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HomeMy WebLinkAboutBurrus Ltr - Decision Letter Denis Law Mayor City Clerk-Jason A.Seth,CMC March 26, 2019 Chris Burrus Harbour Homes, LLC. 400 N 34th St, Suite 300 Seattle, WA 98103 Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision - Maple Highlands Preliminary Plat (LUA-18-000633) Dear Mr. Burrus: Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision dated March 24, 2019. Also, this document is immediately available on our website: • If you go to: Rentonwa.gov; "How do I"; Hearing Examiner(under Contact); "Land Use Decisions". The Decisions are filed by year and then alphabetical order by project name. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, Jason A. Seth, CMC City Clerk cc: Hearing Examiner Clark Close,Senior Planner Jennifer Henning, Planning Director Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Jennifer Cisneros,Office Assistant II Julia Medzegian,City Council Liaison Parties of Record(23) 1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 8 ) 9 RE: Maple Highlands ) ) FINDINGS OF FACT, CONCLUSIONS OF 10 Preliminary Plat ) LAW AND FINAL DECISION ) 11 LUA18-000633, PP ) 12 ) 13 ) 14 SUMMARY 15 The Applicant requests preliminary plat approval to subdivide a 4.18 acre parcel located at 16210 SE 16 134th St, Renton, WA 98059 into 13 single-family residential lots. The proposal is approved subject to conditions. 17 18 The proposal drew a significant amount of concern from several neighboring property owners due to potential through traffic from persons trying to access nearby Liberty High School. As amply 19 demonstrated by the neighbors and City staff using Renton COR maps during the hearing, the existing road network in the vicinity of the project site is highly primitive, largely composed of dirt 20 roads that are barely wide enough to accommodate cars passing in opposite direction. Liberty High 21 School is located a few blocks to the southeast of the project site. Currently there is no east to west route from the high school through the project site area to major arterials to the east because the 22 primitive roads in that area are not continuous and end in several dead ends. The neighboring property owners are concerned that the project will create the necessary street linkages to establish an 23 east-west route through their neighborhood between Liberty High School and developed arterials to the west. The neighbors are also apparently concerned that the project will increase the number of 24 persons who get lost in their neighborhood looking for an east-west route. Neighbors noted that 25 they've seen as many as 20 vehicles driving through their roads during Liberty High School sporting events looking for a throughway. 26 PRELIMINARY PLAT - 1 1 The conditions of approval prevent any new connections that would create a new east-west route for persons trying to access or leave Liberty High School. The only way that such a route could be 2 established would be via linkage between required frontage improvements along 164th Ave SE to the 3 developed 164th Ave SE street to the south of the project. A condition of approval prevents this linkage from occurring by requiring a barricade to be placed at the southern end of the 164th frontage 4 improvements, preventing vehicles from travelling to the developed portion of 164th located to the south of the project site. Fencing is also required at the barricade site to ensure that the barricade 5 effectively prevents traffic on a semi-permanent basis, until it is determined in future permit review 6 that the existing street system is adequately improved to effectively and safely accommodate through traffic. 7 During the hearing there was also some discussion on requiring signage near the Liberty High School 8 to apprise persons looking for an east-west exit route that they would only encounter dead end 9 streets. In a post-hearing exhibit, Ex. 37, staff identified where such signage could reduce the number of persons wandering the vicinity of the project site fruitlessly seeking an east-west exit 10 route from Liberty High School. Given the testimony of neighboring property owners, the need for the additional signage appears well justified. However, there is no legal basis to require the 11 Applicant to install the signage. As repeatedly required by our state's appellate courts, developers 12 can only be required to remedy problems they create. See, e.g. Burton v. Clark County, 91 Wn. App. 505 (1998). There is no logical basis to conclude that the Applicant can in any way be responsible 13 for increasing the number of people looking for an east-west exit out of Liberty High School. New residents of the project site may look for such a route once or twice when they move in, but this 14 would only account for a minor fraction of the number of people who regularly wander the streets as framed by the neighbors. The Applicant and/or City staff are certainly encouraged to work with 15 King County in placing the signage suggested in Ex. 37 if they wish to do so, but the signage cannot 16 be legally compelled by this decision. 17 TESTIMONY 18 Clark Close, City of Renton Senior Planner, summarized the staff report. In response to Examiner 19 questions, Mr. Close noted that currently there is no western access route to Liberty High School. Neighbors are concerned that the road improvements made for the project will facilitate western 20 access on roads that are not suited for that function. 21 John Lange, neighbor, was concerned about traffic and access. He is specifically concerned about 22 traffic from the high school and elementary schools from people trying to avoid traffic by driving through his neighborhood. The issue should have been addressed in the traffic report and was not. 23 However, he was happy to hear that there was a proposal to put up a barricade at the sound end of 164th. He wants agreement from the developer to put in large concrete blocks to barricade the end of 24 164th. Two additional streets have been blocked in the past, specifically 135th St. and 136th St. 25 People don't want students and buses going through their neighborhoods. Liberty High School likely has up to 1,000 students. It's a safety issue as children are playing in the streets. Neighbors in the 26 area also want to get better notice of new projects beyond the 300 foot mailing radius. Vanessa PRELIMINARY PLAT- 2 1 Dolbee, planning manager, noted that large signs are posted advertising projects and also people will be added as parties of record upon request after permit applications are filed. There's also an on-line 2 map that shows the location of all current projects. However, it's not feasible to keep track of all 3 persons who have an interest in specific future projects. 