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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Christelle Ridge 2
FINAL DECISION
Preliminary Plat )
LUA12-070, PP )
Summary
The Applicant requests preliminary plat approval for a twenty lot residential subdivision. The
preliminary plat is approved with conditions.
Testimony
Rocale Timmons, associate planner, stated that the site is located on the south -side of SE 95th Way,
west of Duval Avenue NE. The site is on the border of the city of New Castle and is 3.5 acres. The
site is located within the Renton's residential single-family home designation and the R-8 zoning
classification. The plat was previously approved in February, 2005. Originally, the Applicant applied
for a 22 -lot plat, but the approval was conditioned to 20 -lots due to steep grades on the site. The
original approval was subject to ten conditions of approval. Since 2005, significant site -grading has
occurred and all of the trees on site have been removed. The original approval expired in August,
2010. The application includes two tracts: one for drainage and a sewer -lift station (tract A) and one
for access (tract B). The 20 lots would result in a density of 7.52du per acre (net). The lot sizes range
from 4,567sq ft. to 9,677sq ft. There are significant grades still existing on site and the preliminary
plat would be considered a hillside subdivision; however, no critical slopes exist that meet Renton's
criteria for critical areas. The city allowed a 2 -week comment period during which Renton received
comments from the city of New Castle regarding the possibility of new downstream impacts. New
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Castle staff recommended new geotech and drainage reports be conducted in order to ensure that
development does not create any negative impacts for their city. On September 24, Renton issued an
addendum to the previously issued DNS which modified mitigation measures to reflect new drainage
requirements and a revised drainage report. In all, the SEPA review still consists of five mitigation
measures. On the site, there is a large lock -and -load retaining wall that extends along the NE
property line. Ms. Timmons showed a picture of the wall viewed from SE 95th Way looking towards
Duval Avenue (southeast in direction). The new geotech report reviewed the existing retaining wall
to ensure it was constructed properly. The Applicant is proposing to excavate an additional 22,800
cubic yards of material. This excavation would create the need for two additional retaining walls on
site.
In regard to access to the site, Ms. Timmons noted that access to lots 1-11 and 16-20 is proposed via
private driveways connected to Whitman Place NE which is the internal road throughout the lot. Lots
12-15 will have access via an easement extended off of Whitman. Staff recommended, as a condition
of approval, that the lots not be allowed to directly access SE 95th Way. There are no trees or critical
areas on site. Prior to clearing after original plat approval, there were approximately 188 trees on site
which were mostly deciduous and coniferous. The proposal is consistent with Renton's
comprehensive plan land use and design element policies. Additionally, the proposal is consistent
with Renton zoning policies as long as all conditions of approval are met by the Applicant. As part of
the conditions of approval, the Applicant is required to ensure that the replacement trees equal a 6:1
ratio rate of retention. This tree retention code was established after the original plat approval in
2005, thus city staff wishes the city council ensure an adequate number of trees are planted on site to
reflect the current code. The Applicant submitted a landscape plan depicting an 8 -ft planter within
the right-of-way on both sides of Whitman. The Applicant did not propose any on-site landscaping
for the lot, but Renton has a 10 -ft on-site landscaping requirement within its development regulations.
Staff is recommending, as a condition of approval, that an on-site landscaping plan be added to the
proposal.
Ms. Timmons testified that the Applicant has proposed a street modification in which a 42 -ft right-of-
way would be constructed instead of the normally required length. The proposed right-of-way would
consist of a 26 -ft. pavement width and two 8 -ft planters. The Applicant is also requesting to locate
two 5 -ft pedestrian sidewalks within easements on the lots. Staff recommended approval in the staff
report of the modification request; however, staff received new specifications from the Development
Services Division. The new specifications were submitted as Exhibit 13. The modifications are
contrary to what staff recommended. The new modifications recommend a 20 -ft pavement width,
two 8 -ft planters, and a single sidewalk along lots 6-11. The new specifications were created to
reduce the pavement as much as possible due to the steep slopes on site. Additionally, the city wants
to ensure public walkways are on public property rather than on easements on private property. The
retaining wall prevents access for many lots to the originally proposed second sidewalk. Cutting into
the slope would be a large burden on the property owner.
