HomeMy WebLinkAboutFinal Decision Ltr & Decision �
Denis Law Mayor
�
City Clerk-Jason A.Seth,CMC
May 24, 2017
Jamie Schroeder
CPH Consultants
11431 Willows Rd NE, 120
Redmond, WA 9805Z
Subject: REVISED CONTACTS: Hearing Examiner's Recommendation
RE: Meadow Vue Preliminary Plat, LUA-17-000106
Dear Mr. Schroeder:
The City of Renton's Hearing Examiner has issued a Final Decision dated May 23, 2017.
This document is immediately available:
• Electronically online at the City of Renton City Clerk Division website at
wUrw.renton�va.gav/cityclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
• To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055
South Grady Way, between 8 am and 4 pm. Ask for the project file by the above
project number; and
• For purchase at a copying charge of$0.15 per page. The estimated cost for the
Hearing Examiner pocuments is$3.15, plus a handling and postage cost (this cost
is subject to change if documents are added).
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
If you have any further questions, you can email Jason Seth, City Clerk, at (425) 430-
6510 or jseth@rentonwa.gov.
Sincerely,
�c:�,
. �
Jason A. Seth, C C
Cit�r Clerk
cc: Hearing Examiner
Alex Morganroth,Associate Planner
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Clark Close,Senior Planner
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Secretary, Planning Division
Julia Medzegian, City Council Liaison
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 �
10 �� MeadowVue )
) FINAL DECISION
11 Preliminary Plat �
LUA17-000106,ECF, PP, MOD �
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SUMMARY
15
16 The applicant requests preliminary plat approval for a 14-lot residential subdivision on 4.54 acres of
land located at 13833 156t" Avenue SE with a street modification. The preliminary plat is approved
1� with conditions.
18 TESTIMONY
19
Note: The following is a summary of testimony provided for the convenience of the reader only
20 and should not be construed as containing any findings of fact or conclusions of law. The focus
upon or exclusion of any particular testimony or hearing evidence in this summary is not
21 reflective of the priority or probative content of any particular hearing evidence and no
22 assurance is made as to accuracy.
23 Staff Testimony
24 Alex Morganroth, Associate Planner, City of Renton described the project. In response to examiner
questions,Mr.Morganroth stated the City's recommended condition of approval regarding landscaping
25 would not reduce the proposed number of lots. He stated the adjacent unincorporated King County land
26 was within the City's Urban Growth Area and would eventually be annexed. He noted the proposed
jersey blocks at the terminus of the newly paved portion of 154th Avenue SE should block commuter
PRELIMINARY PLAT - 1
1 traffic. The Fire Department has granted a variance to the emergency access requirements in lieu of
sprinkler systems in each of the houses. The proposed street modifications for 156t" Avenue SE meet
2 the existing profile and have been approved by Public Works.
3
Mr. Morganroth described the nature of the public comments received by the City. Comments were
4 related to the potential for cut through traffic going around the jersey barriers at the end of the paved
portion of 154th Avenue SE and across the site to 156t� Avenue SE, the need for a signalized
5 intersection, drainage from the site along the culvert on the unpaved portion of 154th Avenue SE and
tree retention.
6
� Applicant Testimony
g Matt Hough, CPH Consultants, stated he thought the applicant had responded to all of the City's
concerns and approved of the City's recommended conditions of approval.
9
10 Public Testimony
11 Claudia Donnelly expressed concerns regarding the number of retained trees and stated she felt the
City did not properly enforce tree retention provisions during or after the construction phases. She
12 presented a series of photos from developments around Renton (Ex. 33). Ms. Donnelly also expressed
concern about the design and adequacy of the proposed stormwater treatment facility. Ms. Donnelly
13 Was concerned about construction activities taking place after hours. Finally, Ms. Donnelly stated the
14 City does not enforce its silt fencing provisions.
15 Marvin Bettes lives southwest of the proposed subdivision. He expressed concerns 154t" Avenue SE
would be used as a cut through route. He stated the jersey barriers would not keep people from driving
16 around them and then using Road A through the new subdivision to get to 156t" Avenue SE. 156tn
Avenue SE has a lot of congestion. He noted his home had flooded a couple of times due to sheet flow
1� from the project site. He hopes the new stormwater pond will alleviate this issue. He stated the County
1 g does not maintain the pavement or drainage swale for 154th Avenue SE. If the project worsens existing
conditions, what recourse will the neighbors have? He asked where the water from the paved portion
19 of 154th Avenue SE will go. The road was constructed to code in 1977 but then never maintained.
20 Diane Christenson agreed with Mr. Bettes. She'd like to see a jersey barrier blocking Road A to
effectively cut off commuter traffic.
21
22 Norel Hansen agreed with Mr. Bettes and Ms. Christenson. His home currently floods and he's also
concerned about storm drainage. He is concerned about where the water draining from the new
23 pavement on 154t" Avenue Se will go. The existing culvert is getting filled. Water from the new road
may exacerbate an existing problem.
24
25
26 Staff Response
PRELIMINARY PLAT - 2
1 Mr. Morganroth stated the transportation division is fine with a full blockade of 154th Avenue SE,
however, they want to make sure they don't block the driveway to the south. The applicant will be
2 required to work with the surrounding property owners during civil review.
