HomeMy WebLinkAboutD_HEX_Decision_202302141
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Kennydale Gateway
Master Plan, Hearing Examiner Site Plan,
Substantial Development Permit and Street
Modification
LUA22-000011, SA-M, SA-H, SSDP, MOD
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND FINAL DECISION
Summary
The Applicant has requested approval of Master Plan Review, Hearing Examiner Site Plan Review, a
Shoreline Substantial Development Permit and a street modification for a mixed-use development
composed of 385 dwelling units and 1,500 of retail space for an apartment complex composed of three
four-story buildings to be located at 4350 Lake Washington Blvd N, Renton, WA 98056. 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.
Exhibits
Exhibits 1-67 as identified in the in the staff prepared document entitled “Exhibits” were admitted
into the record during the February 7, 2023 hearing.
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FINDINGS OF FACT
Procedural:
1. Applicant. Lori Obeyesekere, Hensley Lamkin Rachel, Inc., 14881 Quorum Rd, Dallas, TX
75254
2. Hearing. A virtual hearing was held on the subject application at 6:00 pm on February 7, 2023.
Substantive:
3. Project and Site Description. The Applicant has requested approval of Master Plan Review,
Hearing Examiner Site Plan Review, a Shoreline Substantial Development Permit and a street
modification for a mixed-use development composed of 385 dwelling units and 1,500 of retail space
for an apartment complex composed of three four story buildings to be located at 4350 Lake
Washington Blvd N, Renton, WA 98056. The subject property is roughly 7.76 acres. The residential
density of the proposal would result in approximately 50 du/ac. In addition, the redevelopment of the
site would include a combination of 201 surface parking stalls and 185 ground level structure parking
within the buildings. The proposal would be constructed in three (3) phases. Access to the mixed -use
development would be provided by a new roundabout constructed off Lake Washington Blvd N at N
43rd St. A portion of development would occur within the 200-foot shoreline zone of May Creek.
The Applicant is also requesting a street modification from RMC 4-6-060.F.2 to align with WSDOT’s
I-405, Renton to Bellevue Widening and Express Toll Lanes project improvements at the NE 44th
Street Interchange. An alternate street section has been proposed for the portion of Lake Washington
Blvd N that fronts the Kennydale Gateway project.
The subject site is currently developed with impervious surfaces comprising nearly 82 percent of the
total area, leaving limited existing vegetation. The site was initially developed with five (5) light
industrial buildings along with several smaller structures. Three (3) of the industrial buildings have since
been demolished. Two of the buildings were approved for demolition in 2018 (LUA18-000042, ECF).
The remaining three buildings are constructed of prefabricated steel and concrete slabs and will be
demolished for the proposed project. The site is currently being used by Flatiron-Lane Joint Venture
(FUV) as a temporary field office, laydown yard and a staging area for construction equipment and
materials for the 1-405, Renton to Bellevue Widening and Express Toll Lanes project under a Tier II
Temporary Use Permit (LUA19-000318, ECF, TP). The Tier II Temporary Use Permit is set to expire
on April 24, 2025.
4. Surrounding Uses. The site is located approximately 250 feet from the eastern shore of Lake
Washington and on a delta formed by May Creek. The west property line is located along Lake
Washington Blvd N and the east property line is shared with the 1-405 southbound onramp. To the north
is the Quendall Terminals development site and to the north of that is the Seattle Seahawks practice
facility. To the south is the May Creek Greenway and May Creek Trail and to the west across Lake
Washington Boulevard is the Barbee Mill residential development.
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5. Adverse Impacts. There are no significant adverse impacts associated with the project. Adequate
infrastructure serves the site as determined in Finding of Fact No. 6. A State Environmental Policy Act
Mitigated Determination of Non-significance was issued after reconsideration for the project on
November 7, 2023 with eight mitigation measures designed to eliminate significant adverse impacts.
Impacts are more specifically addressed as follows:
A. Compatibility, Structure Placement and Scale. As conditioned, the structure placement and scale
are not expected to create undue adverse impact on the adjacent uses and is designed to protect
privacy and reduce noise for on- and off-site occupants and to maintain compatibility with
existing development and surrounding uses.
The proposed apartment building design includes four-story buildings at approximately 54 feet
in height from the top of the roof to finished grade. The apartment buildings would be some of
the tallest structures in the area; however, the proposed building heights would comply with the
airport overlay, Part 77 horizontal surface height restrictions and would fall within the allowed
10 story height of the COR zone.
The site layout arranges the buildings for internal privacy and noise reduction at the center of
the lot.
The proposal is appropriate for its proposed location. The only single-family development that
is close to the project, the Barbee Mills subdivision, is separated from the project site by Lake
Washington Boulevard and a separated bicycle trail. The remaining surrounding uses are the
vacant land for the future high density, mixed-use development for Quendall Terminals to the
north, I-405 to the west and May Creek Trail Park to the south.
