HomeMy WebLinkAbout05-23-2021 - VEK on Aberdeen Townhomes Plat - LUA19-000280, PP, SA-A, ECF, MOD, MOD, MOD.pdf1
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Townhome Development- 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: VEK on Aberdeen Townhomes Plat
Preliminary Plat, Unit Lot Subdivision,
site plan, street modification, open
space modification, and a unit lot drive
modification for 12 townhomes
PR19-000448
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FINAL DECISION
SUMMARY
Nord West Properties, LLC is requesting approvals of preliminary plat, unit lot subdivision, site plan,
street modification, open space modification, and a unit lot drive modification application for
construction of 12 townhomes at 957 Aberdeen Ave NE. The applications are approved subject to
conditions.
TESTIMONY
A computer generated transcript has been prepared of the hearing to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A. Since
the transcript is computer generated, it is not 100% accurate, but does provide a very good indication
of what was discussed during the hearing.
EXHIBITS
The 27 exhibits identified at Page 2 of the May 11, 2021 Staff report were admitted into the record at
the May 11, 2021 hearing. The staff power point presentation was admitted as Ex. 28. Google maps for
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the project vicinity were admitted as Ex. 29. City of Renton COR maps were admitted as Exhibit 30.
FINDINGS OF FACT
Procedural:
1. Owner/Applicant. Nord West Properties, LLC, 14435 NE 40th ST, Apt. B101, Bellevue, WA
98007.
2. Hearing. A hearing on the application was held on May 11, 2021 at 10:00 am on-line via the
Zoom meeting application, Meeting ID 860 1198 8759.
Substantive:
3. Project Description. Nord West Properties, LLC is requesting approvals of preliminary plat,
unit lot subdivision, site plan, street modification, open space modification, and a unit lot drive
modification application for construction of 12 townhomes at 957 Aberdeen Ave NE. The project
site is 54,203 square feet (1.24 acres) in area and currently contains one single family residence and
several accessory structures, all of which are proposed for removal. The proposal is composed of
two new townhome buildings, both with six units each. The Applicant proposes to increase the
maximum wall plate height up to 42 feet and increase the number of stories to four stories for both
townhome structures though the Site Plan Review process. The proposed project would result in a net
density of 15.13 du/ac. The unit lot subdivision is proposed to be subdivided into 12 lots, three
landscape tracts, two common open space tracts, one unit lot drive tract, and one critical area tract.
The proposed unit lots would range in size from 864 sf to 1,106 sf. Access to all 12 units is proposed
via a new unit lot drive extending from Aberdeen Ave NE. High landslide hazards, high erosion
hazards, protected and sensitive slopes, a category III wetland, and a type Ns stream (John's Creek)
are mapped on the project site. Of the 90 significant trees located on the project site, 29 significant
trees are proposed for removal.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer service are provided by the City of Renton.
There is an existing 12-inch water main and 10-inch sewer line located in Aberdeen Ave
N.
B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire
Authority and police service by the Renton Police Department. Police and Fire Prevention
staff indicates that sufficient resources exist to furnish services to the proposed
development subject to the condition that the Applicant install required improvements and
fees.
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C. Drainage. In conjunction with the City’s stormwater regulations, the proposal mitigates all
significant drainage impacts and provides for adequate and appropriate stormwater
facilities. Public works staff have reviewed the Applicant’s preliminary drainage design
and found it to conform to the City’s design standards, primarily composed of the 2017 City
of Renton Surface Water Design Manual. The drainage standards require off-site
stormwater flows to be at or less in volume and velocity than predevelopment conditions.
The Applicant is proposing a stormwater detention tank located on the western edge of the
unit lot driveway, designed per Section 5.1.2 of the RSWDM, that would be utilized to
mitigate all developed onsite and offsite stormwater flows for the project. An Oldcastle
Biopod filtration device is proposed to provide for enhanced water quality treatment. The
existing site drains to a low point in the form of a vegetated drainage channel, which
discharges to the western edge of the property where it is conveyed off-site under I-405.
The project proposes to emulate the existing site drainage patterns for the developed
stormwater runoff. An above-ground tightline system, designed to convey stormwater
runoff from the developed portion of the site, over the onsite steep slopes, is proposed to
meet this requirement. The proposed tightline system would discharge flows at a location
nearby John’s Creek and outside of the 15 percent sloped areas.
D. Parks/Open Space. The project provides for adequate parks and open space.
RMC 4-2-060 Condition No. 13 provides that townhomes in the RMF district shall be
subject to the RMC 402-115 Residential Design and Open Space Standards, applicable to
the R-10 and R-14 Zones in lieu of the design standards applicable to the RMF zone. RMC
4-2-115E.2 requires open space for residential development of four or more dwelling units
in the R-10 and R-14 zones to consist of at least 350 square feet of open space per dwelling
unit. Based on the proposal for 12 townhome units, a total of 4,200 square feet of common
open space would be required. To provide this open space, the Applicant proposes
landscaped open space, totaling 4,348 square feet within two (2) common open space tracts
(Tracts C and D), resulting in 362 square feet per unit. The Applicant has provided clear
connections from each unit to the common open space tracts.
Tract C, which is a combination fire access turnaround and common open space tract, is
located between the two townhome buildings and is 2,657 square feet. Tract C amenities
include two picnic tables, a covered barbeque, a fire pit with surround seating, a 16-foot by
16-foot concrete chessboard, and landscaping. However, the concrete area in Tract C does
not appear to comply with the maximum slope of five percent (5%). In addition, a sloped
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surface for the proposed chessboard does not meet the intent for functional recreational
activities. In addition, staff anticipates that a painted chessboard surface will not meet the
aesthetic or durability objectives intended by the code section. Therefore, a condition of
approval requires that the Applicant clearly demonstrate compliance with the maximum
five percent (5%) slope for Tract C, prior to Civil Construction Permit issuance.
Furthermore, the Applicant shall revise the proposed chessboard to be level and designed
with tinted concrete, rather than painted concrete. If the concrete chessboard cannot be
revised to be level, the Applicant shall provide a different recreational amenity alternative
to the Current Planning Project Manager for review and approval. The Applicant shall
revise the concrete area within Tract C to utilize 2-foot by 2-foot (2’x2’) scored concrete,
compliant with emergency vehicle apparatus requirements, to match the other areas of the
tract and the wheel stops and curb shall be removed. The revised common open space
design stall be submitted for review and approval by the Current Planning Project Manager.
Tract D is a 1961 square foot common open space tract located behind the two townhome
buildings. Tract D amenities include two benches, a horse-shoe pit, a dog bag receptacle,
and landscaping. The Applicant has requested an open space modification to Tract D to
allow for a 7% slope instead of the 5% slope required by RMC 4-2-115. The modification
is approved by this decision.
Units Lots 6, 7, and 12 have direct access onto the common open space tracts. Tract C is
both visible and accessible to pedestrians via a pedestrian easement that includes a five-foot
(5’) wide sidewalk that runs along the south property line and connects all 12 units to the
common open space tracts and the public street. While the proposed pedestrian easement
leads to and ends at the common open space Tract D, entry into the tract via the pedestrian
easement is obscured by proposed vegetation and a retaining wall. Therefore, in order to
ensure clear connection to the open space Tract D from the pedestrian easement, a
condition of approval requires that the Applicant revise the proposed pedestrian connection
to the open space Tract D to create and show clear pedestrian connection and eliminate
obstructions to the tract.
E. Pedestrian Circulation. As conditioned, the proposed concrete sidewalks provide a safe
and efficient pedestrian circulation system. The proposal provides pedestrian connection
from the public right-of-way to each unit via a pedestrian access easement. The proposed
unit lot drive would provide vehicular access through the project site. None of the
townhomes would directly access off a public right-of-way, thereby providing a safe and
efficient vehicular circulation pattern.
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F. Transportation. The proposal is served by adequate and appropriate transportation
infrastructure.
