HomeMy WebLinkAboutDecision Letter Denis Law Mayor
City Clerk-Jason A.Seth,CMC
May 20, 2019
Kathleen Hosfeld Suzanne Davis
Homestead Community Land Trust Third Place Design Cooperative
412 Maynard Avenue S, 201 304 Alaskan Way S, 301
Seattle, WA 98104 Seattle, WA 98104
Subject: Hearing Examiner's Final Decision—Willowcrest Townhomes PUD
(LUA-19-000061)
Dear Ms. Hosfeld & Ms. Davis:
Enclosed please find the Hearing Examiner's Final Decision dated May 17, 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,
ason A. et CMC
City Clerk
cc: Hearing Examiner
Matt Herrera,Senior Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record(10)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 )
RE: Willowcrest Townhomes PUD )
10 ) FINAL DECISION
11 Preliminary and Final Planned Urban )
Development and Binding Site Plan )
12 )
LUA19-000061 BSP, PUD )
13
14
SUMMARY
15
16 The Applicant is requesting combined preliminary and final Planned Urban Development ('`PUD")
approval and Binding Site Plan (`BSP") approval for a 12 unit townhome project located at 1132
17 !Edmonds Ave NE. The BSP and preliminary and final PUD are approved subject to conditions.
18 ;,, TESTIMONY
19 Note: The following is a summary of testimony provided for the convenience of the reader only and
20 should not be construed as containing any findings of fact or conclusions of law. The focus upon or
exclusion of any particular testimony or hearing evidence in this summary is not reflective of the
21 priority or probative content of any particular hearing evidence and no assurance is made as to
accuracy.
22
23 Matt Herrera, senior planner City of Renton, summarized the staff report. Mr. Herrera explained that
24 some of the open space proposed by the Applicant via sharing open space with the adjoining
Glennwood apartments and that Glennwood still exceeds its open space requirements after deducting
25 the shared space. Mr. Herrera clarified that the shared open space only counted towards the R14
required open space and not the PUD required open space. Mr. Herrera noted that the PUD open
26 space was 148 sf short as noted by the examiner and that staff was recommending a condition, Ex. 31,
PUD and BSP - 1
1 to remedy the shortfall. Mr. Herrera requested that a condition be added requiring the Applicant to
submit a materials board to establish that the materials for the project would not unreasonably reflect
2 light and glare. In response to examiner questions,
3
Suzanne Davis, representing project architect, noted the Applicant has been working for a long time
4 with the Renton Housing Authority to do the development on the site. The site is owned by the
Renton Housing Authority. The collaboration has been important to the project. She noted that the
5 Applicant and Renton Housing Authority are in support of the recommendation and she believes the
6 Renton Housing Authority will probably not have any problem with the newly added open space
condition.
7
Linda Perrine, neighbor, noted that she owns the duplex on the northeast corner of the Glennwood
8 townhomes. She noted that Renton Housing Authority has been a very good neighbor. Glennwood
9 Ave. NE is a very small in width road. There aren't sidewalks on the west side. People park
everywhere. Glennwood Ave NE is too narrow for the additional traffic. Her last tenant used to play
10 basketball on Glennwood Ave NE.
11 In rebuttal, Mr. Herrera clarified that access to the 12 units of the proposal will be shared with the
12 existing Glennwood development from Glennwood Avenue. He noted that the width of Glennwood
Ave is 50 feet and that the current City standard is 53 feet composed of two lanes of travel, one lane
13 of parking and two sidewalks and two planter strips. Only the Glennwood portion of the street has
those frontage improvements. He clarified that the proposal currently stubs out the internal
14 connection between Glennwood and Edmonds Ave that would prevent traffic from the undeveloped
lot and Edmonds Ave to access Glennwood. The public works department has assessed the impact of
15 adding trips from the proposal to Glennwood and found no need for additional improvements to
16 Glennwood. The paved portion of the roadway meets city standards of two ten foot travel lanes. The
only portions missing are sidewalks and planter strips. There are sidewalks on one side of
17 Glennwood, but not the other.
18 EXHIBITS
19 The 27 exhibits identified at Page 2 of the July 25, 2017 Staff report were admitted into the record at
20 the July 25, 2017 hearing. The following exhibits were also admitted:
21
28. 5/8/19 Email from Examiner to Matt Herrera
22 29. Staff PowerPoint
23 30. Renton COR maps
31. Open space condition
24
25 FINDINGS OF FACT
26 Procedural:
PUD and BSP - 2
1
2 1. Applicant. Suzanne Davis, Third Place Design Cooperative, 304 Alaskan Way S, Suite 301,
Seattle, WA 9810
3
2. Hearing. A hearing on the application was held on May 14, 2019 in the Renton City Council
4 meeting chambers.
5 Substantive:
6
3. Project Description. The Applicant is requesting combined preliminary and final PUD
7 approval and BSP approval for a 12 unit townhome project located at 1132 Edmonds Ave NE. The
subject property is 74,052 square feet (1.7 acres) and located within the Sunset Terrace
8 Redevelopment Master Site Plan (LUA-14001475), identified as the Edmonds Site, and has been
9 allocated 68 multifamily units as part of the approved master plan. The 12 townhomes would be
located on the eastern portion of the property and encompass 31,187 square feet (0.72 acres) of the
10 site resulting in approximately 21 units per net acre. The townhome portion of the site would be
subdivided into 12 lots, a common open space tract, and a utility/access tract. Lot sizes would range
11 from approximately 1,000 to 1,700 square feet. Access to the townhome site would be via the
12 extension and realignment of an existing driveway located at the Glennwood Townhomes project at
1141 Glennwood Ave NE. The western portion of the site (Lot 1) would be comprised of
13 approximately 40,927 square feet (0.94 acres) and is proposed to be developed with multifamily
housing in a future phase that would be reviewed under separate permit. No access from Edmonds
14 Ave NE would be provided with this initial phase of development. The City's mapping system
indicates slopes greater than 40% and High Landslide Area along the western portion of the property.
15 The project site is within the Sunset Planned Action Area and the City's Environmental Review
16 Committee has determined the proposal qualifies as a Planned Action.
17 Each unit would contain a private yard and porch on the ground floor. Their location on the building
facades would vary with corner units entering on the sides of the buildings and middle units entering
18 from the front and back resulting in a greater sense of privacy than if all entries were clustered on the
19 same façade. The second-floor balconies for each unit alternate from front to back also creating
additional privacy. The common wall separating the townhomes would provide fire and acoustical
20 separation. The assembly is proposed to be comprised of two separate stud walls insulated with
acoustic batts and separated by an airspace.
21
22 Requested PUD modifications are summarized in the following table copied from the staff report:
23
24 Minimum Lot Size: Lot sizes for each of the
RMC 4-2-120A Lots created after November 10, 2004 townhomes will range from
25 25,000 square feet 972 square feet to 1,669
square feet.
26
PUD and BSP - 3
1 Setbacks: Exceed the 20-foot maximum
Min. Secondary Front Yard—15ft setback along Edmonds Ave NE
2 Max.Secondary Front Yard—20ft for Willowcrest Townhomes
3 Min. Rear Yard—15ft if lot abuts a lot Phase 1.
zoned residential Alter 15-foot residential
4 RMC 4-2-120A setback to Glennwood
5 Townhomes property to 'None'
Alter secondary front yard
6 setback from access driveway
as shown on site plan (Exhibit 7
3)
8 Building Orientation: Front entries would be oriented
9 RMC 4-2-120A Except for unit lot subdivisions,the to access driveway or open
front entry of residential only uses spaces.
10 shall be oriented to a public street.
Site Design: Lot Configuration -Lots Lots accessed via woonerf style
11 accessed by easements or pipestems access driveway easement.
RMC 4-2-115E.1 shall be prohibited. Realignment through abutting
12 Glennwood Townhomes would
13 be necessary.