3 Vanessa Dolby stated a full barricade would not be a standard practice and reiterated the City does not
4 want to block access for 13929 154th Avenue SE. In response to the examiner, Ms. Dolby stated the
City had never used an electronic gate to block traffic before.
5
Ms. Dolby stated the culvert off unpaved portion of l 54th Avenue SE is in need of repair but that this
6 is not within the City's jurisdiction. According to Mr. Bettes, King County has declared they will not
� maintain the road or the ditch and, in fact, never has. There is no official agreement for maintenance at
this point.
8
With respect to tree retention, Ms. Dolby noted the plat is currently in compliance with City code and
9 will not be granted final plat approval until the landscaping has been installed and inspected.
10 Ms. Dolby stated the City has a hotline to report violations of code, including after-hours construction.
11 Enforcement is compliant driven. The applicant will be reyuired to comply with RMC 4-4-
030(C)(3)(b). Ms. Dolby read the complaint line phone number into the record.
12
Jennifer Henning listed the approved construction hours. She stated the applicant will be required to
13 post bonds to ensure the stormwater facilities are constructed and operated properly. She also further
14 described the street modification which will include construction of a center turn lane on 156t"Avenue
SE at a later date when the overall corridor is completed. The modified street width anticipates future
15 Planned improvements.
16 Ian Fitzgerald stated the project will be required to meet Level 3 stormwater controls rather than the
more standards Level 2 requirements. This was a SEPA mitigation measure. The increased stormwater
1� control will be at a 100-year flood level for forested conditions rather than a 50-year level. As the site
1 g is currently cleared pasture,the new forested conditions requirement should alleviate the current sheet
flow issue. Storm water from new frontage improvements along 154t"Avenue SE will be routed to the
19 project's stormwater pond. Water from the new asphalt will bypass the pond and go into the existing
culvert. The current proposed complies with the City's stormwater regulations. Additional review will
20 occur at the construction permit phase.
21 Applicant Response
22 Jennifer Reiner of DR Horton stated they will coordinate with the neighbors to find an agreeable
23 solution to the issue of potential cut through traffic on 154t�Avenue SE.
24 EXHIBITS
25
Exhibits 2-29 listed on page 2 of the May 9, 2017 Staff Report, in addition to the Staff Report itself
26 (Ex. 1), were admitted into evidence the public hearing. Additional exhibits admitted during the
PRELIMINARY PLAT - 3
1 hearing include:
2 Ex. 30—City of Renton PowerPoint
3 Ex. 31 —Google Maps
Ex. 32—City of Renton Maps
4 Ex. 33 —Donnelly Exhibits
a) Email and handwritten statement, 4/28/17
5 b) Letter response from Attorney General, Ecology Division, 5/3/17
c) Newspaper letter to the editor, Renton Reporter, 3/24/17
6 d) Photographs, undated
7
g FINDINGS OF FACT
9 ProceduraL•
10 1. Ap�licant. DR Horton, 12910 Totem Lake Boulevard NE, Suite 220, Kirkland, WA 98034.
11 2, Hearin�. The Examiner held a hearing on the subject application on May 9, 2016 in the City
IZ of Renton Council Chambers.
13 3. Project Description. The applicant is requesting Preliminary Plat approval, SEPA
Environmental Review, and a street modification in order to subdivide a 4.54-acre property into 14
14 lots for the future construction of single-family residences. The project site is located in the
15 Residential-4 (R-4)zoning designation. The proposed single-family residential lots range in size from
9,633sf to 11,313sf feet with a proposed net density of 3.73 dwellings per acre. One existing single-
16 family dwelling will be removed, along with the associated accessory structures. Additional proposed
1� improvements include a storm water tract in the southwest corner of the site along the 154th Ave SE
frontage. The proposed lots will be served by a new public residential access street that will connect
1 g 154th Ave SE with 156th Ave SE. A Modification from the City's street standards (RMC 4-6-060) is
19 reyuested to reduce the required ROW dedication from 15.5 feet to 5.5 feet.
20 No critical areas have been mapped on the project site.
�l There are approximately 35 significant trees located on the project site. The applicant is proposing to
22 retain a total of nine (9)trees. Approximately 10,000 cubic yards of material would be cut on-site and
approximately 12,000 cubic yards of fill is proposed to be brought into the site.
23
The project site is completely surrounded by low density single family development. Properties on all
24 sides, including the subject, have a Residential Low Density Comprehensive Plan Land Use
25 Designation. Properties to the north and east are zoned Residential-4 du/ac(R-4) in Renton. Properties
to the south and west are zoned King County R-6.
26
PRELIMINARY PLAT - 4
1 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
2 infrastructure and public services as follows:
3 A. Water and Sewer Service. Water service will be provided by King County Water District
No. 90. The Applicant provided a Certificate of Water Availability(Ex. 28). Sewer will be
4 provided by the City of Renton. The proposed sewer layout is appropriately designed to
5 serve the development and conforms to all requirements in City code. The on-site septic
system serving the existing home should be abandoned in accordance with King County
6 Department of Health regulations and Renton Municipal Code.
7
The approved water plans from SCWSD should be provided to the City at the utility
g construction permit stage.Any new hydrants shall be installed per Renton's fire department
9 standards to provide the required coverage of all lots. An approved water plan from King
County Water District 90 should be provided to the City at the utility construction permit
10 stage.