In regard to public services, Ms. Timmons stated that police and fire staff concluded there are
sufficient resources to furnish the proposed development. Also, the Renton School District can
accommodate any additional students generated by the new development. The developer would be
PRELIMINARY PLAT - 2
I required to extend water and sewer within the new roadway in order to serve the plat. A new sewer -
lift station would be required to serve the site, along with a proposed stormwater vault. The
2 Applicant submitted a new drainage report prepared by Touma Engineers. The design of the vault
3 meets King County's 2009 Design Manual standards. In all, staff is recommending approval of the
preliminary plat, subject to six conditions of approval.
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Upon questioning by the hearing examiner, Ms. Timmons noted that the previous plat approval
5 required the Applicant to plant two trees in the front -yard of every lot. It is unclear how many trees
will result from the new proposal based on the new retention rate because staff does not know how
6 many trees will be planted along the right-of-way. Besides tree retention code changes, street
7 modification code has also been changed since the approval of the original plat. The street design has
changed for the current proposal. The slope standards have not changed since the original approval.
8 The additional excavation is required due to the redesign of the plat.
9 Kayren Kittrick, Development Services Supervisor, stated that the road modification issued by
Development Services is a final decision, but it is appealable to the hearing examiner. No new
10 traffic study was necessary for this project. The main issue for this project is the stormwater runoff,
11 therefore, the road was narrowed in order to minimize the amount of impervious surface.
Consideration for the amount of stormwater also resulted in the reduction of the sidewalks to a single
12 sidewalk and the inclusion of the two 8 -ft planter strips. The new placement of the sidewalk provides
pedestrian safety and grants access throughout the whole area. The fire department is fine with the
13 20 -ft pavement area since no parking will be allowed on the street. Development Services reviewed
14 off-site services including traffic. SE 95th Way is New Castle's right-of-way.
15 Applicant Testimony
16 Dan Touma, Touma Engineers, stated that the Applicant finds the staff report acceptable.
17 Public Testimony
18 Melvin Carrothers, 4320 NE 25th Place, noted that the proposal site adjoins the north -end of his
property via tax lot 188. He is concerned that the new development will not be shielded from the lots
19 already present. He fears the new development will have access to his lot and the others around him.
Additionally, the necessary utility work could be intrusive to current residents. He also noted that it is
20 unclear if the parking area provided is sufficient since there will be no street parking. 95th Way is a
narrow street and does not allow for any parking. Duval Avenue already has traffic back-up
21 problems, and the new development will exacerbate the problem. The existing retaining wall could
22 be destroyed in an earthquake and damage homes. The proposed development will be unsightly and
does not match the area.
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Dan Touma stated that the majority of the utility work done on the property will be via Whitman
24 down towards 95th Way. The only utility work coming from the south will be from the southwest
25 corner heading west, with an easement for the sewer -lift station.
Laura Frolich, 12835 New Castle Way, is representing the city of New Castle. She stated that New -
26 Castle's city staff appreciates that their comments have been taken into consideration for the redesign
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of the proposal. She added that Renton could consider changing the zoning from R-8 to R-6 or R-4 in
order to create more safety in the development. The fire department would appreciate the rezone and
it could help with the parking and traffic impacts. 95th Way connects to Coal Creek Parkway which
transports 30,000 cars a day and is already backed -up. There is also a fear of cross -contamination
with the sewer -lift system and the drainage vault if the system should fail. This contamination could
negatively impact Coldwater Creek. New Castle's right-of-way along 95th Way is on the north -side.
If street parking is to occur on 95th Way, improvements need to be made to the road including adding
adequate shoulder widths and proper side -road rock. Additionally, New Castle is concerned with the
cottonwoods growing out of the retaining wall and wants to ensure that the wall is relined when
construction begins.
Melvin Carrothers, 4320 NE 25th Place, added that there is a school about .25 miles up SE 95th Way.
The traffic created by the development will go through this school zone. He fears that the drivers will
not adhere to school zone speed regulations, and he noted that there have already been many
accidents in the area.
Staff Rebuttal
Rocale Timmons commented that Renton staff was also concerned with parking availability. Staff
has attempted to create a balance with the geotech needs of the site, thus the street parking was
removed from Whitman in order to make the road width smaller. Renton code only requires two
parking spaces for each single-family residence, and the proposal accommodates this requirement.