4 Caren Smith, neighbor, referred to trees located in the center part of the northern property line. She's lived in the neighborhood for 60 years. There's water in the grove of trees. She's concerned about 5 run-off. Her brother, next door, has sink holes on his property all of a sudden. No one knows why. 6 Construction may have something to do with it. 7 Lyn Winfield, neighbor, is concerned about traffic on 135th. It's tough having two cars get past each other. Metro buses have gotten stuck on that road when they accidentally go down the street. Other 8 people trying to get to Liberty sports events use 135th believing it's an access road but it's not. Public 9 notice signs don't work in the area because the streets are not through streets and people don't drive down them. She's saddened that the street blockade is temporary. 10 Jerry Winfield, neighbor, reiterated the narrowness of the roads. A lot of the neighbors have had to 11 help buses turn around because the roads are so narrow. Sometimes tow vehicles have to be brought 12 in to remove the buses because there's no other way to get them out. Pick up trucks can't pass each other going in opposite directions. Children play in the street. High school drivers will come from 13 Liberty if the roads become connected. 14 Corey Robertson, neighbor, was told in an August meeting that 162nd or 134th would go all the way through. Her property is off 162nd where she has an easement. It's hard to go up her driveway due to 15 slopes. 132nd is too narrow for two way traffic. When it rains she's flooded out. How are the road 16 improvements going to get done and who will build them? Once the homes are built she will probably lose her views of Mt. Rainier and her property value will go down. 17 Noel Brandon, neighbor, has lived in the neighborhood at the end of 164th for 28 years. The roads are 18 very narrow. If 164th or 135th ever goes through the traffic would be huge. People are constantly 19 turning around at the end of the street trying to find an east-west route. He's asked for signs that notify there's no east-west route. From the high school to the end of the road there's 18 homes total. 20 There's a ton of foot traffic of kids going to school. Metro guys get stuck on the road and can't turn around. He was wondering where the underground water detention vault was going to be located and 21 where it would drain. Neighbors didn't know about the project until one of the neighbors within the 22 300 foot mailing radius told them. In response to Examiner questions, Mr. Brandon noted there is a dead end sign, but it's concealed around a corner and drivers have often turned into the street before 23 seeing the sign. He's paved his half of the road and the other half is still gravel. 24 In rebuttal, Clark Close noted that the road barricade will be placed by the Applicant. They will 25 submit plans on how they propose to barricade the road. The barricade design hasn't yet been submitted. Concrete blocks can be considered. At this point City standards require a "Type 3" 26 barricade. PRELIMINARY PLAT- 3 1 In response to examiner questions, Vanessa Dolbee noted that it's difficult to predict if the roads will 2 ever be developed to the point where it would be prudent to take down the barricades because the 3 roads in the road network are in King County jurisdiction, such as 135th and the driveway south of the proposal. Developers have agreed to add a chain link fence to the standard Type 3 barricade, but the 4 City wants to make sure pedestrian connectivity is maintained. A no school access sign could be added for areas with Renton jurisdiction. Staff will look into whether such a sign can be added and 5 will get back to the Examiner. If the barrier were ever taken down as part of a development project, 6 the notice for the project would essentially serve as notice of barricade removal. 7 In response to examiner questions regarding the placement of"local access only" signs, Ms. Dolbee noted that those signs would likely have to be placed on King County roads to address the high 8 school traffic concerns of the neighbors. 9 On the question of whether 162nd or 134th would punch through, Mr. Close responded that the 10 Applicant was going to make frontage improvements to 162nd and 164th and these improvements wouldn't extend beyond project frontage. No new road connections are being proposed. Future 11 development could connect to the frontage improvements and make new connections. 12 Yoshio Piediscalzi, Applicant representative, noted that drainage regulations don't allow any 13 stormwater discharge onto adjoining properties so if needed an interceptor trench or some kind of swale will be installed to prevent off-site discharge along the north property line onto the Smith 14 property. Stormwater drainage leaving tract A will go south to I64th for 600 feet and then connect to the existing Harmony Grove outfall. Sewer will head south on 164th then go east at SE 135th St due 15 south on 166th Ave SE to connect to an existing sewer line at Liberty High School. The developer 16 will be paying for and installing the Type 3 barricade. They are looking into installing a fence with a pedestrian connection. A Type 3 barricade is composed of wooden slats and signage. Mr. Close 17 noted that the Type 3 barricade is sufficient to stop traffic. 18 Noel Brandon noted that some neighbors had paid to have their access paved. He wanted to know if 19 the road they paved would be restored if it were cut open for drainage improvements. Mr. Close responded that City regulations require restoration. 20 Caren Smith wanted clarification on whether 162nd was going to be barricaded. Mr. Close responded 21 that no barricade is proposed for 162nd. Ms. Dolbee stated staff would look into whether a dead end 22 sign could be placed at the 132nd/162nd intersection. 