11
B. Police and Fire Protection. Police and Fire Prevention staff indicate that sufficient
12 resources eacist to furnish services to the proposed development; subject to the condition
13 that the applicant provides code required improvements and fees. Fire impact fees are
applicable at the rate of$718.56 per single family unit. This fee is paid at time of building
14 permit issuance. Credit will be granted for the one existing home, which is slated to be
15 demolished.
16 A variance request was submitted to the Renton Fire Authority in order to allow for the
1� sprinkling of all proposed residential structures in lieu of providing a full 90-foot diameter
cul-de-sac turnaround, as required for dead end streets exceeding 300 feet (RMC 4-6-
18 060.H). The Renton Fire Authority approved the variance on April 3, 2017 (Ex. 17). As
19 such,the proposed new Road A would end at the point it intersects with 154th Ave SE with
no temporary cul-de-sac turn around.
20
C. Draina�e. Drainage will be adequately addressed. According to staff and public testimony,
21 there is currently a flooding issue to the southwest of the subject site. This flooding may
22 be caused by sheet flow from the subject site, which is currently cleared pasture land. The
MDNS condition requiring Level 3 Flow Control standards for flow control equivalent to
23 a 100-year flood in pre-development forested conditions should improve drainage over
24 existing conditions.
25 The applicant submitted a Preliminary Technical Information Report (TIR), prepared by
2C CPH Consultants (dated February 6, 2016; Ex. 12). According to the TIR, the project is
PRELIMINARY PLAT - 5
1 required to provide Basic Water Quality treatment in addition to Level 3 Flow Control per
2 current City of Renton surface water standards, including recent adoption of the 2017
Renton Surface Water Design Manual (RSWDM). Water quality storm volumes are
3 proposed to be treated with a combined detention and water quality pond in the southwest
4 corner of the site.A series of onsite catch-basin inlets and underground pipes would collect
and convey surface water runoff westerly within proposed road right-of-way for the
5 majority of the developed site to the combined detention and water quality pond for flow
6 control. Release rates would be controlled by a control riser and discharged to an existing
ditch located southwest of the site, on the east of 154th Ave SE right of way. A portion of
7 the runoff along 154th Ave SE and 156th Ave SE will be bypassed due to the existing
g topography and grade of the roads.To offset the detained and untreated area,the site would
be treating runoff from a portion of previously untreated pavement along 156th Ave SE.
9
The project is subject to the on-site Best Management Practices(BMP)reyuirements found
10 in Core Reyuirement#9. According to the TIR, neither full dispersion nor full infiltration
11 are feasible due to poor soil characteristics and insufficient flow paths. In addition,
secondary and tertiary-level BMP such as rain gardens,bioretention, permeable pavement,
12 � and basic dispersion were evaluated and deemed infeasible due to the poor soil infiltration
13 characteristics and the expectation of perched ground water on the site. However,
according to City Staff, basic dispersion may be a viable BMP for some lots. Feasibility of
14 on-site BMP would be evaluated at the time of building permit review. The applicant has
15 proposed Level 3 Flow control pursuant to the RSWDM that would result in the site run
off matching the 100-year flood peak flows.
16
1� The stormwater pond and pond access should be provided as per the City Amendments.
The final plans and drainage report, based on the requirements mentioned in the City of
Ig Renton Amendments to the 2017 RSWDM, are required to be submitted with the utility
19 construction permit.
20 A Construction Stormwater General Permit from Department of Ecology will be required.
21 A Stormwater Pollution Prevention Plan (SWPPP) is also required for this site.
22 D. Parks/Open Space.A Park Impact Fee would be required for the future houses. The current
23 Park Impact Fee is assessed at $2,'740.07 per single family residence. The fee is payable at
the time of building permit issuance. As conditioned, the proposed plat complies with the
24 Residential Design and Open Space Standards.
25
E. Streets. The proposed development fronts 156t"Avenue SE, a minor arterial road and 154tn
26 Avenue SE, a residential access road that is discontinuous adjacent to the subject site.
PRELIMINARY PLAT - 6
1 Primary access to the site would be provided via a new proposed Residential Access Road
2 from on 156th Ave SE (Ex. 2).
3 156th Ave SE is classified as a Minor Arterial Road with an existing right of way (ROW)
4 width of approximately 60 feet. RMC 4-6-060 requires a minimum ROW width of 91 feet
for a Minor Arterial Road. Therefore, in order to construct the standard road profile with
5 travel lanes, curb, landscaping, sidewalks and a bike lane, the applicant would need to
6 dedicate an additional 15.5 feet and construct half street improvements. However,the City
of Renton Transportation Department's plan for 156th Ave SE does not conform to the
7 standard Minor Arterial Road profile and instead only reyuires a total right of way width
g of 71 feet, which would only require only a 5.5-foot dedication from the applicant. The
applicant has submitted a request for a street modification to reduce the width of the RO W
9 dedication from 15.5 to 5.5 feet.
10 The City's Public Works Transportation Section and Economic Development Division
11 have reviewed the 156th Avenue SE corridor and the surrounding area and have determined
that a modified minor arterial street section is suitable for the section of 156th Avenue SE
12 adjacent to the site. The roadway section in front of the proposed development is directly
13 adjacent to existing single family residences. Staff determined that insufficient space exists
between the ROW and existing homes to expand the roadway section to meet the minor
14 arterial street standards. The modified street section would meet the objectives of safety,
15 function and appearance as intended by the code and sound engineering judgment.