The 95th Way right-of-way is completely controlled by New Castle. The geotech report maintains
that the existing retaining wall has integrity, but some additional testing is necessary. As a condition
of approval, this testing must occur before any construction begins. In terms of zoning, Renton staff
considered rezoning the site to R-4, but the surrounding properties are all R-8. Staff did not want to
create a spot zone with this development. Staff believes the 20 -lot plat fits the site. There are no
perimeter landscaping or buffering requirements for adjoining subdivisions.
Kayren Kittrick stated that the traffic study found less than 200 trips per day would occur, on average,
for the entire site (9.57 trips per lot). The intersection is controlled, and Renton does not have a
standard for the service needs/requirements. The right-of-way line for New Castle is along the
northeastern property line of the parcel. The permitting and construction design for that area will be
separate because New Castle is a separate jurisdiction. New Castle is responsible for any
improvements done on 95th. Parking will probably occur on 95th Way, especially if there are severe
winter -weather conditions. Thus, plans need to be created to properly control the situation such as
placing signage along the road. Currently, there is not enough shoulder on 95th Way to park;
however, residents could park on the road anyway and impede traffic. There is no space for parking
on the frontage due to a drainage ditch. SE 95th Way is a narrow country lane.
Laura Frolich, representing New Castle, noted that New Castle would like to be further involved.
New Castle's transportation engineer did not provide any comments. She is the stormwater manager
for New Castle.
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Rocale Timmons added that it was very difficult to balance the property owner's rights with the
environmental and topographical constraints of the site. There is the possible option of leaving the
Whitman right-of-way at 26 ft. to create street parking options. However, this will create more
impervious surfaces. After the preliminary plat is approved, the Applicant will have to apply for
construction permits which will give New Castle the ability to participate in the approval process.
She agreed that the parking issue could be delegated to staff to work with New Castle in order to
either come up with parking along SE 95th or add parking back to Whitman, the interior road.
Applicant Rebuttal
Dan Touma stated that, based on his knowledge of previous New Castle road improvements on Duval
Avenue under similar conditions, New Castle has methods of creating parking on 95th Way. An 8 -ft
wall will be built on the back of the parcel to accommodate for the site grading. This wall will shield
the new development from the lots on the south of the property. Additionally, the new trees will
provide further coverage.
Upon questioning by the hearing examiner, Mr. Touma noted that the lots to the south of the site are
approximately 1 -acre. Trees could be planted along the perimeter of the lots to create a buffer, but
this may result in the view of the valley being blocked. The valley is to the northeast. Additionally,
trees could undermine the integrity of the wall.
Exhibits
Exhibits 1-12 listed on page 2 of the October 9, 2012 staff report are admitted into the record.
The following documents were admitted into the record during the hearing:
Exhibit 13: October 9, 2012 approval of street modification request.
21 11 Procedural:
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FINDINGS OF FACT
1. Applicant. Second Building and Development, LLC.
2. Hearing. The Examiner held a hearing on the subject application on October 9, 2012 in
the City of Renton City Council Chambers.
3. Project Description. The Applicant is requesting Preliminary Plat approval for a 20 -lot
subdivision on a 3.53 -acre site. The subject property is located at the intersection of SE 95th Way and
Duvall Ave NE and abuts the King County boundary to the north. The proposal went before the
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City's Hearing Examiner, on February 1, 2005, for a 22 -lot preliminary plat and approval was granted
on April 18, 2005 (LUA04-100) subject to conditions including a condition to reduce the number of
lots down to 20. City Council adopted the Examiner's recommendations. However, the preliminary
plat approval expired on August 18, 2010 and the Applicant is now requesting preliminary plat
approval in order to continue construction and proceed to recording. Since the original approval in
2005 the Applicant has done a significant amount of grading. Very little infrastructure has been
constructed. Proposed lot sizes range from 4,567 to 9,697 square feet. Tract A of this plat is reserved
for drainage and sewer infrastructure. Access to the site would be gained from SE 95th Way, in King
County, via proposed Whitman Place NE. The proposed internal street terminates at the eastern
property line for future access to the neighboring lot. The site contains steep slopes.
Access to the plat would be provided via an internal street (Whitman PI NE) extended 390 lineal feet
from SE 95th Way terminating at the western property line for future connection to the neighboring
parcel to the west. Lots 1-11 and 16-20 are proposed to access directly, via private driveways, from
Whitman P1 NE. Lots 12-15 are proposed to gain access via an access easement extended from
Whitman PI NE.