Site Design:Garages—One of the The garage is attached and the
14 following is required:The front porch front porch does not project in
15 projects in front of the garage a front of the garage a minimum
RMC 4-2-115E.1 minimum of 5-feet and is a minimum of 5-feet and is not a minimum
16 of 12-feet wide,or the garage is of 12-feet wide.
detached and setback from the front
17 of the house and/or porch at least 6-
feet.
18 Residential Design:Architectural 3.5-inch trim on the ground
19 RMC 4 2 115E.3 Detailing-Three and one-half inches floor.Trimless windows and
(3 1/2") minimum trim surrounds all doors on the second and third
20 windows and details all doors. story acceptable.
21 Residential Design:Windows and Primary entry doors face access
Doors-Primary entry doors shall face driveway, but additional
22 RMC 4-2-115E.3 a street, park,common green, pocket secondary entries mimic
park, or pedestrian easement and primary entries providing
23 shall be paneled or have inset entrances on all four sides of
windows. buildings.
24
Standards for Common Open Space Deficit in common open space
25 RMC 4-2-115E.2 for Developments of four or more made up via integration of
units: For each unit in the open space with neighboring
26 development,three hundred fifty Glennwood Townhomes
PUD and BSP - 4
1 (350)square feet of common open development.Access easement
2 space shall be provided. for Willowcrest Townhomes
residents to utilize space.
3 Sidewalks, Pathways, and Pedestrian The townhomes would be
4 Easements: For all homes that do not accessed via a woonerf. Each
front on a residential access street, townhome building would be
5 RMC 4-2-115E.2 limited residential access street, a activated on all facades. Homes
park, or a common green: Pedestrian would appear to front on the
6 entry easements that are at least woonerf side,the open space
fifteen feet(15')wide plus a five-foot side,and private yard side.
7 (5')sidewalk shall be provided.
8 Residential Design: Primary Entry; Entries to the townhomes
Both of the following are required: would be accessed from the
9 • The entry shall take access woonerf, open space, and
from and face a street, park, private yard side as referenced
10 common green, pocket park, previously and each entry
pedestrian easement, or open would contain a stoop varied in
11 RMC 4-2-115E.3 space, and height based on the location.
• The entry shall include a
12 porch or stoop with a
13 minimum depth of five feet
(5') and minimum height
14 twelve inches (12") above
grade.
15 Private Open Space:The private open Lots Al,A4, B1, and B4 do not
16 space shall be well demarcated and at meet the 15-foot dimensional
least fifteen feet(15') in every requirement however the
RMC 4 9 150E.2
17 dimension.The minimum dimensional private open space provided
standards of may be modified exceeds the minimum area
18 provided,that the minimum area requirement.
requirement is maintained.
19
20
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
21 appropriate infrastructure and public services as follows:
22 A. Water and Sewer Service. Water and sanitary sewer service for the development would be
23 provided by the City of Renton. Proximate 8-inch sewer and water mains are available to
serve the project site. Water service for fire protection and for domestic use will be
24 provided through an extension of the existing 12-inch water main at the abutting
25 Glennwood Townhomes site. The preliminary fire flow demand for Phase 1 of the
Willowcrest Townhomes is 2,000 gpm including the use of an automatic fire sprinkler
26
PUD and BSP - 5
1 system. The Applicant has proposed a six-inch diameter gravity sewer line that would
2 connect to the City's system in Edmonds Ave NE.
3 B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire
4 Authority and police service by the Renton Police Department.
5 Police and Fire Prevention staff indicates that sufficient resources exist to furnish services
6 to the proposed development; subject to the condition that the Applicant provides Code
required improvements and fees including but not limited to approved fire sprinkler and fire
7 alarm systems throughout the buildings in lieu of providing secondary emergency vehicle
8 access with the Willowcrest portion (Phase 1) of the development. The 2019 Fire Impact
Fees are $964.53 per new multifamily residence. The fee in effect at the time of building
9 permit application is applicable to this project and is payable at the time of building permit
10 issuance.
11 C. Drainage. In conjunction with the City's stormwater regulations, the proposal mitigates all
12 significant drainage impacts and provides for adequate and appropriate stormwater
facilities. Public works staff has reviewed the Applicant's preliminary drainage design and
13 found it to conform to the City's design standards. Important for neighboring properties,
14 the drainage standards require off-site stormwater flows to be at or less in volume and
velocity than predevelopment conditions. The development is subject to Full Drainage
15 Review in accordance with the 2017 Renton Surface Water Design Manual.
16
17 The Applicant submitted a Technical Information Report (TIR) prepared by Corterra
Engineering dated March 14, 2019 (Exhibit 12) and utility plan (Exhibit 14). The site is
18 located within the Peak Rate Flow Control Standard are matching existing conditions and is
19 within the East Lake Washington Drainage Basin. The proposal is subject to full drainage
review in accordance with the 2017 Renton Surface Water Design Manual (RSWDM). All
20 nine (9) core requirements and six (6) special requirements are discussed in the TIR.
21
The Applicant proposes to provide a detention vault located within the access driveway and
22 parallel parking spaces west of Building B to comply with the peak rate flow control
23 standard. Perforated roof drains would be routed to the detention vault. The Applicant has
proposed a filter cartridge system located upstream of the detention vault to provide water
24 quality treatment of pollution generating impervious surfaces such as the access driveway.
25 Flows from the vault would be discharged into the City storm system located in Edmonds
Ave NE.
26
PUD and BSP - 6
1 The Applicant would be required to submit a final TIR with the construction permit
2 application that complies with the RSWDM and civil plan review comments provided in the
Advisory Notes (Exhibit 18).
3
4 D. Parks/Open Space. The project provides for adequate parks and open space. The
Applicant has provided active and passive recreational opportunities and open spaces
5 throughout the development as required by PUD open space and design district standards.
6 As outlined at page 24 of the staff report, the Willowcrest Townhomes PUD site is 31,187
7 square feet resulting in a common open space requirement of 3,119 square feet that would
be required to be provided onsite. The architectural site plan (Exhibit 26) identifies 3,571
8 square feet of total common open space provided on the Willowcrest Townhomes site.
Common open space is provided in areas east of Building A, between Buildings A and B,
9 west of Building B, and west of Building C. The common open space is not sufficient to
10 accommodate both the 10% open space requirement and an additional requirement
identified in the report for 50 square feet per dwelling unit (for a total of 600 square feet for
11 the twelve units). For this reason, a condition of approval requires the submission of a
revised site plan with enough open space to accommodate both the 10% and the 50 sf
12 requirement.
13 In addition to the PUD open space standards, the proposal is also subject to R14 design
14 standards. The site is located within Urban Design District `D', which imposes R14 design
and open space standards for townhomes per RMC 4-2-080A.6 and RMC 4-4-150B.1.
15
In addition to the proposed open space, the Applicant will be required to pay a park impact
16 fee. The 2019 Park Impact Fee is $2,676.89 per new multifamily residence. The fee in
17 effect at the time of building permit application is applicable to this project and is payable at
the time of building permit issuance.
18
E. Pedestrian Circulation. As proposed, the proposal provides for a safe, efficient and
19 attractive pedestrian circulation system that is clearly delineated and connects buildings and
20 open space. The central location of the existing playground on Glennwood Townhomes
site and the combined common open space with pedestrian loop creates pedestrian
21 circulation spaces for all three sites. The Phase 2 RFIA multifamily development identifies
the location of a new access drive from Edmonds Ave NE that would connect to the
22 northwest end of the Willowcrest access drive. Future residents at the multifamily site
23 would have access to pedestrian paths alongside the access drive that will connect them to
the Willowcrest and Glennwood Townhomes sites and common areas, linking all three sites
24 from Glennwood Ave NE to Edmonds Ave NE.