Additionally, no adverse impacts to other properties are anticipated from approval of the
16 modification request.
17
154th Ave SE, located along the west property line, is classified as a Residential Access
18 Road with approximately 60 feet of ROW. The minimum ROW width for this road
19 classification is 53 feet, therefore there is no need for additional ROW dedication. As no
existing paved roadway exists for 154th Ave SE, a 20-foot paved half-roadway section is
20 required along the project side of 154th Ave SE with a new curb line set 13 feet east of the
2� center of the ROW. Frontage improvements will include a 0.5-foot wide curb, 8-foot wide
planter, and 5-foot wide sidewalk along the project side of the roadway.
22
23 The applicant has proposed a new Residential Access Road through the subdivision (Road
A). The applicant is proposing a cross-section that includes a ROW width of 53 feet with
24 26 feet of pavement, 8-foot wide landscaped planters, 5-foot wide sidewalks, and 0.5-foot
25 wide curbs. The roadway would provide two (2) 10-foot travel lanes and one (1) 6-foot
parking lane.
26
PRELIMINARY PLAT - 7
1 Street lighting is required per RMC 4-6-060I. In general, pedestrian lighting for sidewalks
2 and pathways shall be installed between intersections along streets and at intersection
corners for residential streets. Arterial lights would also be required on 156th Ave SE. A
3 lighting plan shall be submitted to,and approved by,the Current Planning Project Manager
4 and the Plan Reviewer prior to construction permit approval.
5 F. Tree Retention. The applicant is retaining an appropriate number of significant trees. The
6 property is covered primarily with actively grazed. Several larger trees are located around
the project site, including 35 significant trees (Ex. 5 and 14). Seven(7)of the 35 trees were
7 classified as poor or dangerous and twelve(12)trees were located within the proposed road
g network.The net number of significant trees for this development is 16 trees.The minimum
tree retention requirement is thirty percent (30%) in the R-4 zone, or five trees for this
9 property. After street deductions, the applicant is proposing to retain nine (9) of the
potential 16 healthy trees. All retained trees (i.e., protected trees) would be required to be
10 protected during construction pursuant to RMC 4-4-130.
11
The applicant is proposing to replant the subdivision with 47 new. Where there is
12 insufficient ROW space or no public frontage, street trees are required in the front yard(s).
13 According to the preliminary landscape plan submitted by the applicant, no lots in the plat
would be in compliance with the minimum tree density requirement. A condition of
14 approval will require the applicant to add additional trees to each lot in order to meet the
15 minimum tree density reyuirement.The minimum tree density would be verified at the time
of the final detailed landscape plan.
16
1� G. Landscapin� As proposed, the conceptual landscape plan does not comply with the
required 15-foot perimeter landscaping around the storm detention facility (Ex. 5). The
1 g proposed landscape plan includes an 8-foot wide planting strip between the sidewalk and
19 curb along Road A, an 8-foot wide planting strip between the sidewalk and curb along
154th Ave SE,and an 8-foot wide planting strip between the sidewalk and curb along 156th
20 Ave SE. In addition, 10 feet of on-site landscaping along all street frontages and 15 feet of
21 landscaping around the perimeter of the Storm pond is required. As proposed,the east side
of the storm tract does not have the required 15-foot landscaping. A condition of approval
22 will reyuire the applicant to submit a final detailed landscape plan demonstrating
23 compliance with RMC 4-8-120 and RMC 4-4-070. The landscaping plan shall be approved
by the Current Planning Project Manager prior to issuance of the construction permits.
24
25 As proposed the Storm Tract perimeter landscaping would be maintained by the
subdivision. A condition of approval will require the applicant to create a Home Owners
26 Association ("HOA") that maintains all landscaping in the Storm Tract and any and all
PRELIMINARY PLAT - 8
1 other common improvements. A draft of the HOA documents shall be submitted to, and
2 approved by,the City of Renton Project Manager and the City Attorney prior to Final Plat
recording. Such documents shall be recorded concurrently with the Final Plat.
3
4 H. Parkin�. Sufficient area exists, on each lot, to accommodate off-street parking for a
minimum of two (2)vehicles. This is typically achieved by providing a two (2) car garage
5 for each single-family home. In addition, the new residential access street (Road A) will
6 provide one (1) 6-foot parking lane. Compliance with individual driveway requirements
would be reviewed at the time of building permit review.
7
g I. Schools. The Renton School District can accommodate any additional students generated
by this proposal at the following schools: McKnight Middle School and Hazen High
9 School. The elementary school students in the area typically attend, Maplewood Heights,
is currently at capacity. The School District intends to use dispersion of students in order
10 to accommodate new development in the area. In addition, the opening of the Sartori
11 Elementary School in the fall of 2018 may open up additional spots at Maplewood Heights
Elementary School (Ex. 29). Any new students from the proposed development would be
12 bussed to their schools. The stop is located directly across the street from the proposed
13 development at the corner of 156th Ave SE and SE Sth PL Students would cross 156th Ave
SE via the existing crosswalk if the bus is travelling north, and would be able enter or exit
14 the bus directly in front of the development if the bus is travelling south. Students would
15 have safe walking conditions to or from the bus stop regardless of the direction of travel.
