed open space lacks
specific park amenities, such as a pea -patch, picnic areas, defined space for recreational
activities, a place to sit and watch games, waste receptacles, play structure, play field, etc.
A condition of approval requires that the Applicant provide a more detailed landscape
plan that identifies programmed recreation areas and amenities.
E. Streets and Circulation. The proposal provides for adequate streets. Public works staff
have reviewed the proposal and have found it for this stage of plat review to meet all
applicable road design standards. More detailed staff review will be conducted for final
plat review. The proposed project passes the City of Renton Traffic Concurrency Test per
RMC 4-6-070.13 (Exhibit 25). As a result, public works staff have determined that the
proposal would provide for safe circulation and adequate traffic mitigation and facilities.
Based upon the test of the citywide Transportation Plan, consideration of growth levels
included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation
Fees, and an application of site -specific mitigation, the development meets City of
Renton concurrency requirements.
Primary access to the site would be provided via a new modified limited residential
access street until it meets the supplemental alleyway before widening to a full residential
access street (S 48th Ct). The alleyway crosses the residential access street and spans the
full length of the property, as shown in the preliminary plat plan. The Applicant is
proposing a reduced street section for a portion of the new public road, as identified in the
modification request', thereby eliminating street parking along the subdivision entrance
1 This language is taken from the staff report at p. 22, which suggests that the Applicant is requesting a street
modification for the new internal public road proposed for the subdivision. The only modification request identified
in the staff report and in the exhibits is for a reduction in the dedication width required for Talbot Road S, not the
internal public road. If the Applicant is in fact also requesting a modification to design standards for the internal
road, that modification request will have to be addressed separately by staff as a decision separate from this
consolidated review.
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for a distance of approximately 100 feet. Thus, the proposed roadway would maintain a
variable ROW width that begins with a narrower ROW width east of the alley before
widening to the standard 53 ROW width west of the alley. The new road and alley would
create an on -site intersection that could potentially serve as a hammerhead turnaround for
emergency services access. The Applicant will be required to construct frontage
improvements within the public ROW along Talbot Rd S and S 48th Ct. Per RMC 4-6-
060.F.2 the minimum design standards for residential alleys includes 16 feet of ROW
width with 12 feet of paved roadway. The Applicant is proposing a paved alley ROW
width of 20 feet. Those portions of the alley not required for fire access roads or required
to meet the dead-end streets minimum turnaround requirements could be reduced to the
minimum design standards for an alley, provided adequate sight distances are met at the
new intersections and if all conditions of approval are met.
A Trip Generation Report (TGR) was prepared by DN Traffic Consultants, dated
September 28, 2018 (Exhibit 15), and submitted with the land use application. The site
generated traffic volumes were calculated using data from the Institute of Transportation
Engineers (ITE) Trip Generation Manual, IOth Edition. The TGR estimates the project to
generate 133 daily trips, eight (8) AM peak trips and eleven (11) PM peak trips. The
existing single-family residence is estimated to generate six (6) daily trips, one (1) AM
peak trip and one (1) PM peak trip. Deducting these trips from the estimated trips for
Sapphire on Talbot results would result in a total of 127 daily trips, seven (7) AM peak
hour and ten (10) PM peak hour trips. According to City staff s calculated projections, the
proposed development would average 101 new daily vehicle trips, nine (9) weekday peak
hour AM vehicle trips (with seven (7) vehicles leaving and two (2) vehicles entering the
site) and thirteen (13) weekday peak hour PM vehicle trips (with eight (8) vehicles
entering and five (5) vehicles existing the site). Per City of Renton guidelines, a Traffic
Impact Analysis (TIA) is only required for projects that generate 20 or more trips in either
the AM or PM peak hour. Both calculations described above resulted in fewer than 20 or
trips in either the AM or PM peak hour, thus a full TIA would not be required for this
project. However, an updated TGR with the Civil Construction Permit Application would
be required for review and approval by the Development Engineer, given that the values
provided in the table do not appear to match values generated based on the 1 Oth edition of
the ITE Manual. These traffic volumes should be checked and verified by the traffic
consultant prior to submittal.