23 Lyn Winfield noted there have been drainage issues that need to be taken into consideration. Justin Johnson, from the City's engineering department, noted that City staff had investigated off-site 24 drainage problems in order to assess the sizing needs for the drainage facilities. The drainage facilities required of the Applicant will reduce the amount of water flowing to the properties that are 25 having flooding problems. Currently everything drains from the west to the east to a swale on the 26 proposed road and that drains down onto private property. The Applicant's project will significantly PRELIMINARY PLAT - 4 1 reduce the size of the swale and the water will be diverted down 164th and bypass homes that have historically had stormwater problems. 2 3 EXHIBITS 4 5 Exhibits 1-26 listed on page 2 of the February 12, 2019 Staff Report, in addition to the Staff Report itself(Ex. 1), were admitted into evidence during the public hearing. Additional exhibits admitted 6 during the hearing are the following: 7 Exhibit 27 Staff Power Point 8 Exhibit 28 City of Renton COR Maps Exhibit 29 Google Earth (aerials of project site and vicinity) 9 Exhibit 30 Neighborhood Comment Letter Exhibit 31 Hohlbein email dated February 12, 2019 10 Exhibit 32 February 20, 2019 email from Clark Close to Examiner 11 Exhibit 33 Email Order Authorizing Comment Extensions dated February 22, 2019. Exhibit 34 2/18/19 email from Christopher and Andrea Johnson 12 Exhibit 35 2/18/19 letter from Michelle Hohlbein Exhibit 36 2/18/19 letter from Doris Yepez 13 Exhibit 37 2/20/19 email from Clark Close regarding Liberty High School dead end signage 14 Exhibit 38 2/21/19 email from Clark Close requesting additional response time Exhibit 39 2/22/19 memo from Clark Close regarding responses to public comment letters 15 FINDINGS OF FACT 16 17 Procedural: 1. Applicant. The Applicant is Hamblin Living Trust, 16210 SE 134th St, Renton, WA 18 98059. 19 2. Hearing. A hearing on the application was held on February 12, 2019 in the City of Renton 20 City Council Chambers. The record was left open through February 19, 2019 at 5:00 pm to give an opportunity for persons unable to attend the hearing due to snow to listen to the hearing recording 21 posted on the City's website and add their own written comments. Staff was given until February 20, 2019 to respond and the Applicant until February 22, 2014. The comment deadlines were all 22 extended by Email Order dated February 22, 2019, Ex. 33, with final Applicant response due March 4, 2019. 23 24 3. Project Description. The Applicant requests preliminary plat approval to subdivide a 4.18 acre parcel located at 16210 SE 134th St, Renton, WA 98059 into 13 single-family residential lots. 25 Proposed lot sizes would range from 9,000 square feet to 12,425 square feet with an average lot size of 9,922 square feet and an overall density of approximately 3.83 dwellings per net acre. All existing 26 structures on-site would be demolished. Access to the site would be via a new public residential PRELIMINARY PLAT - 5 1 access street through the center of the subject property. The Applicant would also construct half- street frontage improvements on 162nd Ave SE and 164th Ave SE along the property frontages. 2 Stormwater would be conveyed and collected through the use of a detention vault located on the 3 southeast portion of the property. 4 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: 5 6 A. Water and Sewer Service. Water service will be provided by King County Water District 90. A water availability certificate from King County Water District 90 7 would be required at the time of civil construction permit submittal. Sewer service will be provided by the City of Renton. There is an existing 8" PVC sewer running 8 from north to south in 162nd Ave SE west of the site. 9 B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient 10 resources exist to furnish services to the proposed development so long as code required fire impact fees are paid. 11 12 C. Drainage. The proposal provides for adequate stormwater drainage facilities. The proposal is subject to the City's 2017 City of Renton Surface Water Design Manual 13 ("RSWDM"), which requires that the project not generate off-site stormwater flows that exceed predevelopment, forested conditions. City staff have reviewed the Applicant's 14 preliminary stormwater design and found it consistent with the requirements of the Design Manual. 15 16 The Applicant's preliminary stormwater design is detailed in its Preliminary Technical Information Report (TIR), prepared by D.R. Strong Consulting Engineers, Inc. (dated 17 November 26, 2018; Exhibit 12). Based on the TIR, the project contains greater than 2,000 square feet of new impervious surface and therefore a Full Drainage Review is 18 required. To comply with RSWDM requirements,the Applicant has proposed a detention 19 wet vault to be located on the southeast corner of the project site. 20 D. Parks/Open Space. City standards do not require the dedication of any open space for subdivisions located in the R4 district. In the absence of any evidence that the project 21 creates any need for open space, none can be legally required. See Isla Verde v. Camas, 22 146 Wn.2d 740, 755 (2000). Nonetheless the Applicant is proposing a tree retention tract that is 6,149 square feet in area. The parks demand created by the proposal is adequately 23 mitigated by the required payment of park impact fees, which are due at the time of building permit review. Park impact fees are currently assessed at the rate of$3,945.70 24 per single-family dwelling. The fee in effect at the time of building permit application is 25 applicable to this project and is payable at the time of building permit issuance. 26 PRELIMINARY PLAT - 6 1 E. Streets and Circulation. The proposal provides for adequate streets. Public works staff have reviewed the proposal and have found it for this stage of plat review to meet all 2 applicable road design standards. More detailed staff review will be conducted for final 3 plat review. 4 The proposed development fronts both 162nd Ave SE and 164th Ave SE along the west and east property lines, respectively. 162nd Ave SE is classified as a Residential Access 5 Road. The existing ROW width is approximately 60 feet, which satisfies the RMC 4-6- 6 060 required minimum ROW width of 53 feet. No additional right-of-way fronting on the site would be required along the west property frontage. Per City code RMC 4-6-060, half 7 street improvements shall include a pavement width of 20 feet (13 feet from centerline), a one half-foot (0.5') wide curb, an eight-foot (8') wide planter strip, and a five-foot (5') 8 wide sidewalk, street trees and storm drainage improvements. 