16 A School Impact Fee, based on new single-family lots, will be required in order to mitigate
17 the proposal's potential impacts to the Renton School District. The fee is payable to the
City as specified by the Renton Municipal Code. Currently the fee is assessed at$5,543.85
1 g per single family residence.
19
5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed in
20 Finding of Fact No. 4, the proposal provides for adequate infrastructure and is served by adequate
21 public services. There are critical areas on and near the subject site. The project complies with tree
retention requirements. Specific areas of concern expressed in the public testimony are discussed
22 further below.
23 A. Traffic. No impacts to traffic are anticipated. Multiple owners of properties adjacent to or
24 near the project site have submitted comments to staff expressing concerns about the
potential traffic impacts (Ex. 19). 154th Ave SE is no longer maintained by King County
25 and residents are concerned that traffic would attempt to use the road as a shortcut,thereby
increasing the maintenance burden for the existing residents that maintain the road on their
26 own. As depicted on the Plat Plan (Ex. 2), the proposed improvements on 154th Ave SE
PRELIMINARY PLAT - 9
1 would end at the boundary between the City of Renton and incorporated King County near
2 the southwest corner of the project site. An area of existing grass and concrete driveway
lies between the un-maintained gravel section of 154th St Ave SE and the proposed new
3 improvements on the project site. As part of the construction permit review process, staff
4 will evaluate the appropriateness of installing a Type 3 traffic barricade at the southern
terminus of the section of 154th Ave SE located on the project site, in order to prevent
5 traffic from driving over the landscaped area between the gravel section in King County
6 and the future paved section on the project site in order to access 156t"Avenue SE.
7 Gibson Traffic Consultants has calculated that the project would generate a total of 10 new
vehicle trips per hour in the AM peak period and 13 new vehicle trips per hour in the PM
g peak period (Ex. 13). The City does not require Traffic Impact Analyses for developments
9 if both new AM and PM peak period vehicle trips are less than 20. Adequate sight distance
would be provided at the intersection of the proposed new street and 156th Ave SE and the
10 intersection of the proposed new street and 154th Ave SE.
11
It is also anticipated that the proposed project would result in impacts to the City's street
12 system.In order to mitigate transportation impacts,the applicant would be required to meet
13 code-required frontage improvements, City of Renton's transportation concurrency
requirements (Ex. 26) based upon a test of the citywide Transportation Plan and pay
14 appropriate Transportation Impact Fees. Currently,this fee is assessed at$5,430.85 per net
15 new single family home. The fee,as determined by the Renton Municipal Code at the time
of building permit issuance shall be payable to the City.
16
1� It is not anticipated that the proposed project would adversely impact the City of Renton's
street system subject to the payment of code-required impact fees and the construction of
1 g code-required frontage improvements (Ex. 18). The fee, as determined by the Renton
19 Municipal Code at the time of building permit issuance shall be payable to the City. In
addition, a final detailed road plan and landscape plan must be submitted and approved
20 prior to issuance of a construction permits.
21
22 Conclusions of Law
23 1. Authoritv. RMC 4-7-020(C)and 4-7-050(D)(5)provide that the Hearing Examiner shall hold
24 a hearing and issue a final decision on preliminary plat applications. Preliminary plat review is a Type
III decision subject to hearing examiner approval.
25
26
PRELIMINARY PLAT - 10
1 2. Zonin�/Comprehensive Plan Desi�nations. The subject property is zoned Residential-4
2 dwelling units per net acre (R-4). The comprehensive plan map land use designation is Residential
Low Density.
3
3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable
4 standards are yuoted below in italics and applied through corresponding conclusions of law.
5 Preliminary Plat
6 RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability:
7
1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning
8 Code.
9 2. Access: Establish access to a public road for each segregated parcel.
10 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat rraay be
ll 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
12 noted on the ftnal plat.
13 4. Draina e: Make ade uate rovision or draina e wa s streets alle s, other ublic wa s,
g R' P .� S Y , � Y P Y
14 water supplies and sanitaYy wastes.
15 4. As conditioned,this criterion is satisfied,as detailed by staff at pages 11-15 of the Staff Report,
which is adopted and incorporated by this reference as if set forth in full. There are no critical areas
16 on site. As noted in Finding of Fact No. 4(G), conditions of approval will require the applicant to
1'7 submit a final detailed landscape plan demonstrating compliance with RMC 4-8-120 and RMC 4-4-
070 and the creation of a Home Owners Association ("HOA") that maintains all landscaping in the
18 Storm Tract and any and all other common improvements. W ith respect to street layouts and pedestrian
19 amenities, conditions of approval will require a street lighting. With respect to tree retention and
density (FOF No. 4(F)), the proposal will retain an adequate number of significant trees. A condition
20 of approval requires the applicant to provide a final detailed landscape plan identifying compliance
21 with tree density requirements. Primary access to the development would be via a managed public
road access from 156th Avenue SE with secondary, but blocked, access from 154'h Avenue SE. As
22 noted in Finding of Fact No. 5, no adverse impacts are anticipated. As determined in the Finding of
23 Fact No. 4, and as conditioned,the proposal makes adequate provision for drainage, streets, water and
sewer.
24
RMC 4-7-080(I)(1): ...The Hearing Examiner shall assure conformance with the general purposes
25 of the Comprehensive Plan and adopted standards...