It is not anticipated that the proposed project would adversely impact the City of Renton's
street system subject to the payment of code -required impact fees and the construction of
code -required frontage improvements (Exhibit 19). The 2019 transportation impact fee
for duplexes is $4,064.56. The transportation impact fee, as determined by the Renton
Municipal Code at the time of building permit issuance shall be payable to the City.
The proposal provides for desirable transitions and linkages between uses, streets,
walkways and adjacent properties. There are several reasons for this determination. The
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proposed internal alley ways and public street abut all four property lines, enabling
connections to future development on adjoining parcels. Public pedestrian sidewalks are
provided throughout the surrounding neighborhood. The sidewalks connect to the internal
sidewalks of the development, which are located in a logical route throughout the
development. The proposed development would be required to have an entry walkway
between the abutting five-foot wide public sidewalk and the front door of each unit. The
required walkway is required to be a minimum of three feet (Y) and a maximum of four
feet (4') wide. To further enhance pedestrian connectivity, each lot fronts onto a
residential access street (Talbot Rd S or S 48th Ct) or a common green space (Tract A).
F. Parking. Sufficient area exists, on each lot, to accommodate required off street motor
vehicle parking for a minimum of 1.6 vehicles per dwelling unit as required by City code.
The Applicant exceeds the parking standard by proposing two car garages for each unit
lot.
As to bicycle parking, no bicycle parking is referenced on the site plan, architectural
elevations or the unit floor plan (Exhibit 27). Based on the proposal for 20 units, ten (10)
bicycle parking spaces are required. Therefore, a condition of approval requires that the
Applicant submit revised plans with the building permit application identifying the
location of code compliant bicycle parking meeting the standards of RMC 4-4-080.F.11,
which identifies a bicycle parking stall on ten (10) of the 20 proposed lots.
G. Schools. The proposal provides for adequate and appropriate schools and walking
conditions to and from school. It is anticipated that the Renton School District (RSD) can
accommodate any additional students generated by this proposal at the following schools:
Benson Hill Elementary, Nelsen Middle School and Lindbergh High School (Exhibit 24).
According to the Executive Director of the Renton School District, any new students
from the proposed development would be bussed to their respective schools. The future
bus stop to Benson Hill Elementary School would be at 4907 Talbot Rd S, approximately
0.06 miles south of the project site. The proposed project would install new sidewalks
along Talbot Rd S and S 48th Ct that would tie into existing sidewalks along the west
side of Talbot Rd S. Nelsen Middle School's bus stop is located at Talbot Rd S and S
46th PI, approximately 0.12 miles north of the project site. Students attending Lindbergh
High School would be picked up at 5301 Talbot Rd S, approximately 0.28 miles south of
the subject site. Existing sidewalks are provided on the west side of Talbot Rd S between
the proposed development and the designated bus stops. Therefore, a safe walking route
exists for all school age students who would walk to the designated bus stops.
A School Impact Fee, based on new single-family lots, will be required in order to
mitigate the proposal's potential impacts to the RSD. The fee is payable to the City as
specified by the Renton Municipal Code. The 2019 RSD school impact fee is assessed at
the rate of $2,455.00 per multi -family dwelling unit.
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H. Refuse and Recycling. RMC 4-4-090 sets the standard for adequate refuse and recycling
facilities. Specifically, RMC 4-4-090(D)(1)(a) requires a minimum of 1.5 square feet of
refuse and recyclable space per dwelling unit for multi -family developments. No refuse
and recycling deposit areas are indicated on the submittal plans. Compliance with the
requirement for refuse and recyclables in RMC 4-4-090 would be verified at the time
construction permit review and is made a condition of approval.
