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HomeMy WebLinkAboutPanther Lake Preliminary Plat1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Panther Lake Preliminary Plat ) FINAL DECISION LUA14-000190 ) The applicant requests preliminary plat approval and a street modification for a 34 -lot subdivision located on the west side of 108th Ave SE just north of SE 192nd St. The preliminary plat application is approved with conditions. The street modification is also approved. IN Clark Close, Renton Planner, summarized the staff report. Mr. Close noted that recommended condition 5 should be modified to require wetland mitigation to be completed prior to final plat approval as opposed to approval of construction permits. Condition 14 should include Lot 23 and should clarify that Lot 20 can be accessed from the cul de sac or the private driveway. Steve Lee, Renton Public Works, noted that condition 12 should be modified to refer to flow control as opposed to erosion control. Mr. Close clarified that no road connection to the south is possible due to the presence of a Class N stream. Alan Boeker, applicant representative, testified that the applicant is in agreement with the staff PRELRv NARY PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 recommended conditions except for Condition No. 14. Eric LaVrie, applicant's engineer, testified that the 20 foot shared driveway width required by Condition 14 is inconsistent with RMC 4-6-060(x), which only requires a 16 foot easement with 12 foot wide driveway. The applicant understands that the added width requirement comes from the fire department, but the homes served by the shared driveway will be sprinklered. The added width impacts Lots 19 and 20, which in turns affects other portions of the plat. Lots 8-11 have shared driveway access with a 20 foot easement width solely because a sewer easement is also located in that shared driveway area as well as a retaining wall. Steve Lee, Renton Public Works, noted that the 20 foot access requirement comes from the fire department to provide sufficient room for fire department access. Sprinkler systems only delay fire and do not serve as a substitute for adequate fire access. Vanessa Dolbee, planning manager, stated that staff would not be opposed to modifying Condition 14 in order to allow the driveway width to be reduced upon approval from the fire department. Mr. LaVrie noted that the shared driveway is short enough to be fully accessed by the fire department's 150 foot hoses. R Exhibits 1-32 listed on page 2 of the July 15, 2014 Staff Report, in addition to the Staff Report itself (Ex. 1), were admitted into evidence during the public hearing. Additional exhibits admitted during the hearing are the following: Exhibit 33 City PowerPoint presentation Exhibit 34 IFC Section 503 Exhibit 35 Preliminary Road and Utility Plan Exhibit 36 Revised Preliminary Plat, revised 6/23/14 Exhibit 37 July 17, 2014 email from Clark Close to Hearing Examiner with Attachments (including 7/17/14 email from Duana Kolouskova) Procedural: OR _0 13llM ._ 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Applicant. Conner Homes Group, LLC. 2. Hearing. The Examiner held a hearing on the subject application on July 15, 2014 in the City of Renton Council City Chambers at 10:00 am. The hearing was held open through July 16, 2014 to provide IFC code sections governing staff recommended Condition No. 14. The applicant was given until July 18, 2014. 3. Project Description. The applicant requests Preliminary Plat approval, a Lot Line Adjustment, and a street modification for a 34 -lot subdivision on a 7.92 acre project site composed of seven lots located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a net density of 5.35 du/ac. Lot sizes would range from 4,500 sf to roughly 6,278 sf with an average lot size of 5,318 s£ In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Four lots will be served via a 20 -foot shared private driveway (Lots 8, 9, 10, and 26) and three lots are proposed to be served via a 16 -foot shared private driveway (Lots 20, 21, and 22). The site currently contains four (4) single family residences and several detached structures. Two (2) of the four (4) single family structures and detached garages are proposed for demolition. Topographically, the overall site slopes from east to west with elevation changes from 490 feet to 420 feet across the entire project site. The very western edge of the property drops significantly down to Panther Creek (Exhibit 5). The steepest slope on the developable portion of the property is approximately 15%. Slopes exceed 20% alongside the western boundary of the property. The applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. In order to meet the City's complete street standards, street improvements including an 8 -foot planting strip behind the existing curb, a 12 - foot sidewalk (shared bike/pedestrian), a 2 -foot strip back of sidewalk, storm drainage, and street lighting would be required. The applicant has identified the following four reasons for justification of the street modification: 1) The total length of the frontage improvements that would be installed are only about 125', once the intersection and curb returns are taken into account. This minimal length of improvements would result in awkward transitions to and from the existing improvements and would result in little, if any public benefit; 2) There are no similar improvements along the entire 7 -mile stretch of Benson Road S from S Grady Way to SE Kent-Kangely Road (SR -516); 3) It is highly unlikely that the City of Renton will be retrofitting this stretch of roadway in the next 10 -years; and 4) the applicant is not aware of any City plans to construct these improvements within the next 10 -years. In addition landscaping will be provided near the entrance to enhance the entry to the plat and along the additional frontage right-of-way. Tract A will be designated for landscaping and plat monumentation. Staff is recommending approval of the street modification at the entry as proposed. PRELIMINARY PLAT - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. This site is located in the Soos Creek Water District service boundary. Sewer service will be provided by Soos Creek Sewer District. Water and sewer certificates have been provided to the City. Ex. 25. B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provides Code required improvements and fees. Fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. C. Drainage. The proposal provides for adequate stormwater drainage facilities. As verified by engineering staff, the applicant has completed the preliminary design for a stormwater system