164th Ave SE is also 9 classified as a Residential Access Road with an existing ROW width of 30 feet. To meet the City's complete street standards for Residential Access streets for half-street 10 improvements, a minimum ROW of 34 feet is required. A dedication of 4.5 feet of ROW would be required to complete the required half street improvements per City code 4-6- 1 I 060. The Applicant would need to show how they would connect to the northern tie-in 12 point at 164th Ave SE, roughly between SE 132nd St and SE 134th St. 13 Upon competition of the project road improvements, the south end of 164th Ave SE would dead end to an unimproved grassy patch of ROW in King County. The ROW 14 eventually turns into a gravel surface that serves as access to three (3) residential homes (13408 164th Ave SE, 13415 164th Ave SE, and 13425 164th Ave SE). With the ROW 15 improvements at the south end of 164th Ave SE the Applicant would be required to 16 install a temporary road barricade between City of Renton ROW and King County ROW. The barricaded roadway would also require a sign stating future roadway extension. The 17 temporary road barricade would maintain current motor vehicle travel patterns in the area until such time as 1) intersection improvements can be made to SE 135th St and 162nd 18 Ave SE; and 2) significant roadway improvement can be made within the current King 19 County ROW within 164th Ave SE between the SE 135th St and the subject property. The road barricade at the end of 164th Ave SE would prevent vehicular traffic from 20 traveling south on 164th Ave SE beyond the limits of the subject property. The road barricade design would not restrict pedestrian and bicycle traffic from passing through 21 this portion of the project. 22 The proposed internal residential road would be developed per RMC 4-6-060. Per RMC 23 4-6-060, a residential street includes a ROW width of 53 feet with a paved roadway width of 26 feet consisting of two (2) ten-foot (10') wide travel lanes and one (1) six-foot (6') 24 wide parking lane. In addition, the ROW would also be constructed with a one half-foot (0.5') wide curb, an eight-foot (8') wide planter strip, and a five-foot (5') wide sidewalk 25 on both sides of the roadway. Street grades would not exceed fifteen percent (15%) and 26 all utilities are required to be undergrounded (Exhibits 7, 9 and 10). PRELIMINARY PLAT - 7 1 The roadway improvements proposed to 162nd Ave SE, the internal residential access 2 road (Road A), and 164th Ave SE would improve the City's street grid system. To that 3 end, a typical road design with a cul-de-sac turnaround would be replaced with a de facto turnaround in 164th Ave SE. On the east side of the project, 164th Ave SE would be 4 constructed to allow emergency vehicle turnaround capability from Road A. Any dwelling unit located more than 500 feet down a dead end road would be required to 5 install fire sprinklers in the home. As a result, this would require Lots #6, 7, 8, 9, and 10 6 to install fire sprinklers. On November 8, 2018, an eight (8) lot short plat called Skyhorse Short Plat (LUA17-000550) was approved subject to eleven (1 1) conditions of approval. 7 The approved short plat is proposing to extend 164th Ave SE from SE 132nd St to the north property line of the development. If the project improvements to 164th Ave SE, 8 identified above, are completed by the land use approved Skyhorse Short Plat than the 9 proposed Maple Highlands development would tie-in to the completed residential access road. In the end, if all the anticipated road improvements are completed by both the 10 Skyhorse Short Plat and Maple Highlands, including a complete street from the intersection of SE 134th St and 162nd Ave SE through the subject property to the 11 intersection of SE 132nd St and 164th Ave SE, then the requirement to provide fire 12 sprinklers to Lot 6-10 would no longer be applicable as a result of the completed street system. Therefore, a condition of approval requires that if frontage improvements on 13 164th Ave SE are not constructed from the intersection of SE 132nd St and 164th Ave SE to the proposed development then the Applicant must ensure the installation of fire 14 sprinkler systems in all future homes located more than 500 feet from 162nd Ave SE, namely Lots 6-10. If determined to still be applicable by the Renton Regional Fire 15 Authority at the time of civil construction permit, the Applicant would be required to 16 record this specific fire sprinkler system requirement on the face of the final plat. 17 In addition, street lighting is required for a development that includes more than four (4) residential units. Street lighting is required along Road A, 162nd Ave SE, and 164th Ave 18 SE. Required streetlights shall be per City standards. Therefore, a condition of approval 19 requires that a street lighting plan per City standards shall be submitted at the time of construction permit review. 20 A Trip Generation Letter Report was prepared by Northwest Traffic Experts (TraffEx), 21 dated August 27, 2018 (Exhibit 15), and submitted with the land use application. Per City 22 of Renton guidelines, a Traffic Impact Analysis (TIA) is only required for projects that generate 20 or more trips in either the AM or PM peak hour. A traffic count was taken by 23 the traffic engineer on August 22, 2018 at the intersection of 162nd Ave SE and SE 134th St. This intersection was found to be a very low volume intersection carrying a total of 24 three (3) trips in the peak hour from 4:00 to 5:00 pm. 25 Site generated traffic volumes were calculated by TraffEx, using data from the Institute of 26 Transportation Engineers (ITE) Trip Generation Manual, Ninth Edition for Single-Family PRELIMINARY PLAT - 8 1 Detached Housing (ITE Land Use Code 210). The proposed subdivision is estimated to generate 114 net new average weekday daily trips with nine (9) AM peak hour period (2 2 in, 7 out) and twelve (12) PM peak hour period (8 in, 4 out) vehicle trips. These 3 calculated trips reflect the credit provided for the existing home that would be removed as part of the proposal. Adequate sight distance would be provided at the new intersections. 