I. Landscaping. As conditioned, the proposal complies with the City's landscaping
standards. The City's landscape regulations (RMC 4-4-070) require a 10-foot landscape
strip along all public street frontages. Additional minimum planting strip widths between
the curb and sidewalk are established according to the street development standards of
RMC 4-6-060. The Applicant submitted a conceptual landscape plan (Exhibit 5) that
includes an eight -foot planter strip between the sidewalk and curb along Talbot Rd S and
along the property frontages of S 48th Ct. A condition of approval requires that the
Applicant provide a minimum of ten feet (10') of on -site landscaping along all public
street frontages and a final detailed landscape plan, consistent with RMC 4-8-120 and
RMC 4-4-070, must be submitted to and approved by the Current Planning Project
Manager prior to issuance of construction permits.
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with
the proposal. Adequate public facilities and drainage control are provided as determined in Finding
of Fact No. 4. Pertinent impacts are more specifically addressed as follows:
A. Compatibility. Surrounding properties on all sides are zoned for R14 development, the
same zone applicable to the project site. Off -site trees and landscaping fully buffer the
project from single-family development located to the east and north and on -site
landscaping partially buffers the project site to the west and south. Since the proposal is
consistent with use and density requirements of the R14 zone and is largely buffered from
adjoining uses by landscaping and trees, it is found to be fully compatible with adjoining
uses.
B. Tree Retention. Tree retention enhances compatibility and as proposed is consistent with
the City standards. The City's adopted Tree Retention and Land Clearing Regulations (4-
4-130) require the retention of 20 percent of trees in a residential development.
Additionally, for multi -family development in the R14 zone, the minimum tree density is
four (4) significant trees for every five thousand (5,000) square feet. The tree density may
consist of existing trees, replacement trees, required street frontage trees, or a
combination thereof. To comply with these standards, the Applicant submitted an
Arborist Report that was prepared by American Forest Management, dated July 9, 2018
(Exhibit 12). Per the Tree Cutting and Land Clearing Plan, nearly all vegetation is
proposed to be removed or altered during construction (Exhibit 6), with the exception of a
few significant trees that are proposed to be retained. The Arborist Report listed 71
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significant on -site trees. The report concluded that 18 trees were exempt from retention
standards, resulting in a total of 53 viable trees on -site. Therefore, the Applicant would be
required to retain at least eleven (11) of the possible 53 viable significant trees on -site or
provide replacement trees. After tree deductions (dangerous trees, trees proposed in
public streets, and/or trees proposed in private access easements/tracts), the Applicant is
proposing to retain four (4) trees within the stormwater/open space/tree retention tract
(Tract A) or seven (7) fewer than the amount required by code. A condition of approval
requires that the Applicant submit a revised tree retention plan showing at least eleven
(11) significant trees retained, to meet the minimum requirement of twenty percent (20%)
retention. Alternatively, the Applicant may submit a letter from a certified arborist with
an explanation as to why at least twenty percent (20%) of the significant trees are unable
to be retained, subject to concurrence by the Current Planning Project Manager.
C. Critical Areas. There are no critical areas on -site. A Geotechnical Engineering Study,
prepared by Migizi Group, Inc. dated October 11, 2017 (revised August 30, 2018; Exhibit
10), was submitted with the preliminary plat application materials. Per the submitted
report, no evidence of geologically hazardous or steep slope critical areas were identified
on the project site. A Wetland Reconnaissance, prepared by The Watershed Company
(dated June 11, 2015; Exhibit 13) and a Wetland Reconnaissance Letter, prepared by
Sewall Wetland Consulting, Inc. (dated May 6, 2016; Exhibit 14), was also submitted
with the project application. According to the wetland consultants the site is absent of
wetlands and surface water bodies on or in the immediate vicinity and any future
redevelopment of the subject property would be unencumbered by any potentially -
regulated wetlands, fish and wildlife habitat, and/or associated buffers.
D. Noise, light and glare. The proposal will not create any significant noise light or glare
impacts. The Applicant acknowledges that the development has the potential to increase
noise, light and glare; however, the new development would be consistent with that of
any other residential development. The Applicant further acknowledges that the increased
building height has the potential to increase light and glare from upper windows and that
these impacts could be limited by implementing an adequate landscaping plan. Staff has
reviewed the proposal and concurs that, if all conditions of approval are complied with,
then the proposal would not result in adverse noise, light, and glare impacts to the
surrounding neighborhood.