The project site fronts Aberdeen Ave NE along the east property line (Exhibit 2). All
vehicular access to the project would be from Aberdeen Ave NE via a 20-foot wide unit lot
drive that runs along the north side of the development (Tract B). Aberdeen Ave NE is
classified as a Collector Arterial Road. Existing right-of-way (ROW) width is
approximately 60 feet. To meet the City’s complete street standards for Collector Arterial
streets, a minimum ROW of 83 feet is required, which would require a dedication of 20.5
feet of ROW for the proposed project. Per RMC 4-6-060, half street improvements shall
include a pavement width of 46 feet (23 feet from centerline), a 0.5-foot curb, an 8-foot
planting strip, an 8-foot sidewalk, street trees and storm drainage improvements. The
Applicant is requesting a street modification (Exhibit 17) for cross section changes to the
Aberdeen Ave NE frontage improvements, to allow for a 6-foot wide planter strip and 5-
foot wide sidewalk, resulting in a 4.5-foot ROW Dedication (pending final survey) in lieu
of the full half street standards. The street modification is approved by this decision.
The Applicant is also requesting a modification from RMC 4-6-060K (See Exhibit 23), Unit
Lot Drives, in order to allow twelve (12) unit lots to access from the proposed unit lot drive,
rather than the standard maximum of nine (9) unit lots. In addition, the Applicant requests
to reduce the required landscape strip along the unit lot drive to 4.5 feet rather than the eight
feet (8’) required by code, as well as eliminate the five foot (5') wide sidewalk required
along one side of the unit lot drive. The Applicant proposes that the pedestrian easement
provided along the front entries of the units provides adequate pedestrian access in lieu of
the unit lot drive sidewalk. The modification is approved by this decision.
The proposed project passes the City of Renton Traffic Concurrency Test per RMC 4 -6-
070.D (Exhibit 27).
Increased traffic created by the development would be mitigated by payment of
transportation impact fees. Payment of the transportation impact fee is due at the time of
application for the building permit. A credit would be given for any existing homes.
An active bus stop is located 0.4 miles to the northeast at NE Sunset Blvd and Edmonds
Ave NE.
G. Schools. The proposal provides for adequate and appropriate schools. The staff report
maintains that the Renton School District can accommodate any additional students
generated by the proposal at the following schools: Kennydale Elementary, McKnight
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Middle School and Hazen High School. Any new students from the proposed development
would be bussed to their schools. The bus stop for both Kennydale Elementary and Hazen
High School is located at 975 Aberdeen Ave NE, approximately 0.02 miles from the project
site. Students would walk north along the existing sidewalk on Aberdeen Ave NE to the bus
stop on the west side of the street. The bus stop for McKnight Middle School is located at
the corner of Sunset Blvd NE and Aberdeen Ave NE, approximately 0.05 miles from the
project site. Students would walk south along the existing sidewalk on Aberdeen Ave NE to
the northwest corner of Sunset Blvd NE and Aberdeen Ave NE. The proposed project
includes the installation of frontage improvements along Aberdeen Ave NE frontages,
including sidewalks. The existing sidewalks in the area provide a safe walking route to both
bus stops.
A school impact fee, based on new single-family lots, will be required to mitigate the
proposal’s potential impacts to the Renton School District.
H. Parking. Staff has determined that the proposal complies with applicable parking
regulations. The proposal is subject to two separate motor vehicle parking standards – one
applicable to townhomes specifically and the other to attached dwelling units. The more
restrictive of the two requires two parking spaces per townhome involving more than one
bedroom. See RMC 4-4-080(10)(d). The Applicant has proposed two (2) car garages
within each unit lot, which would meet the minimum parking requirements for each unit lot.
Bicycle parking regulations require that a minimum of one-half (0.5) bicycle parking space
be provided per one attached dwelling. Based on the proposal for 12 townhome units, a
total of six (6) bicycle parking spaces are required. Two bicycle racks are identified
(Exhibit 8), however the plan does not indicate if the proposed bicycle racks can
accommodate the required 6 bicycle parking spaces, nor does it clearly identify required
weather protection. Therefore, a condition of approval requires that the Applicant submit
revised plans with the Building Permit application identifying the location of all code
compliant bicycle parking meeting the standards of RMC 4-4-080.F.11, and identify a
minimum of six (6) bicycle parking stalls throughout the development.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
Pertinent impacts are addressed individually as follows:
A. Critical Areas. The proposal will not adversely affect critical areas.
All significant adverse impacts to critical areas are found to be adequately mitigated
because project design and mitigation has been made to conform to the City’s critical area
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regulations as demonstrated in critical area reports prepared by qualified professionals and
reviewed and approved by City staff. There are several critical areas on the site. The
critical areas are composed of high landslide hazards, high erosion hazards, protected and
sensitive slopes, a category III wetland, and a type Ns stream (John's Creek). Each of
these critical areas is addressed separately below:
1. Geological Hazards. The geological hazards of the project site are identified and
mitigated in the Applicant’s geotechnical report, Ex. 11, prepared by The Riley
Group, Inc. (RGI). The report notes the presence of sensitive and protected slopes
and landslide hazards. The report states that the site slopes have gradients in the
range of about 40 percent to over 120 percent, and meet the criteria of protected
slopes per City code. The site is mapped as a high landslide hazard area with
slopes greater than 40 percent in the western portion of the site. The report states
that the slopes in the western portion of the site meet the criteria of High Landslide
Hazards (LH) per City code. The report further states that the eastern portion of the
site meets the criteria for a Low Erosion Hazard (EL) and the western portion of
the site meets the criteria of a High Erosion Hazard (EH). The area of the site that
is mapped as a high erosion hazard will not be developed. The report states that the
portion of the site that will be developed should have erosion control measures as
outlined in the report. Based on the results of the subsurface explorations and slope
stability analysis, the report concludes that the proposal will not increase the threat
of the geological hazard to adjacent or abutting properties beyond predevelopment
conditions or adversely impact other critical areas. The proposed townhomes have
been designed to step down with the existing topography and the majority of the
development is on the least sensitive area of the site.
To assess the stability of the slopes in the western portion of the site, a slope
reconnaissance was performed by RGI on November 13, 2018 and the stability of
the slope was evaluated in detail in the geotechnical report. The report concluded
that the proposed development can be safely accommodated on the site, and no
additional slope setback, beyond what is required by City code, was recom mended
for the project. The proposal will comply with the protected slope setbacks.
The Applicant proposes an above-ground tightline drainage system that will
traverse some of the site’s steep slopes. Per RMC 4-3-050C.3.12, installation of
new storm drainage lines in any geologic hazard area is permitted with a Critical
Area Letter of Exemption when a geotechnical report clearly demonstrates that the
installation would comply with the criteria listed in RMC 4-3-050.J.1, criteria for
modifying geologically hazardous area standards, and that the installation would
be consistent with each of the purposes of the critical area regulations listed in
RMC 4-3-050.A. Also, to qualify for the exemption, the report must propose
appropriate mitigation for any potential impacts identified in the report. Therefore,
a condition of approval requires that the Applicant submit a request for a Critical
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Area Letter of Exemption for the installation of the storm drainage line within the
geologic hazard area.
2. Streams. The proposal is mapped with a Type Ns stream. The Applicant’s critical
areas report, Ex. 16, identifies that the stream is an unnatural drainage ditch that
doesn’t qualify as a protected stream. Nonetheless, the Applicant is bound to the
mapped classification unless it acquires a legislative amendment to the mapped
classification. Ultimately, however, the proposal complies with the buffers that
apply to Type Ns streams, so there is no issue of noncompliance with the City’s
stream regulations.
City GIS Maps identified a tributary to Johns Creek transecting the west portion of
the site, confluencing with Johns Creek near the west boundary of the property.
The Applicant’s critical areas report states that the stream was observed to be an
unnatural drainage ditch, which as stated in the report, transects the site from the
center of the north boundary to the west boundary, through the center of the site.
This drainage originates at a detention pond on the parcel adjacent offsite to the
north, which drains through a 12-inch culvert to the head of the drainage. The
report states that the streams on the site do not meet the criteria for definition as a
Type Ns stream. The report clarifies that the water source is “unnatural” in that it
is derived from a stormwater system on the parcel to the north which focuses flow
and forces it to the drainage course. This water is diverted from the stream to the
north into the on-site drainage.