4 Public works staff determined that it is not anticipated that the proposed project would 5 adversely impact the City of Renton's street system subject to the payment of code- 6 required impact fees and the construction of code-required frontage improvements (Exhibit 19). The 2019 transportation impact fee for a single-family residential house is 7 currently $7,820.42 The transportation impact fee, as determined by the Renton Municipal Code at the time of building permit issuance shall be payable to the City. 8 9 As outlined in the Summary of this decision, a primary concern of neighboring property owners was that the project would increase through traffic to and from Liberty High 10 School. The analysis of the Summary on this issue is incorporated herein as findings of fact supporting the determination that a condition of this decision requiring a road 11 barricade on 164th is sufficient to prevent any increase in through traffic to and from 12 Liberty High School. 13 F. Parking. Sufficient area exists, on each lot, to accommodate off-street parking for a minimum of two (2) vehicles as required by City parking standards. In addition, the new 14 residential access street (Road A) would provide one 6-foot (6') on-street parking lane. Compliance with individual driveway requirements would be reviewed at the time of 15 building permit review. 16 G. Schools. The proposal provides for adequate and appropriate schools and walking 17 conditions to and from school. It is anticipated that the Issaquah School District (ISD) can accommodate any additional students generated by this proposal at the following 18 schools: Briarwood Elementary, Maywood Middle School and Liberty High School 19 (Exhibit 24). According to district staff, any new students from the proposed development would be bussed to their respective schools. The location of the future bus stop has not 20 yet been determined. A nearby 2018 bus stop was located approximately 0.12 miles from the project site at the intersection of SE 131 st St and 162nd Ave SE. The proposed project 21 includes the installation of frontage improvements along Road A, 162nd Ave SE and 22 164th Ave SE, including sidewalks. Students would walk along the new sidewalks within the development to get to the pending ISD bus stop. Sidewalks are currently installed 23 sporadically throughout the neighborhood and students may need to cross the nearby roads in order to safely get to the bus stop. In order to ensure a safe route to all schools, a 24 condition of approval requires that the Applicant provide a plan showing existing and 25 proposed improvements to create a safe route from the project site to the future bus stop determined by ISD or documentation from ISD that an additional stop will be added on 26 the project site. PRELIMINARY PLAT- 9 1 A School Impact Fee, based on new single-family lots, will be required in order to 2 mitigate the proposal's potential impacts to the ISD. The fee is payable to the City as 3 specified by the Renton Municipal Code. Currently, the ISD school impact fee is assessed at $15,276.00 per single-family residence. 4 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with 5 the proposal. Adequate public facilities and drainage control are provided as determined in Finding 6 of Fact No. 4. Pertinent impacts are more specifically addressed as follows: 7 A. Compatibility. The proposal is fully compatible with surrounding development. Surrounding properties on all sides are zoned and developed with single-family 8 development with properties to the north and west zoned R4 by the City of Renton and 9 the properties to the east and south zoned Urban Residential (4-12 du/acre). The aerial photograph depicted in the staff report reveals that the surrounding area is developed in a 10 variety of densities with several subdivisions of density similar to the proposal. The City's landscaping standards also require 10 feet of landscaping along the 162 and 164 11 street frontages of the proposal and the tree retention tract (Tract B) all provide aesthetic 12 buffering to provide for additional compatibility. 13 B. Tree Retention. As conditioned, the proposal complies with the City's tree retention standards and thus provides for sufficient preservation of vegetation. The Applicant 14 submitted an Arborist Report that was prepared by Creative Landscape Solutions, dated September 20, 2018 (Exhibit 13). Per the Tree Cutting and Land Clearing Plan, nearly all 15 vegetation is proposed to be removed or altered during construction (Exhibit 6), with the 16 exception of a few significant trees that are proposed to be retained. The Arborist Report listed 26 significant on-site trees, 16 of which were measured as landmark trees. The 17 report concluded that 17 trees were exempt from retention standards, resulting in a total of 9 viable trees on-site. The minimum tree retention requirement is thirty percent (30%) 18 of the net viable trees in the R-4 zone. Therefore, the Applicant is required to maintain a 19 minimum of six (6) of the possible 21 on-site fair or okay significant trees. After dangerous and street ROW deductions, the Applicant is proposing to retain six (6) trees, 20 thus meeting the minimum retention standard of 30%. Additionally, two (2) more apple trees (#1802 and #1805) in fair health should be retained within the tree retention tract to 21 boost overall tree retention as part of the development. Therefore, a condition of approval 22 requires that all five (5) apple trees be retained in the tree retention tract(Tract B). 23 Per RMC 4-4-130, a replacement ratio of 12 caliper inches (12") per removed tree is required for each tree less than the total required to be retained. All retained trees (i.e., 24 protected trees) would be required to be protected during construction pursuant to RMC 4-4-130. It should be noted that there are several inconsistencies between the Arborist 25 Report, Tree Retention Plan and the Tree Retention Worksheet. A condition of approval 26 requires that a final tree retention plan that is consistent with a final arborist report shall PRELIMINARY PLAT - 10 1 be submitted and approved by the Current Planning Project Manager prior to issuance of the construction permits. 