26
PRELIMINARY PLAT - 11
1 5. The proposed preliminary plat is consistent with the Renton Comprehensive Plan as outlined
2 on pages 4-5 of the staff report, which is incorporated by this reference as if set forth in full.
3 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
4 oY street(according to City specifications) to an existing street or highway.
5 6. Primary access to the development would be via a new residential access road intersecting
6 156t�Avenue SE.
� RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the
Clry.
8
9 7. The internal road, Road A will connect to 156th Avenue SE on the east and 154th Avenue SE
on the west. Access from the west would be blocked to discourage cut through traffic over the
10 unmaintained portion of 154th Avenue SE. As noted in Finding of Fact No. 4(B), the Renton Fire
Department has approved a modification to allow the applicant to install fire sprinklers in each home
11 in lieu of the required fire access turnaround.
12
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed[sicJ trail,
13 provisions shall be made for reservation of the right-of-way or for easements to the City for trail
14 purposes.
15 g• The staff report and administrative record do not identify any officially designated trail in the
vicinity.
16
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
1� with the following provisions:
1 g 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision
19 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 rockformations). Land
20 which the Department or the Hearing Examiner considers inappropriate for subdivision shall
2� not be subdivided unless adequate safeguards are provided against these adverse conditions.
22 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
23 must have the approval of the State according to chapter 86.16 RCW before the
24 Department and the Hearing Examiner shall consider such subdivision.
25 b. Steep Slopes:A plat, short plat, subdivision or dedication which would result in the
26 creation of a lot or lots that primarily have slopes forry percent(40%) or greater as
PRELIMINARY PLAT - 12
1 measured per RMC 4-3-OSOJla, without adequate area at lesser slopes upon which
2 development may occur, shall not be approved.
3 ���
4 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and
Land Clearing Regulations.
5
4. Streams:
6
� a. Preservation: Every reasonable effort shall be made to preserve existing streams,
bodies of water, and wetland areas.
8
b. Method.•If a stream passes through any of the subject property, a plan shall be
9 presented which indicates how the stream will be preserved. The methodologies used
10 should include an overflow area, and an attempt to rrainimize the disturbance of the
natural channel and stream bed.
11
c. Culverting: The piping or tunneling of water shall be discouraged and allowed
12 only when going under streets.
13 d. Clean Water: Every effort shall be made to keep all streanzs and bodies of water
14 clear of debris and pollutants.
15 9. As discussed in Conclusions of Law No. 4,the land is suitable for development. The property
is not designated as a floodplain and no adverse impacts to critical areas are anticipated.
16
17 As discussed in Finding of Fact No. 4(F), the City's adopted Tree Retention and Land Clearing
Regulations require the retention of 20 percent of trees in a residential development. The site contains
18 16 significant trees, of which the applicant proposes to retain nine, eacceeding the City's reyuirement.
19 RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi family
ZQ 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 Ciry, all as necessary to mitigate the adverse
21 effects of development upon the existing park and recreation service levels. The requirements and
22 procedures for this mitigation shall be per the Ciry of Renton Parks Mitigation Resolution.
23 10. The developer will pay the City's required Park and Recreation Impact fees. The fee is payable
at the time of building permit issuance.
24
RMC 4-7-150(A): The proposed street system shall extend and create connections between existing
25 streets unless otherwise approved by the Public Works Department. Prior to approving a street system
26 that does not extend or connect, the Reviewing Official shall find that such exception shall meet the
PRELIMINARY PLAT - 13
l requirernents of subsection E3 of this Section. The roadway class�cations shall be as defined and
2 designated by the Department.
3 11. The internal road, Road A will connect to 156th Avenue SE on the east and 154th Avenue SE
on the west. The applicant will pave a discontinuous portion of 154th Avenue SE.
4
RMC 4-7-150(B): All proposed street names shall be approved by the City.
5
12. As conditioned.
6
� RMC 4-7-150(G): Streets intersecting with existing oN proposed public highways, major or
secondary arterials shall be held to a minimum.
8
13. As proposed, there will be a single street intersection with 156th Avenue SE.
9
RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Public TVorks
10 Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street
11 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
12 measures.
13 14. As discussed in Finding of Fact 4, the Public Works Department has reviewed and approved
14 the street alignment.
15 RMC 4-7-150(E):
16 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 perrrtitted by this Section.
17
j g 2. Linkages: Linkages, including streets, sidewalks,pedestrian or bike paths, shall be
provided within and between neighborhoods when they can create a continuous and
19 interconnected network of roads and pathways. Implementation of this requirement shall
comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9
20 through T-16 and Community Design Element, Objective CD-Mand Policies CD-50 and
CD-60.
21
22 3. Exceptions:
23 a. The grid pattern may be adjusted to a `flexible grid" by reducing the number of
linkages or the alignment belween roads, where the following factors are present on
24 site:
25 i. Infeasible due to topographical/environmental constraints; and/or
26
ii. Substantial improvements are existing.
PRELIMINARY PLAT - 14
1
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that
2 link existing portions of the grid system shall be made. At a minimum, stub streets shall be
3 required within subdivisions to allow future connectiviry.
4 S. Alley Access:Alley access is the preferred street pattern except for properties in the
Residential Low Density land use designation. The Residential Low Density land use
5 designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley
access, the Reviewing Official shall evaluate an alley layout and determine that the use of
6 alley(s) is notfeasible...
7
6. Alternative Configurations: Offset or loop roads are the preferred alternative
g configurations.