The stream flows west from the site to a culvert under I-405. The drainage flows
approximately 340 feet in the culvert, daylighting on the west berm of I-405, and
flows immediately into the stormwater sewer system. The storm drain flows south
for 1,000 feet, then west 1,000 feet south of Fry’s Electronics, then north 2,000
feet, daylighting again at the north berm of Southport Drive. The report concludes
that, because this drainage traverses over 4,000 feet in the underground stormwater
system, it is not “physically connected by an above-ground channel system to
Type S, F, or Np Waters.” Because of these considerations, the report states that
the drainage does not meet the criteria for regulation as a typed stream. However,
per City GIS Maps, Johns Creek is identified as a type Ns Stream. Per RMC 4-3-
050E.5.a, the reclassification of a water body to a lower class requires
Administrator acceptance of a stream or lake study, followed by a legislative
amendment to the map in subsection E of RMC 4-3-050 prior to its effect.
Therefore, while the critical area study states that the streams on site do not meet
the definition of a Type Ns stream, the streams would be regulated as Type Ns
streams unless a legislative amendment was requested and approved.
City code requires a stream buffer of 50 feet, with a 15-foot building setback
beyond the buffer, for type Ns streams. However, per footnote 5 of RMC 4-3-
050G.2, when a required stream buffer falls within a protected slope, the stream
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buffer width shall extend to the boundary of the protected slope. The streams on
site are located within the protected slope; therefore, the edge of the stream buffer
would extend to the edge of the protected slope. The proposed structures and open
space (Tract D), as currently shown, comply with the stream buffer and building
setback requirements.
3. Wetlands. A small 541 square foot Class III wetland is located in the west portion
of the site. The proposal does not encroach into the buffer of the wetland and,
therefore, the proposal is not found to adversely affect the wetland.
The wetland has been classified and delineated in the Applicant’s Critical Areas
Study, Ex. 16. The wetland is associated with the drainage. The drainage course
flows approximately through the center of the site going west. Hydrology for this
wetland is provided by surface ponding of storm water and runoff from drainage
flowing through the wetland. As a Category III wetland, the wetland requires a
standard 75-foot buffer and a 15-foot building setback beyond the buffer when
adjacent to non-low impact land uses per RMC 4-3-050.G.2. The edge of the
wetland is mapped more than 270 feet from the edge of nearest developed area
(Tract D) for the proposed development, which exceeds buffer requirements.
An above-ground tightline system, designed to convey stormwater runoff from the
developed portion of the site, over the onsite steep slopes, is proposed within the
existing stream and wetland buffer. The report states that the proposed homesites
and associated utilities were designed to avoid adversely impacting the identified
onsite wetlands and stream. The report clarifies that, because of the precipitous
nature of the site, collected stormwater must be released where the stream channel
gradient diminishes. Piped stormwater traverses 168 feet of wetland buffer. This
results in a permanent impact to the wetland buffer of 268 square feet. The report
states that this encroachment into the identified buffer for the on-site wetlands is
required to serve the home sites. Per RMC 4-3-050.C.4, a Critical Areas Letter of
Exemption may be issued for necessary conveyance systems including stormwater
dispersion outfall systems designed to minimize impacts to the wetland and stream
buffer and critical area, where the site topography requires their location within the
buffer to allow hydraulic function provided the standard buffer zone area
associated with the critical area classification is retained pursuant to RMC 4-3-
050.G.2, and the conveyance system is sited to reduce impacts between the critical
area and surrounding activities. Therefore, a condition of approval requires the
Applicant to submit a request for a Critical Area Letter o f Exemption that
identifies how it meets the exemption criteria for the installation of the storm
drainage line within the stream and wetland buffer areas. If it is determined the
action is not exempt, the approval via a separate critical areas permit, variance, or
other applicable permit or the Applicant shall design an alternative method of
conveyance that does not require the encroachment into the stream and wetland
buffers.
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B. Tree Retention. The proposal provides for adequate preservation of trees because it is
consistent with the City’s tree retention standards.
The City’s tree retention standards (RMC 4-4-130) require the retention of 20 percent
(20%) of trees in a residential development. An arborist report, prepared by Schoffner
Consulting, was submitted with the land use application (Exhibit 7). The arborist report
identified four 93 on-site significant trees (greater than 6 caliper inches). A total of fifty-
six (56) significant trees are located within the proposed critical area tract. All trees within
the proposed critical area tract are proposed to be retained. The arborist report identified a
total of thirty-seven (34) significant trees within the developable portion of the property.
The Applicant is proposing to retain a total of five (5) trees on the developable portion of
the site. A total of twenty-nine (29) trees are proposed for removal as part of the project
proposal. The minimum tree retention requirement is twenty percent (20%) in the
Residential Multi-Family (RMF) zone after deductions. Certain trees are excluded from
retention calculations, including dangerous trees, trees in proposed public streets, trees in
proposed private access easements/tracts, and trees in critical areas and critical area
buffers. The tree retention worksheet (Exhibit 5) identifies a total of four (4) trees within
the proposed private access tract. Following the deduction of trees within critical area and
access tracts, the Applicant is required to retain a total of six (6) trees to comply with
minimum tree retention requirements. The Applicant proposes a replacement planting of
twelve (12) caliper inches to replace the protected tree removed. Based on the provided
tree retention plan (Exhibit 6), retainment of an additional tree for compliance with the
minimum 20% tree retention does not appear to be feasible without impact to the health of
the retained tree; therefore, the Applicant’s request for tree replacement planting is
reasonable.
Per RMC 4-4-130H.1.e, when the required number of protected trees cannot be retained,
replacement trees, with at least a two-inch (2") caliper or an evergreen at least six feet (6')
tall, shall be planted at a rate of twelve (12) caliper inches of new trees to replace each
protected tree removed. Up to fifty percent (50%) of trees required pursuant to RMC 4-4-
070, Landscaping, may contribute to replacement trees. The Applicant proposes a total of
20 new onsite trees, with a minimum size of two (2) caliper inches. The Applicant also
proposes another 19 new onsite trees that are approximately 1.5 caliper inches. The new
tree species include Shore pine, Paper birch, Quaking Aspen, Cascara, Alpine fir, and
Vine Maple. After deducting trees required for compliance with landscaping regulations,
the project proposal well exceeds the required replacement planting of 12 caliper inches.
C. Compatibility. As conditioned to mitigate against height impacts, the proposal is
compatible with surrounding uses.
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The proposal adjoins townhome developments to both the north and south, so the type of
use is certainly compatible with surrounding uses. However, the proposal has a greater
height than the adjoining townhomes and measures must be taken to mitigate against that
compatibility impact. The proposed townhomes are four stories high while the adjoining
townhomes are three stories high and the single-family homes across Aberdeen Ave NE are
one story high. Further, the proposed front yard setback for the new townhome
development is 10 feet. The front yard setback for the existing townhome structure to the
north is 20 feet and the front yard setback for the existing townhome structure to the south
is approximately 55 feet. The project site does slope down from the public street, which
helps to reduce the perceived scale of the proposed townhomes as they follow the slope of
the site down to the west; however, where the proposed four-story structure fronts the
public street appears out of character and scale with the surrounding neighborhood.
The staff report notes that staff will support the increased height for the western portion of
the townhomes if the Applicant reduces the height of the proposed structure to the code
compliant three-stories, with a maximum wall plate of 32 feet, for the portion of the
structure within 25 feet of the front yard (east) property line to mitigate the scale of the
proposed development and increase compatibility with the surrounding neighborhood.
Therefore, a condition of approval requires the front yard height reduction recommended by
staff.
The City’s landscaping standards assure further aesthetic compatibility with surrounding
uses. The Applicant submitted a Conceptual Landscape and Tree Retention Plan, prepared
by Lane & Associates (Exhibit 5) with the project application materials that staff have
determined complies with the City’s landscaping standards. Landscaping and open space
is proposed throughout the site in areas not occupied by buildings or paving and the critical
areas tract retains a substantial amount of native vegetation and trees.
D. Noise, Light and Glare. As conditioned, no significant adverse noise or light impacts are
anticipated. The City’s noise ordinance regulates noise levels and sets a legislative standard
of acceptable noise levels. As regulated, the proposal is not found to create significant
noise impacts.
As to light and glare impacts of the project as a whole, the Applicant has not submitted a
lighting plan as required by City regulations; therefore, a condition of approval requires that
a lighting plan shall be provided at the time of building permit review for staff approval. As
conditioned, to ensure safety and avoid excessive brightness pedestrian scale lighting
should be provided on the primary entries of each unit as well as along the pedestrian
walkways as necessary to provide sufficient lighting for pedestrian safety but shall also be
designed to minimize light spill and glare onto adjoining properties.