2 3 The Applicant is proposing a tree retention tract in the southwest corner of the subdivision. Tree tracts are required to be fenced with permanent fencing. This is 4 accomplished by installing a wood, split-rail fence with applicable signage that identifies the trees in the tract as protected. The Administrator may approve pedestrian-sized 5 openings for the purpose of facilitating passive recreation within the tract for the benefit 6 of the community and may also authorize alternate styles and/or materials for the required fencing. 7 C. Critical Areas. There are no critical areas on-site. A Geotechnical Engineering Study 8 prepared by Earth Solutions NW, LLC, dated June 21, 2018 (updated September 28, 9 2018; Exhibit 11), was submitted with the preliminary plat application materials. According to the submitted report, no critical areas were identified on the project site. 10 Conclusions of Law 11 12 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold hearings and issue final 13 decisions on Type III applications subject to closed record appeal to the Renton City Council. 14 2. Zoning/Comprehensive Plan Designations. The subject property is zoned R4. The 15 comprehensive plan map land use designation is Residential Low Density. 16 3. Review Criteria and Street Modification. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable standards are quoted below in italics and applied through 17 corresponding conclusions of law. All applicable criterion quoted below are met for the reasons 18 identified in the corresponding conclusions of law. 19 Subdivision 20 RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 21 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 22 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied 23 because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 24 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water 25 supplies and sanitary wastes. 26 PRELIMINARY PLAT- 11 1 4. As to compliance with the Zoning Code, Finding 17 of the staff report is adopted by reference as if set forth in full. As shown in Ex. 2, each proposed lot will access Road A, which will 2 be dedicated as a public street. As determined in Finding of Fact No. 5, there are no critical areas on 3 site so the project site is fully suited for development. As determined in Finding of Fact No. 4, the proposal will be served by appropriate and adequate provision for all necessary public infrastructure. 4 RMC 4-7-080(I)(1): ...The Hearing Examiner shall assure conformance with the general purposes 5 of the Comprehensive Plan and adopted standards... 6 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined 7 in Finding 16 of the staff report, which is incorporated by this reference as if set forth in full. 8 RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be 9 approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street(according to City specifications) to an existing street or highway. 10 6. The proposed internal Road A connects all proposed lots to 162nd and 164th Avenues, both 11 existing streets. 12 RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the 13 City. 14 7. City public works staff have reviewed the proposal and found it to be in conformance with all applicable plans and regulations. There proposed internal streets are not subject to any adopted street 15 plans. 16 RMC 4-7-120(C): If a subdivision is located in the area of an officially designed[sic] trail, 17 provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 18 19 8. The proposal does not touch upon any designated trail. 20 RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 21 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes 22 land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the 23 Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. 24 a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is 25 subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider 26 such subdivision. PRELIMINARY PLAT - 12 1 b. Steep Slopes:A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 2 050J1a, without adequate area at lesser slopes upon which development may occur, shall not be 3 approved. 4 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 5 4. Streams: 6 a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. 7 b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow 8 area, and an attempt to minimize the disturbance of the natural channel and stream bed. 9 c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. 10 d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 11 12 9. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and development will not encroach into critical areas. No piping or tunneling 13 of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. No steep slopes or streams are located on the property. 14 RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- 15 family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's 16 dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The 17 requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 18 19 10. City ordinances require the payment of park impact fees prior to building permit issuance. As noted in Finding of Fact No. 4, no other park mitigation is necessary to mitigate project impacts. 20 RMC 4-7-150(A): The proposed street system shall extend and create connections between existing 21 streets unless otherwise approved by the Public Works Department. Prior to approving a street 22 system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as 23 defined and designated by the Department. 24 11. Road A creates a connection between existing streets, specifically 162"d and 164th avenues. 25 RMC 4-7-150(B): All proposed street names shall be approved by the City. 26 PRELIMINARY PLAT- 13 1 12. As conditioned. 2 RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or 3 secondary arterials shall be held to a minimum. 4 13. There is no intersection with a public highway or major or secondary arterial. 5 RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works 6 Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty five feet (125) are not desirable, but may be 7 approved by the Department upon a showing of need but only after provision of all necessary safety measures. 8 9 14. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards and 10 acceptable street alignment. 11 RMC 4-7-150(E): 12 1. Grid:A grid street pattern shall be used to connect existing and new development and shall be the 13 predominant street pattern in any subdivision permitted by this Section. 