25 F. Transportation. The proposal is served by adequate and appropriate transportation
26 infrastructure.
PUD and BSP - 7
1
2 The Applicant would provide an internal 20-foot wide private access drive designed as a
woonerf with shared pedestrian and vehicle space. The woonerf would gain access from the
3 existing Glennwood Townhomes development driveway along Glennwood Ave NE. The
shared pedestrian and vehicle access would provide circulation for residents of the
4 Glennwood and Willowcrest Townhome developments. A connection with the future Phase
5 2 multifamily development on the west side of the site would provide pedestrian access
from Glennwood Ave NE to Edmonds Ave NE allowing shorter pedestrian travel times to
6 public sidewalks, transit, Sunset Neighborhood Park, Highlands Library, schools, and
commercial area. The proposed site layout would limit curb cuts onto public streets to two
7 (2) driveways, one (1) existing on Glennwood Ave NE and one (1) on Edmonds Ave NE
with the future Phase 2 development. The access drive would contain the required 20-foot
8 width and hammerhead turnaround between Buildings A and B to provide access for
9 emergency vehicles for the Willowcrest Townhome development. The future Phase 2
multifamily development would connect the access drive from Edmonds Avenue NE and
10 provide continuous fire access through the three sites.
11 The site is separated from public on-street parking, the woonerf is limited to 20-feet wide
12 and it is also intended to provide pedestrian and emergency vehicle access. To ensure the
woonerf provides safe, sufficient, and efficient access for pedestrians and emergency
13 vehicles, a condition of approval requires that the Applicant submit a final landscape plan
that provides landscaping and other aesthetically attractive barriers to discourage vehicle
14 parking along the woonerf. Techniques such as trees in grates, large above-ground planters,
15 and bollard lighting along areas of the woonerf that do not hinder emergency vehicle access
would be acceptable.
16
A realignment of the access drive would require the relocation of two (2) parking spaces
17 and two (2) landscape islands on the Glennwood Townhome site. No reduction to parking
would occur. However, it is unclear from the site and landscape plans (Exhibits 3 and 4) if
18 the existing internal parking lot landscaping quantities would remain with the parking
19 realignment in the Glennwood site. Therefore, a condition of approval requires that the
Applicant submit a detailed landscape plan with the civil construction permit that identifies
20 no net loss of internal parking lot landscaping would occur with the realignment of access
drive through the Glennwood Townhomes site.
21
22 A transportation memorandum prepared by Transpo Group, dated January 21, 2019 (Exhibit
15) indicates the Willowcrest Townhomes would generate approximately 88 weekday
23 vehicle trips with five (5)trips during the weekday AM peak hour and seven (7) trips during
the weekday PM peak hour. A Traffic Impact Analysis is not required for the proposal as it
24 would generate less than 20 peak hour trips.
25
The Applicant has requested to defer the required design and construction of frontage and
26 utility improvements along Edmonds Ave NE to the Phase 2 RI-IA multifamily
PUD and BSP - 8
1 development. The request is granted with the condition that covenants be recorded on the
Phase 2 property and statement of acknowledgement on the Binding Site Plan recorded with
2 King County that design and construction of the Edmonds Ave NE frontage and utility
3 improvements would occur with the development of Lot 1.
4 The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
16), which is based upon a test of the citywide Transportation Plan, consideration of growth
5 levels included in the LOS-tested Transportation Plan, payment of transportation impacts
6 fees, and application of site specific mitigation.
7 During the hearing a neighbor expressed concern over use of Glennwood Ave NE to
accommodate the traffic generated by the proposal, asserting that Glennwood is too narrow
8 for the extra traffic. Staff concurred that the street is missing frontage improvements, but
9 that the width of the travelled portions of the roadway meets City standards. The City's
public works department has also reviewed the proposal and found no need for
10 improvements to Glennwood beyond frontage improvements. For these reasons, it is
determined that the Glennwood Ave NE is adequate and appropriate as proposed and
11 condition to accommodate the additional traffic generated by the proposal.
12 G. Schools. The proposal provides for adequate and appropriate schools. It is anticipated that
13 the Renton School District can accommodate any additional students generated by this
proposal at the following schools: Kennydale Elementary, McKnight Middle School, and
14 Hazen High School. With the exception of McKnight Middle School, any new students
15 from the proposed development would be bussed to their schools. The stop is located
16 approximately 0.11 miles from the project site at Harrington Ave NE and NE 12th St.
Students would walk along a sidewalk on Glennwood Ave NE to Harrington Ave NE and
17 turn north to NE 12th St. McKnight Middle School is located approximately 900 feet north
18 from the Harrington Ave NE and NE 12th St intersection and students would walk to school
along the sidewalk on Harrington Ave NE.
19
20 A School Impact Fee would be required in order to mitigate the proposal's potential impacts
to the Renton School District. The 2019 School Impact Fee is $2,455.00 per new
21 multifamily residence. The fee in effect at the time of building permit application is
22 applicable to this project and is payable at the time of building permit issuance.
23 H. Parking. Staff has determined that the proposal complies with applicable parking.
24
As shown in the submitted floor plans (Exhibit 8), the Applicant has provided one (1)
25 parking space within a first floor garage in each of the 12 townhome units. Each garage
26 space is a minimum of 9-feet by 20-feet. The Applicant has proposed 21 parking spaces (12
PUD and BSP - 9
1 garage and 9 surface) for the 12-unit development or 1.75 spaces per dwelling unit thereby
2 meeting the maximum number of parking spaces for low income residential uses. Eight (8)
surface spaces are provided as parallel 9-foot by 23-foot spaces and one (1) 90-degree
3 compact space of 8.5-feet by 16-feet. These surface spaces would be screened from
4 Glennwood Ave NE by the Glennwood and Willowcrest Townhomes and by Edmonds Ave
NE by the future multi-family building and in the interim by an approximate 150-foot wide
5 existing vegetated buffer on the vacant Lot 1.
6
Due to the site's separation from public on-street parking and the need to keep the access
7 drive clear for pedestrians and emergency vehicles, a condition of approval requires that
8 garage space be used for parking of vehicles as opposed to storage space.
9 Additionally, there appears to be adequate space to provide a full 9-foot by 20-foot
10 perpendicular space where the compact space is shown west of Building C. In order to
prevent vehicle overhang into the woonerf, a condition of approval requires that the
11 Applicant submit a revised site plan that replaces the compact surface vehicle parking space
12 with a full size 9'x20' 90-degree parking space.
13 5 Adverse Impacts. There are no significant adverse impacts associated with the proposal.
14 Pertinent impacts are addressed individually as follows:
15 A. Critical Areas. The only critical areas on the site are potential geologically hazardous
areas, which will not be located within the developed portion of the site. As discussed
16 below, conditions of approval will ensure that any future construction near the
17 geologically hazardous areas will be in conformance with the City's critical areas
ordinance. As conditioned,the proposal will not create any significant impacts to critical
18 areas.
19 The City's COR mapping system has indicated potential slopes greater than 40-percent
20 with high and moderate landslide hazards located on the western portion of the property
abutting the Edmonds Ave NE frontage. An approximately six (6) foot high rockery is
21 located along the Edmonds Ave NE street frontage and as shown on the submitted
topographic survey (Exhibit 9), localized areas near the southwest corner of the Edmonds
22 Site contain slopes in excess of 40-percent. The rockery and localized slopes are likely the
23 result of the Edmonds Ave NE street improvements that were installed as the area is in
and around a slope, sidewalk, and rockery easement as shown on the survey. It is unclear
24 if any of the localized areas of 40-percent slopes meet the definition of protected slope
status, however these areas are located in Lot 1 and the proposed improvements, with the
25 exception of utility installation, for Willowcrest Townhomes are greater than 15-feet from
26 the areas identified in COR maps and sloped areas shown on the topographic survey.