E. Views. According to uncontested findings of the staff report, the proposal will not block
view corridors to shorelines or Mt. Rainier or impact the views of surrounding properties.
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CONCLUSIONS OF LAW
Procedural:
1. Authority. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits. In
the absence of the preliminary plat application, no Hearing Examiner review would be required for
the site plan and it would be classified as a Type II permit by RMC 4-8-080(G). The street, open
space and unit lot drive modification requests are classified by RMC 4-8-080(G) as a Type I review.
RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number
procedure”. The Type III reviews are the “highest-number procedure” and therefore must be
employed for all of the permit applications. As outlined in RMC 4 -8-080(G), the Hearing Examiner
is authorized to hold hearings and issue final decisions on Type III applications subject to closed
record appeal to the Renton City Council.
Substantive:
2. Zoning/Comprehensive Plan Designations. The project site is zoned Residential Multi-
Family (RMF) and has a comprehensive plan land use designation of Residential High Density.
3. Review Criteria/Approval of Modifications. Chapter 4-7 RMC governs the criteria for
subdivision review. RMC 4-9-200.E.3 governs the criteria for site plan review. Applicable standards
are quoted below in italics and applied through corresponding conclusions of law. All applicable
criterion quoted below are met for the reasons identified in the corresponding conclusions of law.
Development standard modification criteria are governed by RMC 4-9-250.D. The findings and
conclusions of Finding No. 22, 23 and 24 of the staff report are adopted to determine that the street
modification, unit lot drive modification and open space modification meet the criteria for approval
and should all be approved.
Subdivision
RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
2. Access: Establish access to a public road for each segregated parcel.
3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied
because of flood, inundation, or wetland conditions. Construction of protective improvements may
be required as a condition of approval, and such improvements shall be noted on the final plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
supplies and sanitary wastes.
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4. The criterion is met. As to compliance with the Zoning Code (including design standards),
Findings 17 and 18 of the staff report are adopted by reference as if set forth in full. Each proposed
lot will access a public road -- specifically the unit lot drive identified in Finding of Fact No. 4(F)
connects the unit lots to Aberdeen Ave NE. As determined in Finding of Fact No. 4 and 5, all
critical areas are adequately protected as compliant with the City’s critical area standards and the
project will not cause flooding problems as it is not located in a floodplain critical area and will be
served by adequate and appropriate drainage facilities. As determined in Finding of Fact No. 4, the
proposal provides for adequate public facilities.
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 criterion is met. The proposed preliminary play is consistent with the Renton
Comprehensive Plan as outlined in Finding 16 of the staff report, which is incorporated by this
reference as if set forth in full.
RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road
or street (according to City specifications) to an existing street or highway.
6. The criterion is met. As previously noted, the internal unit lot drive connects each unit lot to
Aberdeen Ave NE, an existing public street.
RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
City.
7. The criterion is met. The proposal is not subject to any adopted street plan.
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 criterion is met. The proposal does not touch upon any designated pedestrian trail. The
section of Aberdeen Ave NE along the development site is designated as a Neighborhood Greenway
(Bicycle Boulevard) in the current update to the Renton Trails and Bicycle Master Plan. However,
given the small amount of road frontage, at this point as testified by public works staff the Applicant
cannot make any meaningful or useable contribution for the improvements necessary for the
Neighborhood Greenway project.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
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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.
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
9. The criterion is met. The land is suitable for a subdivision as the stormwater design assures
that it will not contribute to flooding and development will not encroach into critical areas. No
piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as
determined in Finding of Fact No. 5. All proposed development will not encroach into the buffers of
on-site streams and steep slopes as outlined in Finding of Fact No. 5A.
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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 criterion is met. City ordinances require the payment of park impact fees prior to
building permit issuance.
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 criterion is met. There is no opportunity for street connectivity beyond that proposed
due to the presence of critical areas and I-405 on the west side of the project site.
RMC 4-7-150(B): All proposed street names shall be approved by the City.
12. The criterion is met. The proposal is conditioned upon City approval of street names, if any.
RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or
secondary arterials shall be held to a minimum.
13. The criterion is met. There is no street intersection with a public highway or major or
secondary arterial.
RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public Works
Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street
alignment offsets of less than one hundred twenty-five feet (125') are not desirable, but may be
approved by the Department upon a showing of need but only after provision of all necessary safety
measures.
14. The criterion is met. The Public Works Department has reviewed the proposed unit lot drive
alignment and staff has recommended approval as proposed.
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.
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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…
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 Official where due
to demonstrable physical constraints no future connection to a larger street pattern is physically
possible.
15. The criterion is met. As previously determined, the critical areas and I-405 located on the
west side of the project prevent any more street connectivity than that proposed. The same rational
applies to contributing to a street grid system and for the need for a cul de sac internal roadway.
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. The criterion is met. 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
shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be
required in certain instances to facilitate future development.
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17. The criterion is met. No additional street extensions are proposed, possible or necessary for
the proposal.
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. The criterion is met. As depicted in Ex. 4, 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. The criterion is met. As previously determined, each lot has access to a public street.
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. Further subdivision of lots within a plat approved through the
provisions of this Chapter must be consistent with the then-current applicable maximum density
requirement as measured within the plat as a whole.
20. The criterion is met. As previously determined, the proposed lots comply with the zoning
standards of the RMF zone. As authorized by RMC 4-7-090E1, individual lots in plats that qualify as
unit lot subdivisions are not required to comply with the minimum lot size, width, and depth
requirements of the underlying zoning designation. All unit lot subdivision requirements are met as
identified in several portions of Finding No. 17 of the staff report.
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 (80%) of
the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of
twenty feet (20') and (2) lots on a street curve or the turning circle of cul -de-sac (radial lots), which
shall be a minimum of thirty five feet (35').
21. The criterion is met. As identified in COL No. 20, lots in unit lot subdivisions are not subject
to any minimum width standards.
RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of-way, except alleys,
shall have minimum radius of fifteen feet (15').
22. The criterion is met. The only corner lots on the project site are situated along alleys.
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RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
watercourses, and similar community assets. Such natural features should be preserved, thereby
adding attractiveness and value to the property.
23. The criterion is met. As outlined in Finding of Fact 5A and B, all critical areas and
significant trees are protected to the extent required by the City’s critical area and tree retention
standards. No other significant natural features are located at the project site.
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
24. The criterion is met as conditioned.
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
sufficient length to permit full-width roadway and required slopes. The drainage system shall be
designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
detention capacity for future development of the lots. Water quality features shall also be designed to
provide capacity for the new street paving for the plat.
25. The criterion is met. 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, compliance of which is incorporated into the technical information report, Ex. 9, will be
further implemented during civil plan review, which ensures 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.
26. The criterion is met as proposed and as shall be regulated during civil plan review.
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
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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. The criterion is met 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 landowner. 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. The criterion is met as conditioned.
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
B. SURVEY:
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
29. The criterion is met. Street names are subject to City approval as required by the conditions
of approval. Surveying standards will be enforced by staff during final plat review.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
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i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
policies, especially those of the applicable land use designation; the Community Design
Element; and any applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
100.
30. The criterion is met. As discussed in Conclusions of Law Nos. 4 and 5, and as conditioned,
the proposal is consistent with the City’s development and design regulations. The proposal is
consistent with the Comprehensive Plan for the reasons stated in Finding 16 of the staff report. The
proposal does not qualify as a planned action ordinance.
RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a
particular portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
and adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
31. The criterion is met. The segregation of the proposed townhome units into two separate
buildings, their separation from street frontage by stepped down setbacks as conditioned and their
proximity to similar townhome buildings prevents overscale structures and overconcentration of
development on any one portion of the lot as contemplated in RMC 4-9-200(E)(3)(b)(i). As outlined
in Finding of Fact 4D, the townhome units provide direct pedestrian connections from the rights-of-
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way to each unit and to common open spaces throughout the project site and the unit lot drive
provides vehicular access through the project site. These vehicular and pedestrian connections
provide the linkages and transitions contemplated in RMC 4-9-200(E)(3)(b)(ii). The Applicant
proposes no loading or storage areas so RMC 4-9-200(E)(3)(b)(iii) is inapplicable. As determined in
Finding of Fact No. 5E, the proposal will not block any views to attractive natural features as
required by RMC 4-9-200(E)(3)(b)(iv). As outlined in Finding of Fact No. 5C, the perimeter of the
project site is landscaped and natural vegetation is retained in the critical areas tract, providing the
amenities required by RMC 4-9-200(E)(3)(b)(v). As identified in Finding of Fact No. 5D, as
conditioned, the Applicant is required to prepare a lighting plan that minimizes light impacts to
adjoining properties as contemplated by RMC 4-9-200(E)(3)(b)(vi).
RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including:
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
spacing and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian
and vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces; and
iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
shade and privacy where needed, to define and enhance open spaces, and generally to
enhance the appearance of the project. Landscaping also includes the design and protection
of planting areas so that they are less susceptible to damage from vehicles or pedestrian
movements.
32. The criterion is met. Open Space and landscaping has been sited throughout the development,
which would provide privacy and buffer some of the noise either entering or leaving the project site
as required by RMC 4-9-200(E)(3)(c)(i). The scale of the project is appropriate for its location as
contemplated by RMC 4-9-200(E)(3)(c)(ii) for the reasons identified in Finding of Fact No. 5C,
which includes the reduction in front yard building height as conditioned. Natural features are
adequately preserved and protected as a significant amount of the natural vegetation of the site is
retained in the critical areas tract and the remaining portion of the project complies with the City’s
tree retention standards as determined in Finding of Fact No. 5A and B . As outlined in the staff
report, impacts to the natural landscape are appropriately limited as required by RMC 4-9-
200(E)(3)(c)(iii) because only approximately 261 cubic yards of material would be cut on-site and
approximately 983 cubic yards of fill is proposed to be brought into the site. The proposed
development is concentrated on the developable (east) portion of the site, outside of the protected
slopes and critical area buffers, which limits impact to the natural landscape. As shown in the
Applicant’s landscaping plan, Ex. 4, the proposed and required landscaping will help define and
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enhance open spaces and enhance privacy and aesthetics as contemplated by RMC 4 -9-
200(E)(3)(c)(iv). A unit lot drive tract and landscaping tract are proposed between the proposed
structures and the neighboring parcel to the north. The proposed tracts, private yard space, and
setbacks would provide privacy and buffer some of the noise either entering or leaving the project
site.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets
rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
including the location, design and dimensions of vehicular and pedestrian access points,
drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings, public sidewalks and adjacent properties.
33. The criterion is met. The proposal provides for safe and efficient access and circulation as
required by the criterion above for the reasons identified in Finding of Fact No. 4E and 4F. No
loading or delivery spaces are proposed. The facility will be served by adequate transit and bicycle
facilities (most notably bicycle parking spaces) for the reasons identified in Finding of Fact No. 4F and
4H. Safe and attractive pedestrian connections are provided as outlined Finding of Fact No. 4E and
shown in the Applicant’s landscaping plan, Ex. 4.
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
34. The criterion is met. As detailed in Finding of Fact 4D, the proposal’s open space includes
numerous amenities for both passive and active recreation. As shown in the Applicant’s landscaping
plan, the open space areas serve as focal points of the project site.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
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35. The criterion is met. As determined in Finding of Fact No. 5E, there are no view corridors to
shorelines or Mt. Rainier affected by the proposal.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
36. The criterion is met. As outlined in Finding of Fact No. 5A and shown in the project site
plans, the critical areas of the site are all concentrated on the western side of the project site and the
developed portion of the site doesn’t encroach into their buffers.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
37. The criterion is met. The project is served by adequate services and facilities as determined in
Finding of Fact No. 4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
38. No further phasing is proposed.
DECISION
The proposed1 preliminary plat, unit lot subdivision, site plan, street modification request, unit lot
drive modification request and open space modification request all comply with all applicable criteria
for the reasons identified in the conclusions of law of this decision and are all approved, subject to the
following conditions:
1. The Applicant shall comply with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated April 5, 2021.
2. The Applicant shall submit a final detailed wetland mitigation plan, for review and
approval by the Current Planning Project Manager, prior to Civil Construction Permit
issuance.
3. The Applicant shall submit a final detailed landscape plan, consistent with RMC 4-8-120
and RMC 4-4-070, for review and approval by the Current Planning Project Manager,
prior to Civil Construction Permit issuance. The final detailed landscape plan shall
identify all utility box locations and any utility boxes that are visible to the public shall be
screened with berms and/or landscaping. In addition, the final detailed landscape plan
1 Approval also includes approval of elimination of perimeter landscaping around the below ground detention vault,
as identified at page 10 of the staff report.
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shall demonstrate compliance with the City Approved Tree List for street trees and
minimum tree spacing standards.
4. The final detailed landscape plan shall indicate the location of all new or replaced fences
on the project site and demonstrates compliance with the maximum fence height
requirements. The Applicant shall identify the location of the required permanent, split
rail fencing (with required signage) for the native growth protection area containing
critical area and buffers. In addition, the Applicant shall either revise the proposed
retaining walls to comply with maximum height requirements, or the Applicant shall
submit a Modification application to request the proposed retaining walls to exceed the
maximum height requirements. The revised or modified retaining wall plans shall include
the proposed materials. The revised plans shall be reviewed and approved by the Current
Planning Project Manager, prior to Civil Construction Permit issuance. Any retaining
wall height modification shall be issued prior to Civil Construction Permit issuance.
5. The Applicant shall submit a request for a Critical Area Letter of Exemption for the
installation of the storm drainage line within the geologic hazard area, and stream and
wetland buffers areas. The request for Critical Area Letter of Exemption shall identify
how it meets the exemption criteria for the installation of the storm drainage line within
the stream and wetland buffer areas. If it is determined the action is n ot exempt, the
Applicant shall receive approval via a separate critical areas permit, variance, or other
applicable permit prior to Civil Construction Permit issuance, or the Applicant shall
design an alternative method of conveyance that does not require the encroachment into
the stream and wetland buffers. The exemption request shall be reviewed and issued prior
to or concurrent with the Civil Construction Permit issuance.
6. The Applicant shall submit revised plans with the Building Permit or Civil Construction
Permit application identifying the location of code compliant bicycle parking meeting the
standards of RMC 4-4-080.F.11. The revised plans shall be reviewed and approved by the
Current Planning Project Manager prior to Building Permit or Civil Construction Permit
approval.
7. A lighting plan shall be provided at the time of Building Permit review for review and
approval by the Current Planning Project Manager. To ensure safety and avoid excessive
brightness pedestrian scale lighting should be provided on the primary entries of each
unit as well as along the pedestrian walkways as necessary to provide sufficient lighting
for pedestrian safety but shall also be designed to minimize light spill and glare onto
adjoining properties.
8. The Applicant shall either obtain verification from Republic Services that they can drive
down the unit lot drive to pick-up each individual container, or the Applicant shall
identify a location for a refuse and recycling pick-up location in compliance with RMC 4-
4-090. The Applicant shall demonstrate compliance with the minimum container size for
refuse and recycling, and approved pick-up location(s), in compliance with RMC 4-4-
090, prior to Civil Construction Permit issuance.
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9. The Applicant shall submit a separate detailed plan set identifying the location and
screening provided for all surface and roof top utility/mechanical equipment with the
Building Permit application. The plan set shall be reviewed and approved by the Current
Planning Project Manager prior to Building Permit approval.
10. The Applicant shall submit revised architectural plans at the time of Building Permit
application, for review and approval by the Current Planning Project Manager, that
demonstrate compliance with the minimum 250 square feet of private yard space for each
unit, outside of the required pedestrian easement. In addition, the Applicant shall either
submit a modification request to allow for the roof top decks to qualify as private yard
space, for review and approval by the Current Planning Project Manager, prior to
Building Permit application, or the Applicant shall revise the plan to comply with private
yard space on the ground floor.
11. Compliance with the maximum three-story limit and maximum 32-foot wall plate height
shall be maintained for the proposed townhome development within 25 feet of the front
yard (east) property line. Outside of the first 25 feet from the front (east) property line,
the townhomes may increase to four stories, with a maximum wall plate height of 42 feet.
12. The Applicant shall submit a revised primary entry proposal for Unit Lot 1 that
demonstrates clear direct connection to the public sidewalk from the front door. The
Applicant shall submit the revised architectural plans demonstrating compliance for
review and approval by the Current Planning Project Manager, prior to Building Permit
issuance.