14 2. Linkages: Linkages, including streets, sidewalks,pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network 15 of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan 16 Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-M and Policies CD-SO and CD-60. 17 3. Exceptions: 18 19 a. The grid pattern may be adjusted to a `flexible grid" by reducing the number of linkages or the alignment between roads, where the following factors are present on site: 20 i. Infeasible due to topographical/environmental constraints,- and/or 21 22 ii. Substantial improvements are existing. 23 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required 24 within subdivisions to allow future connectivity. 25 5. Alley Access:Alley access is the preferred street pattern except for properties in the Residential 26 Low Density land use designation. The Residential Low Density land use designation includes the PRELIMINARY PLAT - 14 1 RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible... 2 3 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 4 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically 5 possible. 6 15. The criterion is met. The frontage improvements required of the Applicant along 162nd and 7 164th will serve to improve the grid system by improving existing streets within the grid system. There is no other opportunity to integrate the proposal into any grid street system, except there is 8 some remote possibility that someday Road A could connect to an east-west road between 132nd and 9 134th. Alley access is not required since the property is zoned R4. The required frontage improvements to 162nd and 164th will provide an opportunity for further pedestrian connections as 10 properties to the north and south develop. As noted in the staff report, a short plat has been approved just north of the project site that will be required to make frontage improvements to 164th as well, so 11 sidewalk connectivity is likely to happen in the near future in a northerly direction along 164th 12 RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, 13 including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the 14 Planning/Building/Public Works Administrator or his/her designee. 15 16. As proposed. 16 RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be 17 required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be 18 required in certain instances to facilitate future development. 19 17. Road A extends to the property lines as required. 20 RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial 21 to curved street lines. 22 18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above. 23 RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private 24 access easement street per the requirements of the street standards. 25 19. As previously determined, each lot has access to a public street. 26 PRELIMINARY PLAT - 15 1 RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of 2 development and use contemplated. Further subdivision of lots within a plat approved through the 3 provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. 4 20. As previously determined, the proposed lots comply with the zoning standards of the R4 5 zone, which includes area, width and density. 6 RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the 7 side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of(1)pipestem lots, which shall have a minimum width of 8 twenty feet (20') and(2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which 9 shall be a minimum of thirty five feet (35). 10 21. As shown in Ex. 2,the requirement is satisfied. 11 RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, 12 shall have minimum radius of fifteen feet (15). 13 22. As conditioned. 14 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, 15 watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 16 23. There are no significant on-site natural features. 17 RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department 18 and the King County Health Department, sanitary sewers shall be provided by the developer at no 19 cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision 20 development. 21 24. As conditioned. 22 RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all 23 surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full-width roadway and required slopes. The drainage system shall be 24 designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage 25 system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to 26 provide capacity for the new street paving for the plat. PRELIMINARY PLAT - 16 1 25. The proposal provides for adequate drainage that is in conformance with applicable City drainage 2 standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are 3 incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. 4 RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be 5 designed and installed in accordance with City standards as defined by the Department and Fire 6 Department requirements. 7 26. As proposed and conditioned. 8 RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any 9 utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all 10 service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the 11 maintenance and operation of utilities as specified by the Department. 12 27. As conditioned. 13 RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic 14 utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line 15 by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of 16 trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider 17 shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to 18 the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 19 28. As conditioned. 20 RMC 4-7-210: 21 22 A. MONUMENTS: 23 Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys 24 shall be per the City of Renton surveying standards. 25 B. SURVEY: 26 PRELIMINARY PLAT- 17 1 All other lot corners shall be marked per the City surveying standards. 2 C. STREET SIGNS: 3 The subdivider shall install all street name signs necessary in the subdivision. 4 29. As conditioned. 5 6 DECISION 7 As conditioned, the proposed preliminary plat complies with all applicable subdivision review 8 criteria for the reasons identified in the Conclusions of Law above. The conditions of approval necessary to satisfy all subdivision criteria are as follows: 9 1. The Applicant shall comply with the mitigation measures issued as part of the Determination 10 of Non-Significance Mitigated, dated January 11, 2019. 