Unless modified via RMC 4-3-050J.1.a or a variance is granted per RMC 4-9-250B.9,
PUD and BSP - 10
1 protected slopes and their associated buffers are required to be placed in native growth
protection tracts when land is subdivided. At the hearing, staff confirmed that Lot 1 will
2 very likely still be a buildable lot even if there are protected slopes present.
3
Utility installation for the proposed Phase 1 Willowcrest Townhomes would traverse the
4 southern portion of Lot 1 and within areas near potential slopes and landslide hazards
identified on COR maps. Therefore, a condition of approval requires the Applicant to
5 submit a revised geotechnical report with the civil construction permit application for the
6 areas impacted by utility installation along the southern boundary of Lot 1 and determine
whether these areas would be considered sensitive and/or protected slopes or High
7 Landslide Hazard Areas. Should these geologically hazardous areas be identified and
confirmed, the Applicant shall submit the appropriate critical areas exemption or
8 modification request for construction of new utilities per RMC 4-3-050C.3.e or RMC 4-3-
9 050J.1and identify appropriate mitigation for the encroachment in the updated report.
10 As provided in the geotechnical report prepared by GeoEngineers dated November 15,
2018 (Exhibit 17), no geologically hazardous areas were identified on the Willowcrest
11 Townhome site and the area that would be developed with housing, access, and amenities
12 is relatively flat. The report concluded that the townhome buildings could be supported on
conventional spread footings and the proposed woonerf access drive could be supported
13 on existing fill soils provided the upper two (2) feet of the fill is compacted as structural
fill.
14
B. Tree Retention. The proposal provides for adequate preservation of trees because it is
15 consistent with the City's tree retention standards.
16
The City's adopted Tree Retention and Land Clearing Regulations (4-4-130) require the
17 retention of 10 percent of significant trees in a residential development. The Applicant's
arborist report (Exhibit 10) and tree retention plan (Exhibit 11) identify approximately 78
18 trees over 6-inches in diameter on the Edmonds site, which is inclusive of Phases 1 and 2.
19 Of those, 61 trees were determined to be significant. The Applicant would be required to
retain a minimum of six (6) significant trees on the entire Edmonds site (Phases 1 and 2).
20 The trees are primarily cottonwood, wild cherry, black locust, and alder. Evergreen species
such as cedar, fir, spruce and madrone are also located on the site. The Applicant proposes
21 to remove 22 significant trees within the Willowcrest Townhomes area and retain four(4)
22 significant trees within the clearing limits of Phase 1 and likely outside of future Phase 2
improvements. While included in the construction area of Phase 1, these four (4) trees
23 would be located in Lot 1, the future Phase 2 multifamily building. These four (4) trees
along with the remaining 39 significant trees located west of the clearing limits for
24 Willowcrest Townhomes would remain on the future Phase 2 portion of the Edmonds site.
25 The future Phase 2 would be required to retain six (6) trees to comply with the retention
standards. This could include the four (4) trees retained in the Phase 1 clearing limits and
26 two (2) additional trees onsite or other arrangement as permitted in RMC 4-4-130.
PUD and BSP - 11
1
During construction, trees to be retained (i.e., protected trees), would be required to
2 comply with the tree protection measures during construction (RMC 4-4-130H.9). The
3 eight central components of tree protection include defining and protecting the drip line,
erecting and maintaining a temporary six-foot-high chain link construction fence with
4 placards around the tree to be retained, protecting the tree from grade changes, keeping the
area clear of impervious surface material, restricting grading within the drip line,
5 providing 3" of bark mulch within the required fencing, retaining a certified arborist to
6 ensure trees are protected from development activities, and alternate protection/safeguards
as necessary. Therefore, a condition of approval requires the Applicant to submit a revised
7 tree retention plan with the civil construction permit application that provides the required
tree protection fencing, mulching, and monitoring schedule to be performed by a certified
8 arborist.
9 C. Compatibility. The proposal is compatible with surrounding uses. The surrounding
10 neighborhood features a mixture of single family, duplex, multifamily, and professional
office buildings. The Willowcrest Townhomes buildings will be similar in size and scale to
11 the Glennwood Townhomes directly to the east. The Willowcrest Townhomes will also
12 provide a transition from the Phase 2 multifamily along Edmonds Ave NE to the
townhomes and duplexes on Glennwood Ave NE..
13
Interior compatibility is also assured. The three townhouse buildings are related to each
14 other in their massing, materials, and color palette. They all have shed roofs that slope north
to south. The roof overhangs on the gable ends transition into vertical modulations that
15 extend to the ground, and the locations of these modulations vary on each building.
16 Exteriors would contain fiber cement siding with composite wood and metal accents.
17 6. Superiority in Design. The proposed Willowcrest Townhomes would be superior to that which
would result without using the PUD regulations by the ability to integrate the development with the
18 existing Glennwood Townhomes. Without the PUD, the Willowcrest Townhomes would have to be
19 separated and buffered from the Glennwood Townhomes due to the sites different land use
designations. The Edmonds site is zoned CV and allows a higher intensity of development and
20 potential commercial uses while the Glennwood site is Residential-14 and the highest use would be
attached housing with modest density. The code would require a 15-foot wide landscape screen
21 between the two properties. This screen would block any integration of the two properties and ability to
22 grow and have a centralized open space amenity with opportunities to gather with neighbors. The
ability to design the two (2) sites as one creates an integrated community instead of separating
23 neighbors.
24 7. Public Benefit. The proposal provides for numerous public benefits as outlined at pages 16-
19 of the staff report.
25
26 CONCLUSIONS OF LAW
PUD and BSP - 12
1 Procedural:
2 1 Authority. RMC 4-9-150(F)(8)(b) authorizes the Examiner to conduct hearings and make
3 final decisions on preliminary PUD applications that are consolidated with BSP applications. RMC
4-9-150(G)(6) authorizes the consolidation of final PUD review with the preliminary PUD and BSP
4 review before the examiner for final decision.
5 Substantive:
6
2. Zoning/Comprehensive Plan Designations. The project site is zoned Center Village (CV) and
7 has a comprehensive plan land use designation of Commercial and Mixed Use.
8 3. Review Criteria. RMC 4-9-150 governs preliminary and final PUD review criteria and RMC
9 4-7-230(C) governs BSP review criteria. Applicable criteria are quoted below in italics and applied
through corresponding conclusions of law.
10
PRELIMINARY PUD
11
12 RMC 4-9-150(B)(2) and (3): Code Provisions That May Be Modified:
13 a. In approving a planned urban development, the City may modem any of the standards of chapter 4-
2 RMC, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of
14 this Section. All modifications shall be considered simultaneously as part of the planned urban
15 development.
16 b. An Applicant may request additional modifications from the requirements of this Title, except those
listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of
17 the planned urban development.
18 4. As shown in Finding of Fact No. 3, the requested revisions are limited to Chapter 4-2
19 regulations as authorized above, except for the private open space requirements of RMC 4-9-
20 150(E)(2). However, RMC 4-9-150(E)(2) itself provides that "[tJhe minimum dimensional
standards of this Section may be modified through the planned urban development review process;
21 provided, that the minimum area requirement is maintained." Since modifications to private open
22 space are limited to dimensions and minimum required area is maintained, the private open space
modifications are also appropriately subject to modification in this PUD review.
23
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
24 following requirements are met.
25 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a
26 proposed development is following the purposes of this Section and with the Comprehensive Plan,
PUD and BSP - 13
1 that the proposed development will be superior to that which would result without a planned urban
development, and that the development will not be unduly detrimental to surrounding properties.