13. The balcony railings for the proposed structures shall be mostly transparent. In addition,
two different roof colors and two different color pallets shall be used for the two
structures. A materials board showing the two color palettes, coded to the exterior
building elevations, shall be provided to the Current Planning Project Manager for review
and approval, prior to Building Permit issuance.
14. The Applicant shall provide details regarding the site amenities, including the design,
color, and brand for the proposed seating, barbeque and cover, picnic tables, as well as
the tinted color for the proposed chessboard, for review and approval by the Current
Planning Project Manager, prior to Building Permit issuance.
15. The Applicant shall clearly demonstrate compliance with the maximum five percent (5%)
slope for Tract C, prior to Civil Construction Permit issuance. Furthermore, the Applicant
shall revise the proposed chessboard to be level and designed with tinted concrete, rather
than painted concrete. If the concrete chessboard cannot be revised to be level, the
Applicant shall provide a different recreational amenity alternative to the Current
Planning Project Manager for review and approval, prior to Civil Construction Permit
issuance.
16. The Applicant shall revise the concrete area within Tract C to utilize 2-foot by 2-foot
(2’x2’) scored concrete, compliant with emergency vehicle apparatus requirements, to
match the other areas of the tract and the wheel stops and curb shall be removed. The
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revised common open space design stall be submitted for review and approval by the
Current Planning Project Manager, prior to Civil Construction Permit issuance.
17. The Applicant shall revise the proposed pedestrian connection to the open space Tract D
to create and show clear pedestrian connection and eliminate obstructions to the tract.
The Applicant shall demonstrate compliance with the required pedestrian connection to
the common open space tracts for review and approval by the Current Planning Project
Manager prior to of Civil Construction Permit issuance.
18. The Applicant shall include a minimum four foot (4-foot) wide sidewalk, within the 20-
foot wide paved section flush with the unit lot drive asphalt, along the full length of the
unit lot drive. The sidewalk shall be a different color and surface material than the unit lot
drive asphalt surface, and shall be differentiated by a stamped decorative pattern. The
Applicant shall provide a unit lot drive sidewalk color and pattern design proposal for
review and approval by the Current Planning Project Manager, prior to Civil
Construction Permit Issuance.
19. The Applicant shall provide a minimum five-foot wide landscape strip along the full
length of the unit lot drive (north side), as well a 0.5-foot curb between the unit lot drive
and the landscape strip. The Applicant shall show the revised unit lot drive landscape
strip and 0.5-foot curb on the final detail landscape plan, for review and approval by the
Current Planning Project Manager, prior to Civil Construction Permit issuance.
20. The Applicant shall record an access easement on the face of the plat to encumber the
entirety of Tract B and the hammerhead turnaround in Tract C. The easement shall
prohibit any temporary or permanent physical obstructions within the easement
including, but not limited to, the parking of non-emergency vehicles. The Applicant shall
install one “No Parking” sign on each side of the pavement within the turnaround, prior
to plat recording.
21. The Applicant shall create a Homeowners’ Association (“HOA”) that maintains all
improvements and landscaping in the common space tracts and any and all other common
improvements. A draft of the HOA documents shall be submitted to, and approved by,
the Current Planning Project Manager prior to recording of the Unit Lot Subdivision.
Such documents shall be recorded concurrently with the Unit Lot Subdivision.
22. Street names, if any, shall be approved by the City and street name signs shall be installed
if required by City staff.
23. 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.
24. 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
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may be required for the maintenance and operation of utilities as specified by the
Department.
25. 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 landowner. 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.
26. Lot corners shall be marked as required by RMC 4-7-210.
27. As required by RMC 4-7-090F8a, the title of the final plat shall include the term “unit lot
subdivision.”
DATED this 22nd day of May, 2021.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080(G) classifies the consolidated application(s) subject to this decision as Type III
applications subject to closed record appeal to the City of Renton City Council. Appeals of the
hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the
decision. A request for reconsideration to the hearing examiner may also be filed within this 14-
day appeal period.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Aberdeen Townhome Plat
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Appendix A
May 11, 2021 Hearing Transcript
Aberdeen Townhomes Plat
Note: This is a computer generated transcript provided for informational purposes only. The reader should
not take this document as 100% accurate or take offense at errors created by the limitations of the
programming in transcribing speech. A recording of the hearing is available from the Renton City Clerk’s
Office should anyone need an accurate rendition of the hearing testimony.
Phil Olbrechts: For the record, it's at 10:00 AM May 11th of 2021. I'm Phil Olbrechts, Hearing
Examiner for the City of Renton. We have today an application for a town
[inaudible] project, which involves applications for preliminary plat unit lot
subdivision, site plan review, a street modification, an open-space modification,
and a unit lot drive modification. The format for today's hearing is we'll have
staff go over the application, and Angela, is that going to be you today?
Angela Weihs: Yes, that would be me.
Phil Olbrechts: Ms. Weihs will be giving us an overview of the project. After she's done, the
applicant will have a chance to comment if they want; not required, but if you
want to, go right ahead. Then we'll move into the public comment portion of
the hearing. I don't know if we have any members of the public that have joined
us today. I did notice that there were no public comment letters and nobody
had attended the developer meeting on the project. So it wouldn't surprise to
me if we don't have any public participation on this one. After public comments,
if any, we'll go back to staff rebuttal. Finally, applicant rebuttal. I have 10
business days. That's usually about two weeks to issue a final decision.
Now, by state law, I'm only allowed to consider evidence that's put into the
record, and staff gives me a whole bunch of exhibits in advance of the hearing
for me to review. That's listed on page two of the staff report, Exhibits one
through 27.
Let's see. Cindy, are you the one that's kind of hosting this? Do you have a
phone number to flash in case someone is having trouble participating and
wants to join or needs to object to an exhibit?
Cindy: Jenny is the one who has her info up.
Phil Olbrechts: Okay, there we go. Jenny, could you flash your phone number and email
address in case there's someone watching that is having trouble voicing
objections over exhibits or wants to join the meeting?
Jenny Cisneros: So right above me, I have my info on my screen.
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Phil Olbrechts: Ah, there you are. Okay. All right.
Jenny Cisneros: I'm going to share the screen for the exhibits so that everybody can see those.
[inaudible] location to those as well.
Phil Olbrechts: Okay, yeah. So we're going to be sharing the screen on the exhibits that the staff
proposes to get into the record. If one of you is watching out there and for some
reason are unable to voice an objection or participate in the hearing, just to give
a call or email Ms. Cisneros, and she'll figure out how to get you in there. If you
are participating by Zoom right now, if you object to some documents or have
any questions, just click on your "raise hand" button at the bottom of your
screen, and we'll get right to you.
So, anyway, shared on the screen right now are the Exhibits one through 27. If
any of you have any objections to entry of those documents, please voice your
objection now either by audibly saying it, if you're not muted or raising your
virtual hand, and I'm seeing no ... Let's see here. Let me check the list. No raised
hands, so Exhibits one through 27 are admitted into the record.
Ms. Weihs, I know staff usually has some other exhibits they'd like to get into
the record as well. I believe that includes your PowerPoint, which we'd say is
Exhibit 28, Google Maps, Exhibit 29, and the city's core maps. Those are the city
maps listed at the City of Renton website. Do you want to get those exhibits in
the record, Ms. Weihs?
Angela Weihs: Yes, I would like to include those [inaudible].
Phil Olbrechts: Any objections over entry of those three exhibits, then? Okay, hearing none,
those are admitted as well. Oh, we have it on the screen there already by Ms.
Cisneros, Exhibits 28 through 30 there. All right, all the documents that we need
to get in are in the record now. So Ms. Weihs, go ahead. Let me swear you in,
though. Raise your right hand. Do you swear or affirm to tell the truth, nothing
but the truth in this proceeding?
Angela Weihs: I do.
Phil Olbrechts: All right. Okay, go ahead.
Angela Weihs: Thank you, Mr. Examiner. I'm going to take a moment to share my screen once
I'm provided permission. So it says host-disabled participant screen sharing.
Jenny Cisneros: [inaudible]. Let me try again. Okay, go ahead and try again.
Angela Weihs: Perfect. Thank you.
So for the record, I am Angela Weihs, Associate Planner with the City of Renton.