11 2. The Applicant shall obtain a demolition permit and complete all required inspections for the 12 removal of the existing single-family residence and accessory structures prior to Final Plat recording. 13 3. The Applicant shall complete the Agreement to Cooperate in the Boundary Line Adjustment 14 (Recording No. 20030310002076) prior to final plat recording to ensure all boundary lines 15 and lot dimensions are accurate in the final plat layout. 16 4. The Applicant shall provide a minimum of ten feet (10') of on-site landscaping along all public street frontages. A final detailed landscape plan, consistent with RMC 4-8-120 and 17 RMC 4-4-070, shall be submitted to and approved by the Current Planning Project Manager 18 prior to issuance of the construction permits. 19 5. The Applicant shall create a Homeowners' Association ("HOA") that maintains all improvements and landscaping in the Storm Tract and any and all other common 20 improvements. A draft of the HOA documents shall be submitted to, and approved by, the 21 City of Renton Project Manager and the City Attorney prior to Final Plat recording. Such documents shall be recorded concurrently with the Final Plat. 22 6. The Applicant shall retain all five (5) apple trees in the tree retention tract (Tract B). A final 23 tree retention plan shall be submitted and approved by the Current Planning Project Manager 24 prior to issuance of the construction permits. 25 7. The Applicant shall submit a final tree retention plan that is consistent with a final arborist report. The final tree retention plan shall be submitted and approved by the Current Planning 26 Project Manager prior to issuance of the construction permits. PRELIMINARY PLAT- 18 1 8. If frontage improvements on 164th Ave SE are not constructed from the intersection of SE 2 132nd St and 164th Ave SE to the development than the Applicant shall ensure the 3 installation of fire sprinkler systems in all future homes located more than 500 feet from 162nd Ave SE, namely Lots 6-10. If determined to be still be applicable by the Renton 4 Regional Fire Authority at the time of civil construction permit, the Applicant shall record this sprinkler system requirement on the face of the final plat. 5 6 9. A street lighting plan shall be submitted at the time of construction permit for review and approval by the City's Plan Reviewer prior to issuance of a construction permit. 7 10. Any proposal to convert the stormwater vault within Tract A to a stormwater detention pond 8 shall be considered a Major Plat Amendment subject to the requirements outlined under 9 RMC 4-7-080.M.2. 10 11. The proposed stormwater vault within Tract A shall be located entirely below ground. Engineered construction plans showing the vault entirely below ground shall be submitted at 11 the time of Construction Permit review for review and approval. 12 12. The Applicant shall provide a plan showing existing and proposed improvements to create a 13 safe route from the project site to the future bus stop determined by Issaquah School District or documentation from the Issaquah School District that an additional stop will be added on 14 the project site. The proposal for a safe route to all three schools would be subject to review and approval by the Current Planning Project Manager during construction permit application 15 review. 16 13. All road names shall be approved by the City and the Applicant shall install all necessary 17 street name signs prior to final plat approval. 18 14. Sanitary sewers shall be provided by the developer at no cost to the City and designed in 19 accordance with City standards. Side sewer lines shall be installed eight feet(8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 20 15. Concrete permanent control monuments shall be established at each and every controlling 21 corner of the subdivision. Interior monuments shall be located as determined by the 22 Department. All surveys shall be per the City of Renton surveying standards. All other lot corners shall be marked per the City surveying standards. The subdivider shall install all 23 street name signs necessary in the subdivision. 24 16. All utilities designed to serve the subdivision shall be placed underground. Any utilities 25 installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, 26 including all service connections, as approved by the Public Works Department. Such PRELIMINARY PLAT - 19 1 installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as 2 specified by the Public Works Department. 3 17. Any cable TV conduits shall be undergrounded at the same time as other basic utilities 4 are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including 5 sidewalks, or alley improvements when such service connections are extended to serve 6 any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the 7 developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and 8 capped. The cable TV company shall provide maps and specifications to the subdivider 9 and shall inspect the conduit and certify to the City that it is properly installed. 10 18. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet(15'). 11 12 19. The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire 13 Department requirements. 14 20. The Applicant would be required to install a temporary Type III barricade between City of Renton right-of-way (ROW) and King County ROW (south end of 164th Ave SE). In 15 addition, the Applicant install a fence at the south end of 164th Ave SE (at the south 16 property line extended) to further restrict southbound vehicular traffic on 164th Ave SE at the SE 134th St line. The fence shall include an opening as determined necessary by City 17 staff to allow for the passage of pedestrians. The barricade and fence shall be installed prior to final plat approval. 18 19 DATED this 24th day of March, 2019. 20 21 22 Phi A.Otbrechis 23 City of Renton Hearing Examiner 24 25 26 Appeal Right and Valuation Notices PRELIMINARY PLAT-20 1 2 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications 3 subject to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner's decision must be filed within fourteen(14)calendar days from the date of the decision. 4 A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal period. 5 6 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLAT- 21