9 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official
10 where due to demonstrable physical constraints no future connection to a larger street
pattern is physically possible.
11
15. The project provides a grid connection by connecting the internal road,Road A to 156t"Avenue
12 SE and 154th Avenue SE. South of the project, 154�h Avenue SE is unmaintained and substandard.
13 North of the project, 154th Avenue SE is discontinuous. The applicant will be required to install
pavement and half street improvements to 154�h Avenue SE along the project frontage. The
14 unmaintained existing portion is located in unincorporated King County in the Renton UGA. At some
15 point in the future, 154�" Avenue SE may be completed and brought up to current standards. The
provision of half street improvements by the proposal allows for future road connections. As this road
16 is currently unmaintained and discontinuous,the City will require the developer to block access to the
1� newly paved portions of 154t"Avenue SE until the road is ready to be completed and connected to the
City's existing street network.The proposed project includes the installation of frontage improvements
18 along the public street frontages, including sidewalks.
19 RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat,
20 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
21 Works Administrator or his/her designee.
�� 16. As discussed in Finding of Fact No. 4(E), the applicant has requested a street modification to
23 reduce the width of the ROW dedication adjacent to 156t"Avenue SE from 15.5 to 5.5 feet. The City's
Public Works Transportation Section and Economic Development Division have reviewed the 156th
24 Avenue SE corridor and the surrounding area and have determined that a modified minor arterial street
25 section is suitable for the section of 156th Avenue SE adjacent to the site as it conforms to future plans
for the corridor. The modified street section would meet the objectives of safety, function and
26 appearance as intended by the code and sound engineering judgment.Additionally,no adverse impacts
PRELIMINARY PLAT - 15
1 to other properties are anticipated from approval of the modification request.No additional dedication
2 is needed to construct half-street improvements at 154th Avenue SE to comply with City development
standards.
3
RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be
4 required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot
5 shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be
required in certain instances to facilitate future development.
6
17. There are no further street extensions possible for the proposed subdivision.
7
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
g to curved street lines.
9 18. The lots are generally rectangular in shape with minimal variations in size.All lots are oriented
10 to Road A. The building design of the new residences would be reviewed and approved at the time of
building permit application.
11
12 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.
13
19. As previously determined, each lot has access to a public street or road.
14
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimunz area and width
15 requirements of the applicable zoning classification and shall be appropriate for the type of
j 6 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
1� requirement as measured within the plat as a whole.
1 g 20. As previously determined,the proposed lots comply with the zoning standards of the R-4 zone,
19 Which includes area, width and density.
20 RMC 4-7-170(D): YVidth between side lot lines at their foremostpoints (i.e., the points where the side
21 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
22 feet(20) and(2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be
23 a minimum of thirty-five feet (35).
24 21. As shown in Ex. 2, the requirement is satisfied.
25 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(1 S).
26
PRELIMINARY PLAT - 16
1 22. As proposed.
2 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
3 watercourses, and similar community assets. Such natural features should be preserved, thereby
adding attractiveness and value to the property.
4
23. As discussed in Finding of Fact No. 5 there are no critical areas on site.There are no significant
5 natural features community assets. There are no streams on-site. Significant trees are proposed for
6 retention, where feasible on-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
g cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
9 eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
10
24. As proposed. The proposed sewer layout is appropriately designed to serve the development
1� and conforms to all requirements in City code. The on-site septic system serving the existing home
12 should be abandoned in accordance with King County Department of Health regulations and Renton
Municipal Code.
13
14 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
15 sufficient length to permit full-width roadway and required slopes. The drainage system shall be
16 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
17 detention capacity for future development of the lots. Water quality features shall also be designed to
1 g provide capacity for the new street paving for the plat.
19 25. The proposal, as conditioned, provides for adequate drainage that is in conformance with
applicable City drainage standards as determined in Finding of Fact No. 4(C). The final plans and
2� drainage report, based on the requirements mentioned in the City of Renton Amendments to the 201�
21 RSWDM, are reyuired to be submitted with the utility construction permit.
22 A Construction Stormwater General Permit from Department of Ecology will be required. A
Stormwater Pollution Prevention Plan (SWPPP) is also required for this site.
23
RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be
24 designed and installed in accordance with City standards as defined by the Department and Fire
25 Department requirements.
26
PRELIMINARY PLAT - 17
1 26. As proposed (Ex. 7). As noted in Finding of Fact No 4(B), the applicant has requested a
2 variance to allow for the sprinkling of all proposed residential structures in lieu of providing a full 90-
foot diameter cul-de-sac turnaround, as required for dead end streets exceeding 300 feet (RMC 4-6-
3 060.H). The Renton Fire Authority approved the variance on April 3, 2017 (Ex. 17).
4 RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
5 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
6 connections, as approved by the Department. Such installation shall be completed and approved prior
� to the application of any surface material. Easements may be required for the maintenance and
operation of utilities as specified by the Department.
8
27. A condition of approval will require all proposed utilities will be underground (Ex. 7) and
9 constructed in a manner which will permit the planting of trees.
10 RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
11 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
12 improvements when such service connections are extended to serve any building. The cost of
13 �"enching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The subdivider
14 shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final
15 8�'ound elevation and capped. The cable TV company shall provide maps and specifications to the
subdivider and shall inspect the conduit and cert�to the City that it is properly installed.