I would like to make note that the PowerPoint presentation that was saved in
Aberdeen Townhome Plat
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the file did have the wrong file name here. So I did update it for the purposes of
this meeting. The correct file is LUA19-000280. So this is a staff's presentation of
the [inaudible] on Aberdeen Townhome's plat. Specifically, this is to satisfy the
public hearing component for the preliminary plat unit lot subdivision and site
plan review to develop 12 townhomes in the Highland Community planning
area. The application also includes a street modification, an open-space
modification, and a unit lot drive modification request.
This presentation will include information regarding the project location, project
proposal, the approvals requested, additional height request, the street
modification, unit lot drive modification, and open-space modification, as well
as information on critical areas, the process to-date, Renton Municipal Code
analysis, the availability of public surfaces, and then lastly, staff
recommendation.
The project site is located at 957 Aberdeen Avenue Northeast. The project site
consists of one parcel and is located on the west side of Aberdeen Avenue
Northeast, north of Sunset Boulevard Northeast. The project site is 54,203
square feet. I would like to note that the staff report identified the lot size of
54,057 square feet in several spots, which was an error. The aerial image on the
right gives you a zoomed-in perspective of the site.
The block between Sunset Boulevard Northeast and Northeast Sunset Boulevard
on the east side of Aberdeen Avenue Northeast here is occupied by a multi-
family development and single-family residences, also within the RMF zone. The
property to the west is within the R1 zone and is occupied by Puget Sound
Power Light Company transmission lines. I would like to clarify this area is
occupied by a mixture of single-family, with single-family being immediately
across the street from the development, and then this side is occupied by the
primarily townhome development.
The proposal is for two new townhome buildings, both with six units each. The
proposed unit lots would range in size from 864 square feet to 1,106 square
feet. Access to all 12 units is proposed by a new unit lot drive extending from
Aberdeen Avenue Northeast. The proposal includes a total of 12 unit lots, three
landscape tracts, two common open-space tracts, one unit lot drive tract, and
one critical area tract, which is located back here.
The 3D renderings on the screen show the front and rear elevations for the 12
units. The broad and bright photo shows the building facade that would face
Aberdeen Avenue Northeast to the east. The top right photo shows the
proposed tract see between the two townhome structures. All the garages
would be taken by a unit lot drive along the north property line as shown in the
bottom left photo, and the top left photo shows the front elevations and entries
for the proposed townhomes, which would face the south.
The project site is currently developed with one single-family residence and
several accessory structures, all of which are proposed for removal. High
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landslide hazards, high erosion hazards, protected and sensitive slopes, a
category three wetland and a type NS stream are mapped on the project site.
There are a total of 90 on-site significant trees on the subject property. A total
of 56 significant trees are located in the proposed critical area tract, all of which
are proposed to be retained. A total of 34 significant trees are located within
the developable portion of the property, of which the applicant is proposing to
retain five, and a total of 29 trees are proposed for removal as part of the
project proposal.
The planning division of the City of Renton accepted the above master
application for review on November 6, 2019 and determined the application
complete on December 3, 2019. The project was later placed on hold on January
10, 2020 and taken off hold on June 3, 2020. The project was placed on hold
again on October 16, 2020 and taken off hold on March 4, 2021. The project
complied with the 120-day review period. No public or agency comments were
received.
On April 5, 2021, the environmental review committee issued a determination
of non-significance mitigated with two mitigation measures. An appeal period
commenced on April 5, 2021 and ended on April 19, 2021. The appeals of the
threshold determination ... No appeals were filed for the determination. The
two mitigation measures were related to geotechnical analysis and related to
the geotechnical report.
The applicant proposes to increase the maximum wall plate height to 42 feet
and increase the number of stories to four stories for both townhome structures
through the site plan review process per RMC4-2-110E20. An additional 10 feet
of maximum wall plate height and an additional story for a residential dwelling
structure may be obtained through the provisions of additional amenities, such
as additional recreational facilities, underground parking, and additional
landscaped open-space areas as determined through site development plan
review and process, and depending on the compatibility of proposed buildings
with adjacent or [inaudible] existing residential development. Staff
recommended approval of the requested height increase with conditions.
Staff observed that the proposed four-story townhomes would be inconsistent
with the neighboring three-story townhomes to the north and south, as well as
the single-family homes across Aberdeen Avenue Northeast to the east. Just for
clarification, on the top right-hand side, that is the townhome development to
the south, on the left-hand side is the development to the north, and then on
the bottom of the photo shows the single-family or single-story, single-family
structures on the west side of Aberdeen Avenue Northeast.
The proposed front yard setback for the new development is 10 feet. The front
yard setback for the existing townhomes to the north is 20 feet and to the south
is 55 feet. Not only would the proposed townhomes be a full story taller than
the existing townhomes to the north and south, but it would also be closer to
the public street. The property project site does slope down from the public
Aberdeen Townhome Plat
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street, which helps reduce the scale of the proposed townhomes as they follow
the slope. However, where the proposed four-story structure fronts the public
street, it appears out of scale with the surrounding neighborhood. Therefore, in
order to reduce the perceived scale of the proposed structure as seen from the
street and ensure compatibility with the surrounding neighborhood, staff
recommended as a condition of approval that compliance with the maximum
three-story limit and maximum 32-foot wall plate height be maintained for the
proposed townhome development within 25 feet of the front yard property
line. Outside of that first 25 feet from the front property line or east property
line, the townhomes may increase to four stories with a maximum wall plate
height of 42 feet.
The applicant requested a street modification for cross-section changes to
Aberdeen Avenue Northeast frontage improvements. Aberdeen Avenue
Northeast is classified as a collector arterial road. The existing right-of-way
width is approximately 60 feet. To meet the city's complete street standards, a
right-of-way of 83 feet is required. Code required have street improvements
include pavement width of 46 feet, a half-foot curb, eight-foot planter strip, and
an eight-foot sidewalk, street trees, and storm drainage improvements. The
applicant is requesting a street modification to allow for six-foot wide planter
strip and a five-foot wide sidewalk, resulting in 4.5 feet of right-of-way
dedication in lieu of the full half street standards. Staff recommended approval
of the requested street modification.
The applicant is requesting a modification from RMC4-6-60K in order to allow
for 12 unit lots to access from the proposed unit lot drive rather than the
standard maximum of nine unit lots. In addition, the applicant request to reduce
the required landscape strip along the unit lot drive to 4.5 feet rather than the
eight feet required by code, as well as eliminate the five-foot sidewalk required
along one side of the unit lot drive. The applicant proposes that the pedestrian
easement provided along the front entries of the units provides adequate
pedestrian access in lieu of the unit lot drive sidewalk that is required by code.
Staff recommended approval of the requested modification with conditions
requiring that the applicant include a minimum four-foot wide sidewalk within
the 20-foot wide paved section flush with the unit lot drive asphalt along the full
length of the unit lot drive, as well as provide a minimum five-foot wide
landscape strip along the full length of the unit lot drive with a half-foot curb
between the unit lot drive and the landscape strip.
The applicant requested a modification from RMC4-2-115 in order to exceed the
maximum slope of 5% permitted in the common open-space areas. The
applicant requested that the maximum slope of 7% within the open-space Tract
D be permitted. Staff recommended approval of the requested modification.
So as previously stated, high landslide hazards, high erosion hazards, and
protected and sensitive slopes are identified on the project site. The area is
mapped with high erosion hazards and protected slopes, which are
concentrated on the west portion of the project site. The area mapped with
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high erosion hazards and protective slopes would not be developed, so the
concentration of the proposed development is outside of those geologic hazards
located here.
One wetland was identified on the west portion of the site, located right here.
The wetland meets the category of three wetland with four habitat points,
which requires a standard 75-foot buffer and a 15-foot building setback beyond
the buffer. The edge of the wetland is mapped more than 270 feet from the
edge of the nearest developed area, which exceeds the buffer requirements. A
tributary to Johns Creek, located here, which is classified as a Type NS stream,
transects the west portion of the site. City code requires a stream buffer of 50
feet and a 15-foot building setback beyond the buffer for Type NS streams.
However, when a required stream buffer falls within a protected slope, the
stream buffer shall extend to the boundary of the protected slope, located here.
Therefore, the proposed structures and open space comply with the stream
buffer and building setbacks.