that will ensure that post stormwater flow conditions match the flow duration and volumes of the pre -development forested condition as required by the City's stormwater regulations. The applicant's Preliminary Technical Information Report (Exhibit 14) states that water quality treatment will be provided by a storm filter vault, followed by a stormwater detention pond located in the southwest portion of the site and will discharge to the west toward Panther Creek. The subdivision is subject to full drainage review in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. Appropriate Best Management Practices (BMPs) from the Washington State Department of Ecology Manual for individual lot flow control will be required to help mitigate the new runoff created by this development. The northwest corner of the project proposes to provide a storm filter manhole to treat the bypass area before discharging near the west property line. Pursuant to Staff recommendation, the conditions of approval require the applicant to use an oversized level spreader. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-8 district. In the absence of any specific standards for dedication of park and open space land, the park impact fees must be construed as providing for adequate parks and open space. The proposed preliminary plat also PRELIMINARY PLAT - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 contains a 5,597 square foot open space tract, a 49,228 square foot open space/sensitive areas tract and a 4,801 park tract. E. Streets. The proposed on-site road improvements in conjunction with the City's transportation impact fees assures that the proposal will be served by adequate streets. As to specific off-site impacts, no off-site improvements are necessary. City staff have subjected the proposal to a concurrency test and found it to not violate the City's transportation level of service standards. See Ex. 20. A Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc. (dated January 22, 2014; Exhibit 15) was submitted with the application materials. The proposed 34 -lot subdivision would generate 305 new trips: 24 and 32 trips during the weekday, AM and PM peak hour, respectively. The report concludes that no classified city intersections would be effected by the proposal. There is no evidence to the contrary and the conclusions of the report are taken as verities. As to the mitigating general off-site transportation impacts of the proposal, impacts are adequately covered by the City's transportation impact fees, paid by the applicant during building permit review. The proposal also provides for adequate on-site transportation facilities and improvements. Access to the plat is proposed via 108th Ave SE via one new curb cut, which is included as part of the plat improvements. Internal access is proposed via a new road network that includes a cul-de-sac near the south end of the property and a future connection back to 108th Ave SE (based on the revised plat plan, Exhibit 36). The future connection will connect to a 20 -foot secondary access road/utility easement for emergency access to 108th Ave SE. The emergency road will be gated and used only for emergency purposes. The applicant is requesting the waiver of frontage improvement requirements to 108th Ave SE, which has been approved by this decision pursuant to staff's recommendation. Staff has reviewed the on-site transportation facilities and found them to be adequate and to meet City code. There being no evidence to the contrary, it is determined that the proposal provides for adequate on-site transportation facilities and improvements. F. Parki . Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles per dwelling unit as required by City code. G. Schools. School facilities are adequate to serve the development. The staff report notes that it is anticipated that the Renton School District can accommodate any additional PRELIMINARY PLAT - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 students generated by this proposal at the following schools: Benson Hill Elementary (0.68 miles from the subject site), Nelsen Middle School (1.72 miles from the subject site), and Lindbergh High School (2.54 miles from the subject site). School impact fees will be collected to ensure that there are adequate school capital facilities to serve the development. All school children will be bussed to school, so there is no direct issue of safe walking conditions to and from school . The bus stops for all three schools serving the site are identified in Exhibit 26. A 5 -foot sidewalk exists along 108th Ave SE and SE 180th St between the subject site and the designated bus stops, which would provide a safe walking route from the proposed subdivision to the bus stop. 5. Adverse Impacts. There are no adverse impacts associated with the proposal as detailed below. Adequate public facilities and drainage control are provided as determined in Finding of Fact No. 4. All impacts to critical areas will be fully mitigated through measures required by the conditions of approval and SEPA mitigation measures. The site contains five (5) Category 3 wetlands (Wetlands A-E), a Class 4 stream, sensitive slopes alongside the western boundary of the property, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. The applicant has submitted a Critical Area Report & Supplemental Stream Study. A geotechnical report for the site was prepared by Earth Solutions, NW (dated September 23, 2013; Exhibit 11); the report states that the proposed development activity is feasible and would not decrease stability of the site or surrounding properties. The SEPA ' mitigation measures require compliance with the recommendations and mitigation measures in the geotechnical report and the critical areas report. A final mitigation plan in conformance with the City's critical area regulations will be required to be completed prior to final plat approval as a condition of approval. The administrative record does not address flooding, but it is determined that the proposal is not located within a floodplain or floodway. Staff review a proposal for the presence of critical areas and did not identify the presence of any floodplain or floodway. There is nothing in the record to otherwise suggest the presence of a floodplain or floodway. The proposal provides for adequate tree mitigation a required by the City's tree retention regulations, RMC 4-4-130. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees (Exhibit 6). As required by RMC 4-4-130, after street and critical area deductions, and the minimum requirement to retain 30%, the applicant must retain 44 trees. RMC 4-4-130(H)(1)(e) authorizes the replacement of trees required to be maintained by the installation of 12" DBH (diameter at breast height) tree inches per removed tree. The applicant is only proposing to maintain 24 of the required 44 trees. Consequently, it must provide for 240 DBH of replacement trees. The PRELIIVIINARY PLAT - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 applicant is proposing to install a minimum of 120 new trees at 2" DBH to achieve the 240 required replacement inches. Conclusions of Law 1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits when Hearing Examiner review is required. RMC 4-8-080(G) classifies modifications, deviations and alternatives of various code standards, such as the street standard modification request in this proposal, as Type I permits, which are administratively approved by Staff with no required hearing. The requested street modification has been consolidated with the preliminary plat application. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest -number procedure". The preliminary plat has the highest numbered review procedure, so the preliminary plat and street modification request must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 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 Low Density (RLD). 3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. RMC 4-9- 250(D)(2) governs the criteria for granting modifications to street standards. Applicable criteria are quoted below in italics and applied through corresponding conclusions of law. RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. As to compliance with the Zoning Code, Conclusion I(2) of the staff report is adopted by reference as if set forth in full. As depicted in the revised plat map, Ex. 36, each proposed lot will PRELIMINARY PLAT - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 access a public road, Road A or B. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. 5. RMC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards... 6. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Conclusion I(2) of the staff report, which is incorporated by this reference as if set forth in full. C 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. 7. Road B connects to Road A which connects to 108th Ave SE. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 8. The City's adopted street plans are not addressed in the staff report or anywhere else in the administrative record. However, as shown in aerial photograph in the staff report and from answers to Examiner questions during the hearing, there are no other street connections possible due to the presence of critical areas and existing development patterns. 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. 9. There is nothing in the record to suggest that there is any designated public trail within the vicinity of the proposal. 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, thatportion of the subdivision must have the approval of the State PRELINIINARY PLAT - 8 1 2 3 4 5i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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- 050J1 a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 10. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and development will not encroach into critical areas except as authorized by the City's critical area regulations. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. The on-site stream will be protected by the critical area buffer that applies to it. The City's stormwater regulations provide for adequate protection of water quality for the on-site stream and wetlands. 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. PRELIMINARY PLAT - 9 1 0a 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11. RMC 4-1-190 requires the payment of park impact fees in lieu of dedication of park land. RMC 4-1-190 sets the standard for adequacy of park mitigation. In this case the applicant has also dedicated some park land it that dedication may qualify under RMC 4-1-190 to offset some of the park impact fees. C 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. 12. As previously determined, the only possible street connection is to 108th Ave SE due to critical areas and existing development. The Public Works Department has reviewed and recommended approval of the proposed street configuration. RMC 4-7-150(B): All proposed street names shall be approved by the City. 13. 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. 14. 108th Ave SE is classified as an arterial, but there is no other connection possible for the development. 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. 15. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards. C 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 PRELIMINARY PLAT - 10 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Transportation Element Objective T -A and Policies T-9 through T-16 and Community Design Element, Objective CD Mand 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 existingportions 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. 7. Cul -de -Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Oficial where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible. 16. As previously discussed, the street system provides for as much connectivity as is possible given the presence of critical areas and existing development patterns. There are no trails or sidewalks to connect to outside the subdivision. Internally sidewalks are proposed along both sides of the dedicated public roads. Alley access is not required because the property is designated Residential Low Density. The criterion above is met. 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. 17. As proposed except for the street modification approved by this decision. RMC 4-7-150(G); Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot PRELIMINARY PLAT - 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 shall be improved with temporary turnarounds. Dedication of a full -width boundary street shall be required in certain instances to facilitate future development. 18. There are no further street extensions possible for the proposed subdivision due to the presence of critical areas and existing development patterns. C -7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 19. As depicted in Ex. 36, the side lines are in conformance with the requirement quoted above. C 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. 20. As previously determined, each lot has access to a public street. RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. 21. As previously determined, the proposed lots comply with the zoning standards of the R-8 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (8001o) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20) and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35). 