The site is currently vacant. There are no significant trees left remaining on the site. Prior to the
clearing associated with the original approval there were approximately 48 coniferous and 140
deciduous trees on site. Topographically, the site is hilly and slopes down to the north with average
slopes of 20%. There are small portions of the site where slopes range from 30-45% primarily in the
northern portion of the property adjacent to SE 95th Pl. However, the slopes do not have a 15 -foot or
greater vertical rise and are therefore not regulated as critical areas.
4. Characteristics of the Area. The project site is surrounded by single-family development
zoned R-1 and R-8 on the east, south and west and residential development within unincorporated
King County to the north. Most of the property adjoining to the west appears to be an undeveloped
steep slope from the aerial photograph included in the staff report.
5. Adverse Impacts. There are no adverse impacts associated with the proposal. No adverse
impacts can be reasonably inferred from the administrative record, except for parking and traffic
issues that are addressed by added conditions of approval as discussed in Finding of Fact No. 6. An
MDNS was issued for the 2005 proposal on October 26, 2004. An addendum was issued on
September 24, 2012 to modify mitigation some mitigation measures in order to reflect changes in
project design and development regulations since the time of the original approval. There are no
critical areas on site. The City of Newcastle testified at the hearing that the property should be
downzoned because the density allowed for the site is too high. The preliminary plat is vested to the
R-8 zoning district under Chapter 58.17 RCW and the City cannot legally downzone the property for
the subject preliminary plat application.
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6. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. The site will be served by adequate water and sewer. For
water, the site is located in the 565 water pressure zone. There is a 12 -inch water main
stub in SE 95th Way. Extension of the 12 -inch water main will be required across the
frontage of the site and a new 8 -inch water main will be required to be extended into the
plat.
Sewer service will be provided by the City of Renton. Tract A of the plat is reserved for
sewer infrastructure. A new 8 -inch sewer main will be required to be extended along the
frontage to Tract A. Extension of the 8 -inch sewer to the east property line will be
required as well as extended into the plat. In order to provide sewer service to this parcel,
a sewer lift station will be required. This parcel falls within the boundaries of the Honey
Creek Sewer Assessment District. Sewer fee is $250 per new single family lot.
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
resources exist to furnish services to the proposed development; subject to the condition
that the Applicant provides Code required improvements and fees. A Fire Impact Fee,
based on new single-family lot with credit given for the existing single-family residence,
was recommended as part of the SEPA review, in order to mitigate the proposal's
potential impacts to City emergency services. The fee is payable to the City as specified by
the Renton Municipal Code.
All new construction must have fire hydrants capable of delivering a minimum of 1,000
gpm. One primary hydrant is required within 300 feet of the buildings. Homes larger than
3,600 square feet will require an additional hydrant and may require sprinklers. Final
determination will be made by the Fire Department. Sewer service will be provided by the
City of Renton.
C. Drainage. Drainage has been adequately addressed through the preparation of a drainage
report that proposes storm drainage facilities that staff have determined complies with the
standards of the 2009 King County Surface Water Design Manual as amended by the City
of Renton. The City of Newcastle expressed concerns about drainage in its comments on
the Notice of Application, but it appears these concerns have been adequately addressed
through a subsequently issued SEPA addendum that required compliance with the updated
2009 King County Surface Water Design Manual.
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A drainage plan and drainage TIR has been submitted by Touma Engineers with the site
plan application. The report addresses compliance with 2009 King County Surface Water
Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and
six special requirements have been discussed in the report. Based on the City's flow
control map, this site falls within the Flow Control Duration Standard, Forested
Conditions. The drainage report discusses meeting the area specific flow control
requirement under Core Requirement #3. A combined detention and water quality vault is
proposed.
An addendum, dated August 2, 2012, to the original geotechnical report prepared in 2004
by Geo Group Northwest, was submitted by Geo Group Northwest, Inc. However, there
was no discussion or recommendations of appropriate flow control BMPs which will be
reviewed for the construction permit. The report was an update and evaluation of the
existing retaining wall on the site.