The proposed stormwater conveyance encroaches into the stream and wetland
buffers. The applicant provided a mitigation plan, which states that upon
completion of the mitigation, there will be no net loss of wetland acreage or
functions or values and an increase in the potential for the buffer to protect
aquatic habitats. Staff recommended a condition of approval regarding the final
mitigation plan.
A neighborhood meeting was held on February 6, 2020. As previously stated,
the planning division of the City of Renton accepted the master application for
review on November 6, 2019 and determined the application complete on
December 3, 2019. It was placed on hold twice and taken off hold twice. A 14-
day notice of application comment period commenced on December 3rd of
2019 and ended on December 17th of 2019. No public or agency comments
were received.
The city acted as lead agency, and the environmental review committee issued a
determination of non-significance mitigated for the [inaudible] on Aberdeen
Townhomes' plat on April 5, 2021. A 14-day appeal period commenced on April
5, 2021 and ended on April 19, 2021. Shortly thereafter, staff completed a staff
report on May 4th, 2021, which leaves us to today's public hearing on May 11,
2021, and that is the process to-date.
The proposal is consistent with relevant, comprehensive plan land-use policies.
In addition, the proposal is compliant with the zoning and development
standards established with the RMF zone, provided the applicant complies with
city code and conditions of approval. There are safe walking routes to school
bus stops for any students who may reside in the future townhomes.
Police and Renton Fire Authority staff indicate that sufficient resources exist to
furnish services to the proposed development if the applicant provides code
required improvements and fees. A minimum of five hydrants are required for
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the project. It is anticipated that the Renton School District can accommodate
any additional students generated by this proposal at Kennydale Elementary,
McKnight Middle School, and [Hazen] High School. Water and sewer service is
provided by the City of Renton. There is an existing 12-inch city water main
located in Aberdeen Avenue Northeast that can deliver a maximum flow
capacity of 5,000 gallons per minute, and there is an existing eight-inch concrete
gravity wastewater main located in Aberdeen Avenue Northeast.
The applicant submitted a preliminary technical information report prepared by
Encompass Engineering & Surveying. A stormwater detention take is proposed
on the western edge of the unit lot drive. An Oldcastle BioPod filtration device is
proposed to provide for enhanced water quality treatment, and an above
tightline system is proposed to convey the stormwater runoff from the
developed portion of the site over the steep slopes, and that's it located here.
The proposed tightline system would discharge flows at a location nearby Johns
Creek and outside of the sloped areas and wetland buffers. The geotechnical
report states that the stability analysis of the slope indicates stable conditions,
and the pipe installation should have no impact on the stability of the slopes.
Staff recommends approval of the [inaudible] on Aberdeen Townhomes' plat
unit lot subdivision, file number LUA19-000280, which includes a preliminary
plat site plan review and three modifications subject to 21 conditions of
approval.
That is it.
Phil Olbrechts: Okay. [inaudible]. Just have some real quick questions. On the height increase, it
looks like the townhome buildings are fairly close to the townhome buildings on
the north and south. Was there much consideration given to the impacts, the
view, and the shadow impacts on the dwelling units of the adjoining townhome
buildings?
Angela Weihs: It's not anticipated that the proposed development would have any impacts on
views. There is some space located between the townhomes to the north and
townhomes to the south due to access. So those access driveways for both
those properties are located between the property line and to the existing
structures, if that makes sense.
Phil Olbrechts: Okay. Next, I know that the staff report contains a recommendation for
reducing perimeter landscaping. I think it was for the stormwater tract. I just
couldn't tell. I mean, it wasn't subject to any kind of modification process or
anything like that. Is that perimeter landscaping just considered a guideline that
can be reduced in site plan review, or where's the authority for reducing that?
Angela Weihs: So within the landscaping regulations, the code does provide an option to
reduce that required landscaping through the site plan review process without
the requirement for a modification.
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Phil Olbrechts: Okay. Also, the staff report noted that the townhomes are located along, I
guess, a greenway, bicycle route or something, and your report noted that all
that meant was that there were plans for traffic-calming devices along that to
make it safer, I'm just presuming, for bicycle traffic. I mean, would now be an
appropriate time to require some of those traffic-calming devices to be
installed, or does the city wait until everything is put in at once or something
like that?
Angela Weihs: It looks like Michael Sippo, the city's Civil Reviewer, he turned on his video, so I
think he'll have an adequate response to that question.
Phil Olbrechts: Okay. All right. Let me just, before we get to him, ask you one final last question.
You said safe walking conditions to the schools, does that mean there's
sidewalks that connect the townhome project, all the school bus stops that
would be in the area?
Angela Weihs: Yes. So the location for the school bus stops for this particular site are identified
in the staff report, and there is existing sidewalks that run between ... The
proposed development runs south to that bus stop.
Phil Olbrechts: Okay. All right. Thanks [inaudible]. All right, Mr. Sippo. Let me swear you in real
quick. Do you swear or affirm to tell the truth, nothing but the truth in this
proceeding?
Michael Sippo: I do.
Phil Olbrechts: Okay. All right, go ahead. Yeah, if you can answer my question about the
calming devices.
Michael Sippo: Yes. So in coordination with the city's transportation department, the greenway
and bicycle routes is a future plan for capital projects in that they just want to
ensure that we have adequate right-of-way and street width in order to install
those facilities in the future.
Phil Olbrechts: Okay. All right. So you don't see any benefit in installing any traffic-calming
devices at this time as part of the proportionate share for this development
project, or would that just not make sense to do it in a piecemeal way like that?
Michael Sippo: Correct. Due to how little frontage that the project has, striping 50 feet of bike
lane or something along those lines wouldn't be pretty.
Phil Olbrechts: That would make no sense. Okay, okay.
Michael Sippo: [inaudible], yeah.
Phil Olbrechts: Great. Okay, thank you. All right. Well, let's move on then to applicants. Did do
the applicants have any comments they wanted to share at this point? You don't
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have to, but now is your opportunity. I see Chad unmuted yourself. Sir, can you
state your name for the record and how to spell your last name?
Chad Allen: Chad Allen, A-L-L-E-N. I'm with Encompass Engineering & Surveying.
Phil Olbrechts: Okay. Let me swear in, Mr. Allen. Do you swear or affirm to tell the truth and
nothing but the truth in this proceeding?
Chad Allen: Yes, I do.
Phil Olbrechts: All right. Okay, go ahead.
Chad Allen: I just want to take the time to thank staff for working with us on this project,
and it's been a challenging one with the critical areas, and it's a tight site, and
they've been great to work with. The presentation that was given, we accurately
reflects the project and the process that we went through. We've reviewed the
conditions of approval, and we don't have any issues with them.
Phil Olbrechts: Okay, great. Thanks, Mr. Allen. Is that-
Chad Allen: [inaudible]. I just want to say if there's any further questions as far as the
project, we're here to try and answer those. So thank you for your time as well.
Phil Olbrechts: Thank you. Okay. Well, I guess now we'll move on to the public comment
portion of the hearing. Ms. Cisneros, do you see any members of the public out
there at this point?
Jenny Cisneros: It does not look like there is any other members of the public.
Phil Olbrechts: Okay. Let me just give you all a chance there. If there are any members out in
the public right now, just go ahead and unmute yourself if you want to say
something or raise your virtual hand. That's the button at the bottom of screen.
I don't see any takers there. As I said before, if you somehow are able to watch
this but are unable to say anything or figure out how to say anything, go ahead
and call them Ms. Cisneros there at her number (971) 217-9357, or send her an
email. Also, I will leave the record open until 5:00 PM tomorrow in case
someone due to technical problems, and it's only because you couldn't
participate because of technical problems, you'll have an opportunity to send
some written comments then, and I'll give the sitting applicant a chance to
respond to those.
All right. So I see no takers for public comment. Ms. Weihs, it doesn't look like
there's any need for rebuttal. Did you have any comments you wanted to make?
Angela Weihs: No, I appreciate his words. So thank you.
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Phil Olbrechts: Okay, fantastic. Yeah, it looks like a very well-reviewed and designed project,
and I shouldn't have any trouble, I think, approving it. I still have to read in
further detail some of the critical area studies, that kind of thing, but I'm pretty
confident that it'll turn out okay. So I'll be likely to be able to issue that
approval, then, within the next couple of weeks, and I appreciate all you
participating this morning.
So have a great day. We're adjourned for this morning. Bye.