E. Views. As much as can be ascertained from the record, there are no view corridors to
shorelines, Mt. Rainier or any other significant features that would be impaired by the
proposal. As shown in Google Earth aerial photographs, Ex. 32, the project site is too far
from any shoreline to be within a shoreline view corridor. There is nothing in the record
to suggest that the project site has any views of Mount Rainier.
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Conclusions of Law
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1. Authori . RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. Site
plan review is required for all development in the R14 zone by RMC 4-9-200(B)(2)(a). RMC 4-8-
080(G) classifies administrative site plan and conditional use permit applications as Type II review
and the street modification as Type I review. RMC 4-8-080(C)(2) requires consolidated permits to
be collectively processed under "the highest -number procedure". The Type III preliminary plat
review is the "highest -number procedure" and therefore must be employed for all the permit
applications. As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings
and issue final decisions on Type III applications subject to closed record appeal to the Renton City
Council.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned R14. The
comprehensive plan map land use designation is Residential High Density.
3. Review Criteria and Street Modification. Chapter 4-7 RMC governs the criteria for
subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. RMC 4-9-030(C)
governs the criteria for conditional use permit review. Applicable standards are quoted below in
italics and applied through corresponding conclusions of law. All applicable criterion quoted below
are met for the reasons identified in the corresponding conclusions of law. Street modification
standards are governed by RMC 4-9-250.D. The findings and conclusions of Finding No. 22 of the
staff report are adopted to determine that the proposal meets the criteria for street 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.
4. As to compliance with the Zoning Code, Finding 17 of the staff report is adopted by
reference as if set forth in full. As shown in Ex. 2, each proposed lot will access a public road —
either directly or via one of two proposed private alley tracts, Tract B and C. 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 since the project site does not encroach into any critical
areas or their buffers 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.
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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 16 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 proposed internal alleys connect to a publicly dedicated street, which in turn connects to
Talbot Road South.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. City public works staff have reviewed the proposal and found it to be in conformance with all
applicable plans and regulations. There proposed internal streets are not subject to any adopted street
plans.
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail,
provisions shall be made for reservation of the right-of-way or for easements to the City for trail
purposes.
8. The proposal does not touch upon any designated trail.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
land with features likely to be harmful to the safety and general health of the future residents (such
as lands adversely affected by flooding, steep slopes, or rock formations). Land which the
Department or the Hearing Examiner considers inappropriate for subdivision shall not be
subdivided unless adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider
such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a
lot or lots that primarily have slopes forty percent (4001o) or greater as measured per RMC 4-3-
050J1 a, without adequate area at lesser slopes upon which development may occur, shall not be
approved.
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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 development will not encroach into critical areas. No piping or tunneling
of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding
of Fact No. 5. No steep slopes or streams are located on the property.
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's
dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the
adverse effects of development upon the existing park and recreation service levels. The
requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation
Resolution.
10. City ordinances require the payment of park impact fees prior to building permit issuance.
As noted in Finding of Fact No. 4, no other park mitigation is necessary to mitigate project impacts.
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 internal proposed public street and private alleys all form stub roads on four sides of the
project site that all could be extended onto adjoining properties.
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.
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13. There is no 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. As determined in Finding of Fact 4, the Public Works Department has reviewed and
approved the adequacy of streets, which includes compliance with applicable street standards and
acceptable street alignment.
RMC 4-7-150(E):
1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the
predominant street pattern in any subdivision permitted by this Section.
2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided
within and between neighborhoods when they can create a continuous and interconnected network
of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan
Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design
Element, Objective CD-M and Policies CD-50 and CD-60.
3. Exceptions:
a. The grid pattern may be adjusted to a `flexible grid" by reducing the number of linkages or the
alignment between roads, where the following factors are present on site:
i. Infeasible due to topographical/environmental constraints; and/or
ii. Substantial improvements are existing.
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link
existing portions of the grid system shall be made. At a minimum, stub streets shall be required
within subdivisions to allow future connectivity.