2
3 5. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A),
are to preserve and protect the natural features of the land and to encourage innovation and creativity
4 in development of residential uses. There are no natural features at the project site in need of
5 protection, except for steep slopes that as conditioned will be protected as required by the City's
critical areas ordinance. More importantly, the proposal succeeds in innovative and creative design
6 for the reasons identified in Finding of Fact No. 6 and 7. As determined in Finding of Fact No. 5,the
7 proposal will not create any significant adverse impacts, so it will not be unduly detrimental to
surrounding properties.
8
9 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
10 •••
2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development
11 will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable
effects of the proposed planned urban development, particularly those adverse and undesirable
12 impacts to surrounding properties, and that the proposed development will provide one or more of
13 the following benefits than would result from the development of the subject site without the proposed
planned urban development:
14
a. Protects critical areas that would not be protected otherwise to the same degree as without
15 a planned urban development; or
16 b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject
property, such as significant woodlands, native vegetation, topography, or noncritical area
17 wildlife habitats, not otherwise required by other City regulations; or
c. Public Facilities: Provides public facilities that could not be required by the City for
18 development of the subject property without a planned urban development.
19 d. Overall Design: Provides a planned urban development design that is superior to the
design that would result from development of the subject property without a planned urban
20 development. A superior design may include the following: ...
21
22 6. The proposal provides for public benefit for the elements quoted above as determined in
Finding of Fact No. 7.
23
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
24 following requirements are met.
25
26
PUD and BSP - 14
1 3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria:
2
3 a. Building and Site Design:
4 i. Perimeter: Size, scale, mass, character and architectural design along the planned urban
development perimeter provide a suitable transition to adjacent or abutting lower density/intensity
5 zones. Materials shall reduce the potential for light and glare.
6
7. The criterion is met for the reasons identified at Finding of Fact No. 5(C). In order to ensure
7 proper materials that reduce night and glare, a condition of approval requires the Applicant to submit
a materials board to the Current Planning Project Manager to confirm that siding materials are non-
8 reflective to reduce the potential for light and glare.
9
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
10 following requirements are met.
11
12 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria:
13
a. Building and Site Design:
14
15 ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be
16 related by coordinated materials and roof styles, but contrast should be provided throughout a site by
the use of varied materials, architectural detailing, building orientation or housing type; e.g., single
17 family, townhouses,flats, etc.
18 8. The criterion is met for the reasons identified in Finding of Fact No. 5(C).
19
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
20 following requirements are met.
21
22 3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
23
24 b. Circulation:
25 i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have
26 sufficient pedestrian and vehicle access commensurate with the location, size and density of the
PUD and BSP - 15
1 proposed development. All public and private streets shall accommodate emergency vehicle access
and the traffic demand created by the development as documented in a traffic and circulation report
2 approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas.
3
9. The proposal provides for adequate streets and pedestrian facilities as determined in Finding
4 of Fact No. 4.
5 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
6 following requirements are met.
7 ...
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
8 consistency with all of the following criteria
9
10 b. Circulation:
11
12 ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited
13 driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep
gradients.
14
10. The proposal meets this requirement as determined in Finding of Fact No. 4F.
15
16 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
17
18 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
19 consistency with all of the following criteria
20
b. Circulation:
21
22
23 iii. Provision of a system of walkways which tie residential areas to recreational areas, transit,public
walkways, schools, and commercial activities.
24
25 11. As noted in Finding of Fact No. 4F, as conditioned the proposal provides for a well-integrated
system of internal pedestrian improvements that ultimately connect to required frontage pedestrian
26 improvements.
PUD and BSP - 16
1
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
2 following requirements are met.
3
4 3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
5
b. Circulation:
7
8
9
iv. Provides safe, efficient access for emergency vehicles.
10
12. The proposal provides for safe and efficient access for emergency vehicles as determined in
11 Finding of Fact No. 4F.
12 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
13 following requirements are met.
14
3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
15 consistency with all of the following criteria
16
c. Infrastructure and Services: Provides utility'services, emergency services, and other improvements,
17 existing and proposed, which are sufficient to serve the development.
18 13. As determined in Finding of Fact No. 4,the proposal is served by sufficient public
19 infrastructure and services to serve the development.
20 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
21
22 -•
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
23 consistency with all of the following criteria
24
25
26
PUD and BSP - 17
1 d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering,
separation of building groups, and with well-designed open space and landscaping, or a reduction in
2 amount of impervious surfaces not otherwise required.
3
14. The criterion is met. The proposed townhomes are grouped into three buildings of four units
4 each creating a balance between the mass and scale of the buildings and the amount of open space
provided on the site. Impervious surfaces are limited to the main drive aisle, sidewalks, and porches.
5
6 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
7
8 3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
9 consistency with all of the following criteria
10 •••
11 e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external
12 privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual
and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks,
13 barriers, and landscaping are used, as appropriate,for the protection and aesthetic enhancement of
the property, the privacy of site occupants and surrounding properties, and for screening of storage,
14 mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a
height or location or screened to provide sufficient privacy. Sufficient light and air are provided to
15 each dwelling unit.
16
15. The proposal is designed to provide for privacy and adequate building separation. Each unit
17 would contain a private yard and porch on the ground floor. Their location on the building facades
would vary with corner units entering on the sides of the buildings and middle units entering from the
18 front and back resulting in a greater sense of privacy than if all entries were clustered on the same
19 façade. The second-floor balconies for each unit alternate from front to back also creating additional
privacy. The common wall separating the townhomes would provide fire and acoustical separation.
20 The assembly is proposed to be comprised of two separate stud walls insulated with acoustic batts
and separated by an airspace.
21
22 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
23 •••
3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
24 consistency with all of the following criteria
25
26
PUD and BSP - 18
1 f Building Orientation: Provides buildings oriented to enhance views from within the site by taking
advantage of topography, building location and style.
2
3 16. The townhome units would have views of green space. The spacing and changes in the
orientation between the buildings would avoid conditions where residents have views into other units.
4 Views out over Lot 1 to the west are preserved both for Willowcrest and Glennwood Townhomes
residents.
5
6 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
7
8 3. Additional Review Criteria:A proposed planned urban development shall also be reviewed for
9 consistency with all of the following criteria
10 •••
11 g. Parking Area Design: Provides parking areas that are complemented by landscaping and not
12 designed in long rows. The size of parking areas is minimized in comparison to typical designs, and
each area related to the group of buildings served. The design provides for efficient use of parking,
13 and shared parking facilities where appropriate.
14 17. Each unit would have a private single car garage. Eight (8) surface parking spaces would be
provided parallel to the access drive with one (1) compact space perpendicular to the drive. The
15 spaces would have trees planted along their side for screening and shade.
16
RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the
17 development standards contained in subsection E of this Section, the underlying zone, and any
18 overlay districts; unless a modification for a specific development standard has been requested
pursuant to subsection B2 of this Section.
19
18. As discussed below, the proposal complies with all development standards imposed by RMC
20 4-9-150(E). The proposal is compliant with the standards of the underlying CV zone for the reasons
21 identified in Finding of Fact No. 21 of the staff report. No overlay districts apply.
22 RMC 4-9-150(E)((1): Common Open Space Standard: Open space shall be concentrated in large
usable areas and may be designed to provide either active or passive recreation. Requirements for
23 residential, mixed use, commercial, and industrial developments are described below.
24 a. Residential:For residential developments open space must equal at least ten percent
(10%) of the development site's gross land area.
25 i. Open space may include, but is not limited to, the following:
26
PUD and BSP - 19
1 (a)A trail that allows opportunity for passive recreation within a critical area buffer
(only the square footage of the trail shall be included in the open space area
2 calculation), or
3 (b)A sidewalk and its associated landscape strip, when abutting the edge of a critical
area buffer and when a part of a new public or private road, or
4 (c)A similar proposal as approved by the Hearing Examiner.
ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or
5 recreation area shall be provided in a concentrated space as illustrated in Figure 1.