A Construction Stormwater General Permit from the Department of Ecology will be
required if grading and clearing of the site exceeds one acre. A Stormwater Pollution
Prevention Plan (SWPPP) is also required for this site.
D. Parks/Open Space. The MDNS for the project requires the Applicant to pay a Parks and
Recreation Impact fee at the time of final plat recording. The impact fees provide for
adequate parks and open space.
E. Streets. The proposal is served by adequate streets. There are currently no street
improvements fronting the site on 95th Way SE. Frontage improvements are required to
be constructed along SE 95th Way subject to approval by the City of Newcastle. The
City's complete street standard for residential access roads is 26 feet of pavement, 8 -foot
planting strip, 5 -foot sidewalk, and LED street lighting along both sides of the road inside
the plat. Street cross section will be a total width of 52 feet. In order to construct the
required street improvements and meet density requirements, a reduced 42 feet of right-of-
way will be dedicated to the City and a 5 -foot easement back of the planting strip along
both sides of the internal street for the new sidewalk will be required.
The proposed plat is anticipated to generate additional traffic on the City's street system.
A Transportation Impact Fee, per net new average daily trip attributed to the project, with
credit given for the existing single-family residence, was recommended as part of the
SEPA review. The fee would be used to mitigate the proposal's potential impacts to
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City's transportation system and is payable to the City as specified by the Renton
Municipal Code.
Some comments were made at the hearing by the City of Newcastle and an adjoining
property owner on the adequacy of SE 95th Way. The City of Newcastle noted that SE
95th Way already experiences numerous back-ups at its intersection with Coal Creek
Parkway. The City of Renton has the burden of proof in justifying the need for any off-
site street improvements and there is insufficient evidence in the record to require any
improvements in this case. However, at the same time the subdivision cannot be
approved unless a finding can be made that it is served by adequate streets. The City
acknowledges that it has not conducted any adequacy analysis of SE 95th Way because it is
outside city limits. There is no evidence to counter the concerns raised by the City of
Newcastle. Although the adequacy standard is incorporated into the Renton Municipal
Code, it is based upon state law requirements (Chapter 58.17 RCW) and it is debatable
whether the state legislature intended that its adequacy standard stopped at the city limits.
The conditions of approval will require staff to work with the City of Duvall in
determining whether any off-site mitigation to SE 95th Way is necessary and to mitigate
accordingly.
F. Parkin . Sufficient area exists, on each lot, to accommodate required off street parking for
a minimum of two vehicles. Comments at the hearing raised a valid concern over the
absence of sufficient on -street parking, since parking will be prohibited along Whitman
Place. In order to assure adequate on -street parking, the subdivision will be conditioned to
require the City to work with Newcastle and the Applicant to ensure that on -street parking
will be available along S.E. 95th Way.
Conclusions of Law
1. Authori. RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold
a hearing and issue a final decision on preliminary plat applications.
2. Zoning/Comprehensive Plan Designations. tions. The subject property is zoned Residential 8
dwelling units per net acre (R-8). The comprehensive plan map land use designation is Residential
Single Family.
3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable
standards are quoted below in italics and applied through corresponding conclusions of law.
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RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
2. Access: Establish access to a public road for each segregated parcel.
3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied
because offlood, inundation, or wetland conditions. Construction ofprotective improvements may be
required as a condition of approval, and such improvements shall be noted on the final plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
supplies and sanitary wastes.
4. The criterion is satisfied. The proposed lots comply with all requirements of the R-8 zoning
district as detailed by staff at page 7-8 of the staff report, which is adopted and incorporated by this
reference as if set forth in full. As noted in the staff report and shown on the preliminary plat map,
Ex. 2, each lot will access either Whitman Pl. NE or Tract B, which provides access to Whitman Pl.
NE. As noted in the Findings of Fact, there are no critical areas on the property. Consequently, the
site has physical characteristics suitable for development. As detennined in the Finding of Fact No.
6, the proposal makes adequate provision for drainage, streets water and sewer.
RMC 4-7-080(I)(1): ...The Hearing Examiner shall assure conformance with the general purposes
of the Comprehensive Plan and adopted standards...
5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined
in pages 6-7 of the staff report, which is incorporated by this reference as if set forth in full.
RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road
or street (according to City specifications) to an existing street or highway.