5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential
Low Density land use designation. The Residential Low Density land use designation includes the
RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall
evaluate an alley layout and determine that the use of alley(s) is not feasible...
6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
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7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due
to demonstrable physical constraints no future connection to a larger street pattern is physically
possible.
15. The criterion is met. The internal street and alleys all stub onto all four property lines and are
all straight and perpendicular to the lot lines enabling an extended grid system should connections to
adjoining properties become possible in the future. Alley access is the predominant vehicular access
provided in the development as encouraged by the standard quoted above.
RMC 4-7-150(F): All adjacent rights -of -way and new rights -of -way dedicated as part of the plat,
including streets, roads, and alleys, shall be graded to their full width and the pavement and
sidewalks shall be constructed as specified in the street standards or deferred by the
Planning/Building/Public Works Administrator or his/her designee.
16. As proposed.
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 proposed street and alleys all extend to the property lines.
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
to curved street lines.
18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above.
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
access easement street per the requirements of the street standards.
19. As previously determined, each lot has access to a public street.
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. Further subdivision of lots within a plat approved through the
provisions of this Chapter must be consistent with the then -current applicable maximum density
requirement as measured within the plat as a whole.
20. As previously determined, the proposed lots comply with the zoning standards of the R14
zone, which includes area, width and density.
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RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the
side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (8011o) of
the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of
twenty feet (20) and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which
shall be a minimum of thirty five feet (35).
21. As shown in Ex. 2, 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 offifteen feet (15).
22. As conditioned.
RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
watercourses, and similar community assets. Such natural features should be preserved, thereby
adding attractiveness and value to the property.
23. There are no significant on -site natural features.
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
24. As conditioned.
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
sufficient length to permit full -width roadway and required slopes. The drainage system shall be
designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
detention capacity for future development of the lots. Water quality features shall also be designed to
provide capacity for the new street paving for the plat.
25. The proposal provides for adequate drainage that is in conformance with applicable City drainage
standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are
incorporated into the technical information report and will be further implemented during civil plan
review, ensure compliance with all of the standards in the criterion quoted above.
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.
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26. As proposed and conditioned.
RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
utilities installed in the parking strip shall be placed in such a manner and depth to permit the
planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all
service connections, as approved by the Department. Such installation shall be completed and
approved prior to the application of any surface material. Easements may be required for the
maintenance and operation of utilities as specified by the Department.
27. As conditioned.
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
final ground elevation and capped. The cable TV company shall provide maps and specifications to
the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
28. As conditioned.
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
B. SURVEY.•
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
29. As conditioned.
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Conditional Use
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RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the
zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
30. As conditioned, the proposal is consistent with all applicable comprehensive plan policies
and development standards as outlined in Findings of Fact No. 16 through 20 of the staff report,
adopted by this reference as if set forth in full.
RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the immediate area of the
proposed use. The proposed location shall be suited for the proposed use.
31. The proposed location is suitable for the proposed increase in wall plate height from 24 feet
to 32 feet. Any impacts associated with the increase in building height, bulk and/or massing would
be minimized from Talbot Rd S, as the subject site maintains a total elevation change of
approximately 25 feet over the extent of the parcel from east to west and the dwellings located
directly across Talbot Rd S are buffered from the proposal by a wide buffer of trees on their own lots
as shown in aerial photographs of the project site and vicinity. See Staff PowerPoint, Ex. 30.
RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
32. As determined in Finding of Fact No. 5, as conditioned, there are no adverse impacts
associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent
property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
33. As determined in Finding of Fact No. 5, the proposed use is compatible with the scale and
character of the neighborhood.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
34. As determined in Finding of Fact No. 4, the proposal includes parking that is consistent with
applicable parking standards, which sets a legislative standard for adequate parking.
RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
shall mitigate potential effects on the surrounding area.
35. As outlined in Finding of Fact No. 4, the proposal provides for safe circulation and adequate
traffic mitigation and facilities.