6
19. As outlined at page 24 of the staff report, the Willowcrest Townhomes PUD site is 31,187 square
7 feet resulting in a common open space requirement of 3,119 square feet that would be required to be
provided onsite. The architectural site plan (Exhibit 26) identifies 3,571 square feet of total common
8 open space provided on the Willowcrest Townhomes site. Common open space is provided in areas
9 east of Building A, between Buildings A and B, west of Building B, and west of Building C. The
proposed amount of PUD open space is 128 sf short of what is required in combining the 10%
10 requirement with the 50 sf requirement. A condition of approval requires the site plan to be revised
to provide for the total amount of open space required for the proposal.
11
12 RMC 4-9-150(E)(2): Private Open Space: Each residential unit in a planned urban development
13 shall have usable private open space (in addition to parking, storage space, lobbies, and corridors)
for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or
14 detached, shall have private open space which is contiguous to the unit. The private open space shall
15 be well demarcated and at least fifteen feet (15) in every dimension (decks on upper floors can
16 substitute for the required private open space). For dwelling units which are exclusively upper story
units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less
17 than five feet (5). ... The minimum dimensional standards of this Section may be modified through
18 the planned urban development review process; provided, that the minimum area requirement is
maintained.
19
20. The conceptual landscape plan (Exhibit 4) identifies landscaping and rockeries along the
20 outside of the yards abutting common open spaces and abutting properties, however no delineation is
21 provided within the interior yard spaces separating private yards from each other. Therefore, a
condition of approval requires the Applicant to submit a final landscape plan with the civil
22 construction permit that provides demarcation surrounding each private yard consisting of
23 landscaping, fencing, wall, rockery, or some other delineation method approved by the Current
Planning Project Manager.
24
The private open space provided on all but four (4) lots contains at least a 15-foot by 15-foot
25 dimension. The end units on Buildings A and B contain between 10 and 12 feet from the exterior wall
26 to the end of the private wall, but contain between 22 and 25 feet in width with additional side yard
PUD and BSP -20
1 and patio space. While the dimension is short of the 15-foot standard measured from the exterior wall
2 to the back of the yard, private open space exceeding the 15-foot by 15-foot dimension (225 square
feet) is provided. Including porch spaces, private open space for these four (4) units range from 451
3 square feet to 906 square feet. Since the amount of open space provided significantly exceeds that
4 required and is in part due to site constraints caused by the unique design of the overall project, the
proposed dimensions are approved by this decision.
5
RMC 4-9-150(E)(3): Installation and Maintenance of Common Open Space:
6
a. Installation: All common area and open space shall be landscaped in accordance with the
7
landscaping plan submitted by the Applicants and approved by the City;provided, that common open
8 space containing natural features worthy of preservation may be left unimproved. Prior to the
9 issuance of any occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the
10 date of final approval of the planned urban development, and maintained for a period of two (2)
11 years thereafter prior to the release of the security device. A security device for providing
maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable
12 landscaping firm licensed to do business in the City of Renton is executed and kept active for a two
13 (2)year period. A copy of such contract shall be kept on file with the Development Services Division.
14 b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070.
15 21. As Conditioned.
16 RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities:
17 a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but
18 not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the
developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee,
19 assured through a security device to the City equal to the provisions of RMC 4-9-060...
20 22. As Conditioned.
21
RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities:
22
23
b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by
24 the planned urban development owner, if there is only one owner, or by the property owners'
25 association, or the agent(s) thereof. In the event that such facilities are not maintained in a
responsible manner, as determined by the City, the City shall have the right to provide for the
26
PUD and BSP -21
1 maintenance thereof and bill the owner or property owners' association accordingly. Such bill, if
2 unpaid, shall become a lien against each individual property.
3 23. As conditioned.
4 Final PUD
5 RMC 4-9-150G6: Review and Approval of Final Plan: The final plan shall be reviewed by the
6 applicable City departments, in the manner prescribed for preliminary plans, to determine if the final
plan is in substantial conformance with the approved preliminary plan and is consistent with the
7 purposes and review criteria of this Section. The Community and Economic Development
8 Administrator shall make a decision to approve, approve with conditions or deny the final plan. The
decision shall include a description of the elements of the approved planned urban development,
9 including land uses, number of units, phasing, the effective date of approval and of expiration, time
10 limits, required improvements and the schedule for implementation, and any conditions that may
apply to the planned urban development.
11
24. The final PUD is approved by this decision, with the information required above more
12 particularly described as follows:
13 A. Authorized land uses, number of units and conditions of approval. As outlined in the
14 Decision section of this Decision, the final PUD is approved as depicted in Ex. 3 and described in
15 Finding of Fact No. 3, subject to the conditions listed in the Decision section.
16 B. Phasing. The Edmonds site would be developed in two phases first with the
Willowcrest Townhomes and then with a future Phase 2 multifamily building on the west side of the
17 site (Lot 1). The Willowcrest Townhomes site would be developed to contain all required parking,
18 common open space, utilities, access, etc. for that phase. The future Phase 2 would be permitted
separately and is anticipated at a minimum to require environmental review (or consistency with the
19 planned action) and site plan review and would be required to meet the codes in place at the time of
20 application and construct the street frontage improvements along Edmonds Ave NE. Pursuant to
RMC 4-1-045 Vesting, Binding Site Plans do not vest projects to development standards. A building
21 permit would be required to gain vesting rights.
22 C. Effective date. The effective date of approval is the signature date in the Decision
23 section.
24 D. Time limits. The Applicant shall, within two (2) years of the signature date of this
25 decision submit complete building permit applications to the Department of Community and
Economic Development.
26
PUD and BSP - 22
1 E. Expiration. Expiration of an approved final plan planned urban development shall be
2 defined as failure to initiate construction of a planned urban development or failure to submit a
complete building permit application within the approved final plan time limits. Expiration can only
3 occur if no on-site construction has begun or the expiration of building permits has occurred.
4 F. Required improvements. Required improvements and the implementation schedule
5 thereof is as depicted in Ex. 3 and outlined at page 40-41 of the staff report under "Required
Improvements," along with all recommended conditions therein.
6
7
8 Binding Site Plan
9 RMC 4-7-230(C):
10 APPROVAL CRITERIA:
11 Approval of a binding site plan or a commercial condominium site shall take place only after the
following criteria are met:
12
13 1. Legal Lots: The site that is subject to the binding site plan shall consist of one or more
contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan
14 procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions
shall not exceed the number of lots allowed in the applicable zoning district. New
15 nonconforming lots shall not be created through the binding site plan process.
16 25. The criterion is met. The subject property consists of one (1) legally created lot. The
17 proposed 13 lots and two (2) tracts would be legal lots of record following the recording of the
Binding Site Plan (Exhibit 5) which would occur following substantial completion of the
18 Willowcrest Townhome portion of the development. The number of lots and tracts would not exceed
the number of lots allowed in the CV zone. Lot size and setbacks for the townhome lots would not
19 meet the underlying CV standards, however these standards are proposed to be modified via the
20 PUD regulations thereby avoiding the creation of new nonconforming lots. Newly created Lot 1
would be approximately 41,000 square feet meeting the underlying CV zone dimensional standards.
21
2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met,
22 the binding site plan shall be processed as a commercial condominium site per subsection D
of this Section or merged with a planned urban development application per RMC 4-9-150.
23
26. The BSP is merged with a PUD application and all proposed substandard lot dimensions have
24 been approved via the PUD process.
25
3. Commercial or Industrial Property: The site is located within a commercial, industrial, or
26 mixed-use zone.
PUD and BSP - 23
1 27. The site is located within the commercial CV zone. It is eligible for binding site plan
approval.
2
3 4. Zoning Code Requirements: Individual lots created through the binding site plan shall
comply with all of the zoning code requirements and development standards of the underlying
4 zoning district. Where minimum lot dimensions or setbacks cannot be met, the binding site
plan shall be processed as a commercial condominium site per RMC 4-7-230D.