22. As shown in Ex. 36, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius offifteen feet (15). 23. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 24. The critical area protection measures incorporated into the proposal satisfy the criterion. PRELROI NARY PLAT - 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision development. 25. As conditioned. C 4-7-200(): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full -width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 26. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 27. The water distribution system has already been subject to review by the City public works and fire department staff to assure consistency with City standards. Further review will be done for final plat approval. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 28. 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 PRELIMINARY PLAT - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 129. As conditioned. I 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. 30. As conditioned. Street Modification Section 4-4-080.F.10.d allows modifications from the street standards for individual cases, provided the modification meets the following criteria (pursuant to RMC 4-9-250.D.2): a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and b. Will not be injurious to other property(ies) in the vicinity; and C. Conform to the intent and purpose of the Code, and d. Can be shown to be justified and required for the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. PRELIMINARY PLAT - 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 31. The street modification request identified in Finding of Fact No. 3 meets the criterion above for the reasons identified in Finding of Fact No. 3, specifically that the frontage improvements would not serve any purpose since there are no similar improvements to connect to on adjoining developments and there is no reasonable chance that any similar improvements will be made on adjoining frontages in the foreseeable future. As further noted in F®F No. 3, the length of improvements would be relatively minor and would involve awkward transitions to the access points of the subdivision. Given these factors, there are no safety or functional problems associated with the requested modification and no adverse impacts. For these reasons, all criteria above are met. F13-01400301 The proposed preliminary plat as depicted in Exhibit 3, lot line adjustment and Street Modifications are approved subject to the following conditions: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated June 23, 2014. 2. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached garages prior to Final Plat recording. 3. The applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities, within the wetlands and their buffers. 4. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. S. The applicant shall submit a Final Mitigation Plan for all construction impacts to the critical areas and their buffers. The Final Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. All wetland mitigation, including required fencing and signage shall be installed prior to final plat approval. 6. "Stormwater/Sensitive Areas Tract C," which includes both a stormwater pond and sensitive areas, shall be separated into two tracts in order to apply a Native Growth Protection Easement over the critical areas portion. 7. The applicant shall establish a Native Growth Protection Easement over that part of the site encompassing the remaining stream and wetland buffer areas, prior to Final Plat Recording. 8. The applicant shall be required to create a Homeowners' Association (HOA) with shared responsibility for maintenance of Native Growth Protection Easement and all shared improvements of this development, including but not limited to utilities, shared driveways, common landscaping, and park space. A draft of the document(s) shall be submitted to the PRELIMINARY PLAT - 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Current Planning Project Manager for review and approval by the City Attorney and Property Services prior to the recording of the final plat. 9. The applicant shall be required to either obtain a variance for the tree removal and resubmit the City of Renton Tree Retention Worksheet or redesign the plat to retain the trees located in Wetland E and it buffer. The updated tree retention plan and worksheet along with an approved variance shall be obtained prior to the issuance of a construction permit. 10. The applicant shall record, on the face of the plat, a minimum 5 -foot restrictive building easement (no build) on the south lot lines of Lot 33 and Lot 34. 11. The applicant shall obtain approval for a Critical Area Exemption (also a Tier I permit) for all activities that will intrude into a critical area or required buffer according to the City of Renton Critical Areas Regulations in RMC 4-3-050C, J, L, and N. 12. The applicant shall be required to comply with Level 2 flow control by discharging stormwater outfall using an energy dissipater located at the ordinary high water mark of Panther Creek within the drainage easement. 13. The applicant shall provide an oversized level spreader to treat the bypass area. 14. Access to Lots 21-23 must be served by a 20 -foot wide shared private driveway, as depicted in Exhibit 35, subject to the discretion of the fire marshal to reduce that width upon further review during project engineering. 15. Each Preliminary Plat Sheet that is inconsistent with the revised Preliminary Plat Plan shall be revised and resubmitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. 16. All proposed street names shall be approved by the City. 17. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 18. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 19. 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 of Public Works. 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 of Public Works. 20. 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 Applicant 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 PRELIMINARY PLAT - 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 applicant 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 applicant and shall inspect the conduit and certify to the City that it is properly installed. 21. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. 22. The associated lot line adjustment application (LUA14-000190) shall be approved and recorded prior to final plat approval. DATED this 25th day of July, 2014. 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. PRELIMINARY PLAT - 17