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RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
36. As determined in Finding of Fact No. 5, the proposed increase in height for the conditional
use will not result in any adverse light, noise or glare impacts.
RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
37. As shown in the landscaping plan for the proposal, Ex. 6, all undeveloped portions of the
public and common areas of the site are landscaped.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies,
especially those of the applicable land use designation; the Community Design Element; and any
applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-100.
38. As concluded in Conclusion of Law No. 4 and as conditioned, the proposal is consistent with
the City's comprehensive plan and development regulations. The project complies with all
applicable design standards as identified in Finding No. 18 of the staff report, the findings and
conclusions of which are adopted by this reference.
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;
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v. Landscaping: Using landscaping to provide transitions between development and surrounding
properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the
project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
39. As conditioned, the criteria quoted above are met. The proposed use is compatible with
surrounding uses as determined in Finding of Fact No. 5. As determined in Finding of Fact No. 4,
the proposal provides for desirable transitions and linkages between uses, streets, walkways and
adjacent properties. As determined in Finding of Fact No. 4, proper screening and/or design location
will be implemented to conceal refuse and recyclable areas since those issues are addressed by the
City's refuse and recycle design standards. A condition of approval requires the minimization of
views to rooftop equipment from adjoining property. No loading area is proposed or required of the
proposal. As determined in Finding of Fact No. 5(E), the proposal will not adversely affect any
views. As determined in Finding of Fact No. 4, the proposal is consistent with the City's
landscaping standards. As shown in Exhibit 6, the Applicant's conceptual landscaping plan, the
buildings are significantly buffered by trees and other landscaping features, thereby reducing noise
and glare, maintaining privacy, and generally enhancing the appearance of the project. As
conditioned, the proposal will not create any significant light impacts, including excessive brightness
or glare, for the reasons identified in Finding of Fact No. 5.
RMC 4-9-200(E)(3)(c): On -Site Impacts: Mitigation of impacts to the site, including:
i. Structure Placement. Provisions for privacy and noise reduction by building placement, spacing
and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and
vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils,
using topography to reduce undue cutting and filling, and limiting impervious surfaces; and
iv. Landscaping. Use of landscaping to soften the appearance of parking areas, to provide shade
and privacy where needed, to define and enhance open spaces, and generally to enhance the
appearance of the project. Landscaping also includes the design and protection of planting areas so
that they are less susceptible to damage from vehicles or pedestrian movements.
40. The criteria quoted above are met. As determined in Finding of Fact No. 5, the proposal will
not create any significant noise impacts and is compatible with adjoining uses, including in terms of
scale and intensity. The extensive landscaping required of the project will assure necessary privacy.
There are no significant natural features on site and trees will be retained in conformance with the
City's tree retention standards as outlined in Finding of Fact No. 5. The proposal complies with the
City's landscaping standards as outlined in Finding of Fact No. 4. As conditioned, no additional
landscaping is found to be necessary to meet the objectives of the criterion quoted above.
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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.
41. The proposal as conditioned provides for adequate access and circulation and bicycle parking
as required by the criterion above for the reasons identified in Finding of Fact No. 4.
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
42. As proposed and conditioned, the criterion is met. As outlined in Finding of Fact No. 4(D),
the proposal provides for a significant amount of open space that is almost double that required by
City standards. As further noted in Finding 4(D), the open space is readily accessible to the dwelling
units of the project both visually and via pedestrian walkways and proximity. A condition of
approval also requires that the landscaping plan provide for more specific amenities for passive and
active recreation.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
43. As determined in Finding of Fact No. 5(E), the proposal will not impair any views to
shorelines or Mt. Rainier and is not in proximity to any shorelines for purposes of providing
shoreline access.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
44. There are no natural systems at the site or that would be affected by the proposal.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
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45. The project is served by adequate services and facilities as determined in Finding of Fact No.
4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
46. The project is not phased.
DECISION
The proposed preliminary plat, site plan, conditional use and street modification comply with all the
development standards quoted above and are therefore approved subject to the following conditions
of approval:
The Applicant shall comply with the mitigation measures issued as part of the
Determination of Non -Significance Mitigated, dated January 18, 2019.