5
a. New Construction: The site shall be in conformance with the zoning code
6 requirements and development standards of the underlying zoning district at the time
7 the application is submitted.
8 b. Existing Development: If the site is nonconforming prior to a binding site plan
application, the site shall be brought into conformance with the development
9 standards of the underlying zoning district at the time the application is submitted. In
situations where the site cannot be brought into conformance due to physical
10 limitations or other circumstances, the binding site plan shall not make the site more
11 nonconforming than at the time a completed application is submitted.
12 c. Under either new construction or existing development, Applicants for binding site
plan may propose shared signage, parking, and access if they are specifically
13 authorized per RMC 4-4-080E3, 4-4-08017, and 4-4-100E5, and other shared
14 improvements as authorized in other sections of the City's development standards.
15 28. The criterion is met. As identified in Finding No. 21 of the staff report,the proposal conforms
to all applicable zoning requirements, with modifications authorized through the PUD process. As
16 permitted by RMC 4-7-230B.1.c and RMC 4-9-150B.2, a Binding Site Plan may be merged with a
PUD in order to modify zoning code and development standards provided the PUD criteria are met.
17
5. Building Code Requirements: All building code requirements have been met per RMC 4-5-
18 010.
19 29. The criterion is met. All building code requirements will be reviewed at the time of building
20 permit approval.
21 6. Infrastructure Provisions: Adequate provisions, either on the face of the binding site plan
or in a supporting document, have been made for drainageways, alleys, streets, other public
22 ways, water supplies, open space, solid waste, and sanitary wastes, for the entire property
23 covered by the binding site plan.
24 30. The criterion is met. As described in Finding of Fact No. 4, the Applicant has made adequate
provisions for all drainageways, streets, water supplies, open space, solid waste and sanitary waste.
25
26
PUD and BSP - 24
1 7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan
shall have access to a public street, water supply, sanitary sewer, and utilities by means of
2 direct access or access easement approved by the City.
3
31. The criterion is met. The Phase 1 Willowcrest Townhome portion of the Binding Site Plan
4 would have access via an easement through the abutting Glennwood Townhome development to
Glennwood Ave NE, however a formal access easement has not yet been established. Therefore, a
5 condition of approval requires the Applicant to prepare and record an irrevocable access easement
6 for the benefit of the Willowcrest Townhome owners along the modified driveway through the
Glennwood Townhome development. Water, sewer, stormwater, and future access to Edmonds Ave
7 NE are noted as easements on the Binding Site Plan (Exhibit 5) and would be further reviewed for
accuracy and compliance with the civil construction permit application.
8
Access to Lot 1 (Phase 2) would be from Edmonds Ave NE. The driveway and public street frontage
9 improvements would be installed at the time of construction of Phase 2 per the conditions noted in
10 FOF 28 Binding Site Plan: Required Improvements of the staff report.
11 8. Shared Conditions: The Administrator may authorize sharing of open space, parking,
access, signage and other improvements among contiguous properties subject to the binding
12 site plan and the provisions of RMC 4-4-080E3, 4-4-08017, and 4-4-100E5. Conditions of use,
maintenance, and restrictions on redevelopment of shared open space, parking, access,
13 signage and other improvements shall be identified on the binding site plan and enforced by
14 covenants, easements or other similar properly recorded mechanism.
15 32. The criterion is met. The Willowcrest Townhomes will share common open space with the
abutting Glennwood Townhomes as agreed to in principle by the Renton Housing Authority(Exhibit
16 27). The Willowcrest Townhomes proposal would provide all required parking onsite as part of
Phase 1 development, however access to Glennwood Ave NE would be shared via a driveway
17 through the abutting Glennwood Townhome site.
18 At a minimum, during build out of Phase 2 the emergency vehicle access and pedestrian connection
19 from Edmonds Ave NE through the Willowcrest and Glennwood Townhomes sites to Glennwood
Ave NE would be provided.
20
9. Future Development: The binding site plan shall contain a provision requiring that any
21 subsequent development of the site shall be in conformance with the approved and recorded
22 binding site plan.
23 33. As conditioned, the criterion is met. The proposed BSP does not contain a provision for
requiring subsequent development of the site to be in conformance with the approved and recoded
24 binding site plan. As such, a recommended condition of approval requires compliance with this
standard.
25
26 10. Dedication Statement: Where lands are required or proposed for dedication, the
Applicant shall provide a dedication statement and acknowledgement on the binding site plan.
PUD and BSP - 25
1 34. No dedication has been approved for the subject project.
2 11. Suitable Physical Characteristics:A proposed binding site plan may be denied because of
3 flood, inundation, or wetland conditions, or construction of protective improvements may be
required as condition of approval.
4
35. The criterion is met. The physical characteristics identified in the criterion are regulated by
5 the City's critical area regulations. As noted in Finding of Fact No. 5(A), the proposal complies
6 with the City's critical area regulations.
7 DECISION
8 The proposed preliminary and final' PUD and BSP as depicted in Ex. 3 (PUD) and Ex. 5 (BSP) and
described in Finding of Fact No. 3 meets all applicable criteria quoted in this decision for the reasons
9 identified in associated conclusions of law and for that reason is APPROVED subject to the
10 following conditions of approval below. The PUD modifications identified in Finding of Fact No. 3
are also approved.
11
12 1. The Applicant shall submit a final detailed landscape plan with the civil construction
permit application that provides a curb or other barrier approved by the Current Planning
13 Project Manager between the woonerf and abutting landscaping. The final plan shall also
contain the submittal requirement items listed in RMC 4-8-120D.12: Landscaping Plan,
14 Detailed. The plan shall be reviewed and approved by the Current Planning Project
15 Manager prior to permit issuance.
2. The Applicant shall submit a revised tree retention plan with the civil construction permit
16 application that provides the required tree protection fencing, mulching, and monitoring
17 schedule to be performed by a certified arborist. The revised tree retention plan shall be
reviewed and approved by the Current Planning Project Manager prior to permit issuance.
18 3. The Applicant shall provide language in the Homeowners Association Conditions,
19 Covenants, and Restrictions (CC&Rs) that homeowners are required to use the garages
for vehicle parking as the primary use and only any surplus of space that is not needed for
20 the vehicle may be used for storage. The CC&Rs shall be submitted to the Current
Planning Project Manager for review and approval prior to recording the documents with
21 King County. The documents shall be recorded prior to Temporary Certificate of
22 Occupancy for the first building.
4. The Applicant shall submit a revised site plan with the civil construction permit
23 application that replaces the compact vehicle parking space with a full size 9'x20' 90-
24 degree parking space. The revised site plan shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
25
26 ' See Conclusion of Law No.24 for terms specifically applicable to final PUD.
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1 5. The Applicant shall submit details of a minimum of six (6) designated bicycle parking
spaces on the revised site plan or floor plans with the building permit application. The
2 designated parking spaces shall be reviewed and approved by the Current Planning
3 Project Manager prior to permit issuance.
4 6. The Applicant shall submit a revised utility plan with the civil construction permit
application and identify all surface mounted utility equipment. Surface mounted
5 equipment should not be located within the common open space amenity areas. The
screening of the equipment shall be shown on the detailed landscape plan submitted with
6 the civil construction permit application for review and approval by the Current Planning
Project Manager prior to permit issuance.
7
7. The Applicant shall submit a request for a minor modification of the Renton Sunset
8 Terrace Redevelopment Master Site Plan (LUA14-001475) to include the Willowcrest
Townhomes and Binding Site Plan into the master plan and update the allocated units
9 remaining for the Edmonds Site. The minor modification application shall be submitted
10 and decision issued prior to the Applicant recording the Binding Site Plan with the King
County Recorder's Office.