16
28. As conditioned.
17
18 RMC 4-7-210:
19 A. MONUMENTS:
2 p 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
21 shall be per the Ciry of Renton surveying standards.
22 B. SURVEY.�
23
All other lot corners shall be marked per the City surveying standards.
24
C. STREET SIGNS:
25
The subdivider shall install all street name signs necessary in the subdivision.
26
PRELIMINARY PLAT - 18
1 29. As conditioned.
2 Street Modification
3 RMC 4-9-250(D)(2): Whenever there are practical difficulties involved in carrying out the provisions
4 of this Title, the Department Administrator may grant modifications for individual cases provided
he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the
5 intent and purpose of the governing land use designation of the Comprehensive Plan is met and that
the modification is in conformity with the intent and purpose of this Code, and that such modification:
6
� a. Substantially implements the policy direction of the policies and objectives of the Comprehensive
Plan Land Use Element and the Community Design Element and the proposed modification is
g the minimum adjustment necessary to implement these policies and objectives;
b. Will meet the objectives and safety, function, appearance, environmental protection and
9 maintainability intended by the Code requirements, based upon sound engineering judgment;
c. Will not be injurious to other property(ies) in the vicinity;
10 d. Conforms to the intent and purpose of the Code;
11 e. Can be shown to be justified and required for the use and situation intended,• and
f. Will not create adverse impacts to other property(ies) in the vicinity.
12
30. The criterion above are met for the requested modification to RMC 4-6-060 for the reasons
13 identified in Finding of Fact No. 4(E). The City can create adequate right of way, sidewalks,
landscaping and curbs with the reduced right of way dedication. The City's Public Works
14 Transportation Section and Economic Development Division have reviewed the 156th Avenue SE
15 corridor and the surrounding area and have determined that a modified minor arterial street section is
suitable for the section of 156th Avenue SE adjacent to the site. The roadway section in front of the
16 proposed development is directly adjacent to existing single family residences. Staff determined that
insufficient space exists between the ROW and existing homes to expand the roadway section to meet
17 the minor arterial street standards. The modified street section would meet the objectives of safety,
function and appearance as intended by the code and sound engineering judgment. Conditions of
1 g approval will require the undergrounding of utilities and compliance with City standards for all street
19 lighting.No adverse impacts are anticipated from the proposed modification.
20
DECISION
21
The proposed preliminary plat is approved, subject to the following conditions:
22
23 1. The applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated April 14, 2017.
24
2. The applicant shall obtain a demolition permit and complete all required inspections for the
25 removal of the existing single family residence and accessory structures prior to Final Plat
recording.
26
PRELIMINARY PLAT - 19
1 3. The applicant shall provide a minimum of ten feet(10')of on-site landscaping along all public
street frontages. A final detailed landscape plan consistent with RMC 4-8-120 shall be
2 submitted to and approved by the Current Planning Project Manager prior to issuance of a
3 construction permit.
4 4. The applicant shall provide a fifteen foot (15') landscaped area around the entire detention
pond in the Storm Tract. A final detailed landscape plan consistent with RMC 4-8-120 shall
5 be submitted to and approved by the City of Renton Project Manager prior to issuance of a
construction permit.
6
� 5. The applicant shall comply with the minimum tree density requirements on all lots. A final
detailed landscape plan shall be submitted identifying compliance with tree density
g reyuirements for review and approval by the City of Renton Project Manager prior to issuance
of a construction permit.
9
10 6. A street lighting plan shall be submitted at the time of construction permit review for review
and approval by the City's Plan Reviewer prior to issuance of a construction permit.
11
7. The applicant shall ensure the installation of sprinkler systems in all future homes on the plat,
12 as conditioned in the variance granted by the Renton Fire Authority on Apri13, 2017,and shall
record this condition on the face of the final plat.
13
14 g• The applicant shall create a Home Owners Association ("HOA") that maintains all
improvements and landscaping in the Storm Tract and any and all other common
15 improvements. A draft of the HOA documents shall be submitted to, and approved by, the
Current Planning Project Manager and the City Attorney prior to Final Plat recording. Such
16 documents shall be recorded concurrently with the Final Plat.
17 9. All proposed street names shall be approved by the City.
1 g 10. In compliance with RMC 4-7-200(E), cable TV conduits shall be undergrounded at the same
19 time as other basic utilities are installed to serve each lot.
20 11. The applicant shall conform to the surveying, monument and street signage requirements of
RMC 4-7-210.
21
22 12. All proposed utilities shall be underground and constructed in a manner which will permit the
planting of trees.
23
24
25
26
PRELIMINARY PLAT - 20
1
DATED this 23�d day of May 2017.
2
3 � �"
�J� ` Z�.���,�
4
Emily Terr ll
5 City of Renton Hearing Examiner Pro Tem
6
Appeal Right and Valuation Notices
7
g RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
9 to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing examiner may also be filed within this 14-day appeal
10 period as identified in RMC 4-8-110(E)(8)and RMC 4-8-100(G)(4).A new fourteen(14)day appeal
period shall commence upon the issuance of the reconsideration. Additional information regarding
11 the appeal process may be obtained from the City Clerk's Office, Renton City Hall—7t�floor, (425)
12 430-6510.
13 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
14
15
16
17
18
19
20
21
22
23
24
25
26
PRELIMINARY PLAT - 21