2. At twenty (20) or more dwelling units, the Applicant shall provide an Affordable Housing
Restrictive Covenant and Agreement (the "Covenant") upon one (1) unit prior to
certificate of occupancy. The Covenant is designed to satisfy the granting of the density
bonus provision and shall remain affordable for fifty (50) years. The Applicant shall
submit to, and have approved by, the Current Planning Project Manager, the Covenant
prior to or concurrent with the final plat.
3. The Applicant shall provide a minimum of ten feet (10') of on -site landscaping along all
public street frontages. A final detailed landscape plan, consistent with RMC 4-8-120 and
RMC 4-4-070, shall be submitted to and approved by the Current Planning Project
Manager prior to issuance of the construction permits.
4. The Applicant shall create a Homeowners' Association ("HOA") that maintains all
improvements and landscaping in the stormwater/open space/tree retention tract (Tract A)
and any and all other common improvements. A draft of the HOA documents shall be
submitted to, and approved by, the City of Renton Project Manager and the City Attorney
prior to Final Plat recording. Such documents shall be recorded concurrently with the
Final Plat.
5. The Applicant shall submit a revised tree retention plan showing at least eleven (11)
significant trees retained, to meet the minimum requirement of twenty percent (20%)
retention. Alternatively, the Applicant may submit a letter from a certified arborist with
an explanation as to why at least twenty percent (20%) of the significant trees are unable
to be retained, subject to concurrence by the Current Planning Project Manager. The
revised tree retention plan shall be submitted to the Current Planning Project Manager for
review and approval at the time of Utility Construction Permit Application.
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6. The Applicant shall submit revised plans with the building permit application that
identifies the location of code compliant bicycle parking meeting the standards of RMC
4-4-080.F.11, and identifies bicycle parking stall on ten (10) of the 20 proposed lots. The
revised plans shall be reviewed and approved by the Current Planning Project Manager
prior to building permit approval.
7. The Applicant shall increase the minimum side yard setbacks for the unattached side
yards of proposed Lot 10 and Lot 11, from 4 feet (4') to six feet (6'), in order to increase
visibility of the open space from the alley. If fences are proposed within this designed
open space view corridor, they shall be limited to a maximum of 48" above finished
grade.
8. Both of the three -unit buildings that front S 48th Court shall provide a minimum of one
shared single loaded driveway cut not to exceed a combined sixteen feet (16') in width at
the property line. All remaining driveways on S 48th Ct shall be a single loaded garage
driveway and shall not exceed nine feet (9') in width at the property line. In addition, Lot
20 shall take access from the private alley (Tract B) and Lot 15 shall take access from the
stormwater access, located west of Lot 15.
9. 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 4-7-080.M.2.
10. The proposed stormwater vault within Tract A shall either be located entirely below
ground or meet open space standards. Otherwise the stormwater vault will be located in a
separate stormwater tract. Engineered construction plans shall be submitted at the time of
Construction Permit review for review and approval.
11. The Applicant shall provide a minimum pavement width of 22 feet along S 48th Ct, from
Talbot Rd S to the internal alleyway. The increased roadway would result in a final ROW
width of 49 feet for approximately the first 100-foot street section. The revised plans shall
be reviewed and approved by the Current Planning Project Manager prior to building
permit approval.
12. Any proposed rooftop equipment shall be located, designed and screened to minimize
views from surrounding properties.
13. All road names shall be approved by the City.
14. 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.
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15. 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.
16. 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.
17. 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.
18. All lot corners at intersections of dedicated public rights -of -way, except alleys, shall have
minimum radius of fifteen feet (15').
19. The water distribution system including the locations of fire hydrants shall be designed
and installed in accordance with City standards as defined by the Department and Fire
Department requirements.
DATED this 18th day of February, 2019.
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PhPT A.Olbm is
City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications
subject to closed record appeal to the City of Renton City Council. Appeals of the hearing
examiner's decision must be filed within fourteen (14) calendar days from the date of the decision.
A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal
period.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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