11 8. The Applicant shall submit a paving plan with the civil construction permit that identifies
12 paving material for the access driveway that provides changes in material, color, and
pattern to indicate multi-modal use. The paving plan shall be reviewed and approved by
13 the Current Planning Project Manager prior to permit issuance.
14 9. The Applicant shall submit a final landscape plan that provides landscaping and other
aesthetically attractive barriers to discourage vehicle parking along the woonerf.
15 Techniques such as trees in grates, large above-ground planters, and bollard lighting
along areas of the woonerf that do not hinder emergency vehicle access would be
16 acceptable. The final landscape plan shall be reviewed and approved by the Current
17 Planning Project Manager prior to permit issuance.
18 10. The Applicant shall submit a detailed landscape plan with the civil construction permit
that identifies no net loss of internal parking lot landscaping would occur with the
19 realignment of access drive through the Glennwood Townhomes site. The detailed
landscape plan shall be reviewed and approved by the Current Planning Project Manager
20 prior to permit issuance.
21 11. The Applicant shall submit a final landscape plan with the civil construction permit that
provides demarcation surrounding each private yard consisting of landscaping, fencing,
22 wall, rockery, or some other delineation method approved by the Current Planning Project
Manager. The final landscape plan shall be reviewed and approved by the Current
23 Planning Project Manager prior to permit issuance.
24 12. The Applicant shall provide a reciprocal easement for the Willowcrest Townhomes
25 residents to utilize the existing open space amenity area on the Glennwood Townhomes
site identified on the architectural site plan (Exhibit 26) and for the Glennwood
26 Townhomes residents to utilize the abutting open space on the Willowcrest Townhomes
PUD and BSP - 27
1 site. The easement shall be referenced on the final Binding Site Plan and irrevocable for
the life of the Willowcrest project. The easement shall be reviewed and approved by the
2 Current Planning Project Manager prior to recording and shall be recorded prior to or
3 concurrently with the final Binding Site Plan.
4 13. The Applicant shall submit roof plans with the building permit application that provide a
variety of roofing colors and verify the material is fire retardant. The roof plans shall be
5 reviewed and approved by the Current Planning Project Manager prior to permit issuance.
6 14. The Applicant shall submit revised architectural elevations with the building permit
application that provides the 3.5-inch minimum trim surrounding all windows and doors
7 on the first story. The revised plans shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
8 15. The Applicant shall submit revised architectural elevations with the building permit
9 application and provide either painted metal corner clips or corner boards on the
buildings siding exterior. The revised elevations shall be reviewed and approved by the
10 Current Planning Project Manager prior to permit issuance.
11 16. The Applicant shall submit revised architectural elevations with the building permit
application that clearly identify the required column details of a chamfer, band, or similar
12 detail or provide another detailing standard option as approved by the Current Planning
13 Project Manager. The revised elevations shall be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
14 17. The Applicant shall submit a revised geotechnical report with the civil construction
15 permit application for the areas impacted by utility installation along the southern
boundary of Lot 1 and determine whether these areas would be considered sensitive
16 and/or protected slopes or Landslide Hazard Areas. Should these geologically hazardous
areas be identified and confirmed, the Applicant shall submit the appropriate critical areas
17 exemption or modification request for construction of new utilities per RMC 4-3-
18 050C.3.e or RMC 4-3-050J.1 and identify appropriate mitigation for the encroachment in
the updated report. The updated geotechnical report shall be reviewed and approved by
19 the Current Planning Project Manager prior to permit issuance. The critical areas
exemption or modification, if needed, shall be submitted and issued prior to permit
20 issuance.
21 18. The Applicant shall prepare and record an irrevocable access easement for the benefit of
the Willowcrest Townhome owners along the modified driveway through the Glennwood
22 Townhomes development. Recording of the access easement shall occur prior to or
concurrently with the Binding Site Plan, noted on the Binding Site Plan document, and
23 shall be reviewed and approved by the Current Planning Project Manager prior to
24 recording.
25 19. The Applicant shall submit a final Binding Site Plan document that clearly states that
future development on Lot 1 of the Binding Site Plan shall be in conformance with the
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PUD and BSP - 28
approved and recorded Binding Site Plan, unless altered. The final Binding Site Plan shall
be reviewed and approved by the Current Planning Project Manager prior to recording.
2
20. The Applicant shall dedicate the required right-of-way along the subject property's
3 Edmonds Ave NE frontage to construct the minimum half street improvement with the
4 Phase 1 Willowcrest Townhomes development. Dedication shall be shown on the final
Binding Site Plan document with a dedication statement and graphic representation. The
5 final Binding Site Plan shall be reviewed and approved by the Current Planning Project
Manager prior to recording.
6 21. In lieu of submitting construction plans for frontage improvements along Edmonds Ave
7 NE and constructing the Edmonds Ave NE frontage improvements, utilities and site
access driveway prior to Temporary Certificate of Occupancy of the Phase 1 Willowcrest
8 Townhomes development, the Applicant shall record a covenant on Lot 1 of the Binding
9 Site Plan and provide a statement on the Binding Site Plan document that the
development of Lot I shall include the submittal of construction plans and construction of
10 required frontage improvements and utilities along Edmonds Ave NE. Recording of the
covenant shall occur prior to Temporary Certificate of Occupancy for the first building in
11 Phase 1 Willowcrest Townhomes. The covenant and final Binding Site Plan shall be
reviewed and approved by the Current Planning Project Manager prior to recording.
12
22. The Applicant shall submit a materials board with the building permit application for
13 review and approval by the Current Planning Project Manager prior to building permit
approval to confirm that siding materials are non-reflective to reduce the potential for
14 light and glare.
15 23. All common area and open space shall be landscaped in accordance with the landscaping
plan submitted by the Applicants and approved by the City; provided, that common open
16 space containing natural features worthy of preservation may be left unimproved. Prior to
the issuance of any occupancy permit, the developer shall furnish a security device to the
17 City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted
18 within one year of the date of final approval of the planned urban development, and
maintained for a period of two (2) years thereafter prior to the release of the security
19 device. A security device for providing maintenance of landscaping may be waived if a
landscaping maintenance contract with a reputable landscaping firm licensed to do
20 business in the City of Renton is executed and kept active for a two (2) year period. A
21 copy of such contract shall be kept on file with the Development Services Division.
24. Landscaping shall be maintained pursuant to requirements of RMC 4-4-070.
22 25. Prior to the issuance of any occupancy permits, all common facilities, including but not
limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by
23 the developer or, if deferred by the Planning/Building/Public Works Administrator or
24 his/her designee, assured through a security device to the City equal to the provisions of
RMC 4-9-060.
25 26. All common facilities not dedicated to the City shall be permanently maintained by the
planned urban development owner, if there is only one owner, or by the property owners'
26 association, or the agent(s) thereof. In the event that such facilities are not maintained in a
PUD and BSP - 29
1 responsible manner, as determined by the City, the City shall have the right to provide for
the maintenance thereof and bill the owner or property owners' association accordingly.
2 Such bill, if unpaid, shall become a lien against each individual property.
3 27. The Applicant shall submit a common open space plan with the civil construction permit
application that identifies a minimum of 3,719 square feet of open space or 10-percent of
4 the Willowcrest Townhome site land area and an additional 600 square feet or 50 square
feet per dwelling unit of open space located in a concentrated space. The common open
5 space plan shall be reviewed and approved by the Current Planning Project Manager prior
6 to permit issuance.
7 DATED this 17th day of May, 2019.
8
9 Phi A.Olbrechts
10 City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
13
RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications
14 subject to closed record appeal to the City of Renton City Council. Appeals of the hearing
15 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-
16 day appeal period.
17 Affected property owners may request a change in valuation for property tax purposes
18 notwithstanding any program of revaluation.
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