6. The internal circulation system of the subdivision connects to SE 95th Way.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. The staff report and administrative record do not identify any applicable street plan or grid
system that would compel the connection of the interior streets to any specific roads. Whitman Pl.
NE is designed as a stub road to connect to undeveloped property to the west.
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RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail,
provisions shall be made for reservation of the right-of-way or for easements to the City for trail
purposes.
8. The staff report and administrative record do not identify any officially designated trail in the
vicinity.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
land with features likely to be harmful to the safety and general health of the future residents (such as
lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department
or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless
adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider
such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a
lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-
050J1a, without adequate area at lesser slopes upon which development may occur, shall not be
approved.
3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
4. Streams:
a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water,
and wetland areas.
b. Method: If a stream passes through any of the subject property, a plan shall be presented which
indicates how the stream will be preserved. The methodologies used should include an overflow area,
and an attempt to minimize the disturbance of the natural channel and stream bed.
c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going
under streets.
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d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
9. As discussed in Conclusion of Law No. 4, the land is suitable for development. The property
is not designated as a floodplain and there are not streams on site.
There are no significant trees left remaining on the site. Prior to the clearing associated with the
original approval there were approximately 48 coniferous and 140 deciduous trees on site. It is
unclear how many trees would have been located within the proposed right of way and or access
easements. Therefore, staff was unable to calculate the number of trees that would be required to be
retained and as a result replaced. Consequently, as a condition of approval, the Applicant shall
provide a tree retention worksheet based on the location of the trees on site at the time of the original
approval taking into consideration of the new proposed lot layout and deductions for right-of-way and
access easements. The Applicant shall be required to demonstrate that the number of replacement
trees on the landscape plan equals a six to one ratio for replacement to required retained trees. The
revised tree retention worksheet and revised tree replacement plan shall be submitted to the Current
Planning Project Manager prior to recording of the Final Plat.
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's
dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the
adverse effects of development upon the existing park and recreation service levels. The requirements
and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution.
10. The MDNS requires the payment of Park and Recreation Impact fees.
RMC 4-7-150(A): The proposed street system shall extend and create connections between existing
streets unless otherwise approved by the Public Works Department. Prior to approving a street
system that does not extend or connect, the Reviewing Official shall find that such exception shall
meet the requirements of subsection E3 of this Section. The roadway classifications shall be as
defined and designated by the Department.
11. The proposed internal street system provides as much connectivity as is possible considering
that no streets other than SE 95 Way abut or are in proximity to the proposed subdivision.
RMC 4-7-150(B): All proposed street names shall be approved by the City.
12. As conditioned.
RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or
secondary arterials shall be held to a minimum.
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13. The record does not contain any information on the classification of SE 95th Way. In any
event, connecting to SE 95t Way is the only feasible means of providing public road access to the
proposed subdivision.
RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works
Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street
alignment offsets of less than one hundred twenty five feet (125) are not desirable, but may be
approved by the Department upon a showing of need but only after provision of all necessary safety
measures.
14. The Public Works Department has reviewed and approved the street alignment. Subject to the
street modification approval, Ex. 13, the project is consistent with the requirements of RMC 4-6-060.
RMC 4-7-150(E):
1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the
predominant street pattern in any subdivision permitted by this Section.
2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within
and between neighborhoods when they can create a continuous and interconnected network of roads
and pathways. Implementation of this requirement shall comply with Comprehensive Plan
Transportation Element Objective T -A and Policies T-9 through T-16 and Community Design
Element, Objective CD -M and Policies CD -50 and CD -60.
3. Exceptions:
a. The grid pattern may be adjusted to a 'flexible grid" by reducing the number of linkages or the
alignment between roads, where the following factors are present on site:
i. Infeasible due to topographical/environmental constraints; and/or
ii. Substantial improvements are existing.
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link
existing portions of the grid system shall be made. At a minimum, stub streets shall be required
within subdivisions to allow future connectivity.
5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential
Low Density land use designation. The Residential Low Density land use designation includes the
RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall
evaluate an alley layout and determine that the use of alleys) is not feasible...
6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
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7. Cul -de -Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due
to demonstrable physical constraints no future connection to a larger street pattern is physically
possible.
15. Site topography and the existing road network do not make a grid system feasible. The
proposed stub road provides for future connectivity should the property to the west be developed. No
cul de sacs are proposed.
RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat,
including streets, roads, and alleys, shall be graded to their full width and the pavement and
sidewalks shall be constructed as specified in the street standards or deferred by the
Planning/Building/Public Works Administrator or his/her designee.
16. As conditioned, subject to the street modification approval Ex. 13.
RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be
required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot
shall be improved with temporary turnarounds. Dedication of a full -width boundary street shall be
required in certain instances to facilitate future development.
17. The proposal contains a turnaround in the middle of the extension.
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
to curved street lines.
18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above.
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
access easement street per the requirements of the street standards.
19. As previously determined, each lot has access to a public street or road.
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. Further subdivision of lots within a plat approved through the
provisions of this Chapter must be consistent with the then -current applicable maximum density
requirement as measured within the plat as a whole.
20. As previously determined, the proposed lots comply with the zoning standards of the R-8
zone, which includes area, width and density.
PRELIMINARY PLAT - 14
I RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the
2 side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (8001o) of
the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of
3 twenty feet (20) and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which
4 shall be a minimum of thirty five feet (35).
5 21. Lot 13 does not appear to comply with this standard, although the width of the lot as it fronts
Tract B is difficult to determine from the record. The project will be conditioned on staff verifying
6 compliance with this requirement.
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RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys,
8 shall have minimum radius offifteen feet (15).
9 22. As conditioned.
10 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
11 watercourses, and similar community assets. Such natural features should be preserved, thereby
12 adding attractiveness and value to the property.
13 23. No natural features as described above are located at the project site.
14 RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
15 cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
16 eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
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18 24. As designed and as conditioned.
19 RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
20 sufficient length to permit full-width roadway and required slopes. The drainage system shall be
21 designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
22 detention capacity for future development of the lots. Water quality features shall also be designed to
23 provide capacity for the new street paving for the plat.
24 25. The proposal provides for adequate drainage that is in conformance with applicable City drainage
standards as determined in Finding of Fact No. 6 (C).
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RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with City standards as defined by the Department and Fire
Department requirements.
26. As conditioned.
RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
utilities installed in the parking strip shall be placed in such a manner and depth to permit the
planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all
service connections, as approved by the Department. Such installation shall be completed and
approved prior to the application of any surface material. Easements may be required for the
maintenance and operation of utilities as specified by the Department.
27. As conditioned.
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final
ground elevation and capped. The cable TV company shall provide maps and specifications to the
subdivider and shall inspect the conduit and certify to the City that it is properly installed.
28. As conditioned.
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
B. SURVEY. -
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
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129. As conditioned.
RMC 4-11-080 HILLSIDE SUBDIVISION: A subdivision in which the average slope is twenty
percent (20%) or in which any street in the subdivision has grades greater than fifteen percent (1501o)
at any point.
RMC 4-7-220(C): The following additional standards shall apply to hillside subdivisions:
3. Streets:
a. Streets may only have a grade exceeding fifteen percent (15%) if approved by the Department
and the Fire Department.
b. Street widths may be less than those required in the street standards for streets with grades
steeper than fifteen percent (15%) if parking prohibition on one or both sides of the street is
approved by the Administrator.
4. Lots: Lots may be required to be larger than minimum lot sizes required by the Zoning Code. Generally,
lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision.
5. Erosion Control Requirements: Any clearing or grading shall be accompanied by erosion control
measures as deemed necessary by the Department.
30. As noted in the Findings of Fact, the proposal contains 20% slopes so it qualifies as a hillside
subdivision. Erosion control measures are extensively imposed as part of the SEPA mitigation
measures, which in turn adopt the recommendations of the geotechnical report. All of the lots are
larger than the minimum 4,500 square feet for the R-8 zone. The grade and width of the streets is not
apparent from the record so compliance with the grade and width standards above shall be made a
condition of approval.
1
The proposed preliminary plat is approved, subject to the following conditions:
1. The Applicant shall comply with the five mitigation measures issued as part of the
Determination of Non -Significance Mitigated Addendum, dated September 24, 2012.
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2. The Applicant shall be required to submit a revised landscape plan, depicting a 10 -foot
wide on-site landscape strip. The final detailed landscape shall be submitted to and
approved by the Current Planning Project Manager prior to Final Plat recording.
3. The Applicant shall provide a tree retention worksheet based on the location of the trees
on site at the time of the original approval, taking into consideration of the new proposed
lot layout and deductions for right-of-way and access easements. The Applicant shall be
required to demonstrate that the number of replacement trees on the landscape plan equals
a six to one ratio for replacement to required retained trees that have already been
removed. The revised tree retention worksheet and revised tree replacement plan shall be
submitted to the Current Planning Project Manager prior to recording of the Final Plat.
4. No direct access from any lot within the plat shall be allowed onto SE 95th Way. This
condition shall be placed on the face of the final plat prior to recording.
5. The Applicant shall make residential addresses shall be visible from the public street,
Whitman P1 NE, by installing a private street address sign listing residential addresses of
the subject plat at the intersection of the private easement with Whitman PI NE. This
condition shall be subject to the review and approval of the Current Planning Project
Manager prior to the final plat approval.
6. The Applicant shall be required to create a homeowner's association of maintenance
agreement for the shared private access easements, shared utilities, stormwater facilities,
and maintenance and responsibilities for all shared improvements of this development. A
draft of the document(s) shall be submitted to Current Planning Project Manager for the
review and approval by the City Attorney and Property Services section prior to the
recording of the final plat.
7. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including
streets, roads, and alleys, shall be graded to their full width and the pavement and
sidewalks shall be constructed as specified in the street standards unless a. waiver is
granted by this decision or administratively approved by staff as authorized by the Renton
Municipal Code.
8. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet (15').
9. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are
available, or provided with the subdivision development.
10. The water distribution system including the locations of fire hydrants shall be designed
and installed in accordance with City standards as defined by the Department and Fire
Department requirements.
11. All utilities designed to serve the subdivision shall be placed underground. Those utilities
to be located beneath paved surfaces shall be installed, including all service connections,
as approved by the Department. Such installation shall be completed and approved prior
PRELIMINARY PLAT - 18
I to the application of any surface material. Easements may be required for the maintenance
2 and operation of utilities as specified by the Department.
12. Any cable TV conduits shall be undergrounded at the same time as other basic utilities
3 are installed to serve each lot. Conduit for service connections shall be laid to each lot
4 line by subdivider as to obviate the necessity for disturbing the street area, including
sidewalks, or alley improvements when such service connections are extended to serve
5 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
6 developer and/or land owner. The subdivider shall be responsible only for conduit to
serve his development. Conduit ends shall be elbowed to final ground elevation and
capped. The cable TV company shall provide maps and specifications to the subdivider
8 and shall inspect the conduit and certify to the City that it is properly installed.
9 13. Monuments, markers and signs shall be installed as required by RMC 4-7-210.
10 14. All proposed street names shall be approved by the City.
11 15. Staff shall verify that Lot_ 13 complies with RMC 4-7-170(D). If the lot is noncompliant the
12 Applicant shall either acquire a modification and/or variance as authorized by City code or
re -configure the plat to provide for required lot width.
13
16. Streets may only have a grade exceeding fifteen percent (15%) if approved by the
14 Department and the Fire Department.
15 17. Street widths may be less than those required in the street standards for streets with grades
16 steeper than fifteen percent (15%) if parking is prohibited on one or both sides of the street
as approved by the Administrator.
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18. On -street parking shall be made available for the proposal either by allowing on -street
18 parking on NE Whitman Pl. or on -street parking along the SE 95th .Way frontage of the
19 property as approved by the City of Newcastle.
20 19. Staff shall investigate whether there is an unreasonable potential for cross -contamination of
the sewer -lift system with the drainage vault as testified by the City of Newcastle. City staff
21 shall further condition the project as reasonably necessary to avoid cross -contamination.
Staff may require the Applicant to provide any information or analysis necessary to comply
22 with this condition.
23 20. Staff shall work with the City of Newcastle in determining whether the proposal will
24 necessitate any improvements to SE 95th Way and shall condition the project accordingly.
The imposition of any conditions shall be contingent upon the City of Newcastle providing
25 any and all information and analysis reasonably requested by the City of Renton. The
imposition of the condition shall also be contingent upon the City of Newcastle assuming all
26 costs and liability associated with implementing and defending the condition. Renton staff
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may also require the Applicant to provide any information and analysis as necessary to
mitigate project impacts.
DATED this 23rd day of October, 2012.
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th
floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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