The proposal is also internally compatible and does not create an overconcentration of high
density buildings within the project site. The site plan includes the higher intensity use
(commercial retail) at the project entrance along the public street (Lake Washington Blvd N).
The less intensive uses (residential multi-family and associated uses) are proposed throughout
the remainder of the lot. If all conditions of approval are complied with, the project would
include cohesive transitions between phases with large courtyards, interior roadways, pedestrian
pathways, unique building shapes, and changes to the rooflines to break up the building massing.
These transitions across the development would provide a development pattern that avoids over
scaling and overconcentration of the development in any particular portion of the site.
B. Views/Shoreline Access. No significant obstruction of existing views of natural features are
anticipated, including view corridors to shorelines or Mt. Rainier.
The maximum height of the proposed buildings would be 50 feet. The project site has for years
had five industrial buildings. The remaining two buildings are 22 feet and 20 feet in height
according to the cultural resources report, Ex. 38. To help assess view impacts, the Applicant
submitted photo simulations to its SEPA checklist, Ex. 34, Figures 5-9, depicting how views
would be impacted from four vantage points around the project site. There do not appear to be
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any significant views to the shoreline or Mt. Rainier that are blocked by the new development.
The most significant view blockage would appear to be cars travelling on I-405. However, views
are already currently largely blocked by a line of tall trees located along the eastern perimeter of
the project site and the Barbee Mills development located along the Lake Washington shoreline.
Within the project, view corridors would be created to May Creek and Lake Washington.
The Applicant is enhancing public access to the shoreline by creating a trail connection from the
project site to the May Creek Trail.
C. Noise, light and glare. The proposal will not create any significant noise, light or glare impacts.
Lighting Schematic Design Plans (Exhibit 10) were included with the application materials.
According to the Applicant, lighting would be provided to ensure safety and security and meet
standard codes and requirements. The lighting of the overall development is anticipated to be
consistent with the building design and should consider the critical areas, pedestrian pathways,
and vehicular movement throughout the site. Therefore, a condition of approval requires that the
Applicant submit a final lighting plan with the building permit applications that includes detail
sheets of all light fixtures and their supports. Fixtures and supports shall be pedestrian scaled
and consistent with the design of the site and provide adequate footcandle illumination in
pedestrian areas.
Noise impacts would primarily result from construction activities associated with the project,
primarily for the demolition of the existing buildings, clearing and grading, construction of the
proposed infrastructure improvements, and future construction of the mixed-use buildings
(Exhibits 33 and 34). The construction noise would be regulated through the City's adopted noise
level regulations per Title 8 Chapter 7, RMC. The City's construction standards limit haul hours
between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the
Development Services Division. As the site is within 300 feet of a residential area, permitted
work hours are limited to Monday through Friday between seven o'clock (7:00) a.m. and eight
o'clock (8:00) p.m. Work on Saturdays is restricted to the hours between nine o'clock (9:00) a.m.
and eight o'clock (8:00) p.m. No work is permitted on Sundays. Noise impacts would be
temporary and associated with construction. The City's construction standards are anticipated to
adequately mitigate these impacts. Once the project is completed, no significant long-term noise
impacts are anticipated. The City has a noise ordinance that sets noise limits outside of
construction as well.
D. Screening. As conditioned, unattractive site features will be adequately screened from view and
separated from other uses.
The Applicant did not provide sufficient details of roof or surface mounted equipment and/or
screening identified for such equipment with the land use application. Therefore, a condition of
approval requires the Applicant to submit a special utility and landscape plan set that includes
cross-section details identifying the location and screening provided for all surface and roof top
utility/mechanical equipment and identify how they would be screened from public view. The
Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out
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of public right-of-way view, active common open spaces, and they shall not displace required
landscaping areas.
City regulations require minimum amounts of area devoted to refuse and recycling for
multifamily development, specifically a minimum of one and one-half (1-1/2) square feet per
dwelling unit in multi-family residences shall be provided for recyclables deposit areas, except
where the development is participating in a City-sponsored program in which individual
recycling bins are used for curbside collection. A minimum of three (3) square feet per dwelling
unit shall be provided for refuse deposit areas. A total minimum area of eighty (80) square feet
shall be provided for refuse and recyclables deposit areas. Based on the total number of proposed
units (385), a combined total of 1,732.5 square feet of refuse and recycle deposit area is required.
Per the proposed floor plans, five (5) trash rooms are located throughout the development for
the collection of refuse and recycling. Together the interior refuse and recycle areas totaling
approximately 1,621 square feet (Phase 1 – 694 sf, Phase 2 – 449 sf and Phase 3 – 478 sf).
Garbage truck access for the collection of refuse and recycling areas appears to come from the
parking garage entries at the ground floor. A condition of approval requires that the Applicant
provide a detailed refuse and recycling collection plan.
According to staff testimony, the storage areas for the project will be located indoors and hidden
from exterior view.
E. Fencing and Retaining Walls. Proposed fencing will not create any significant impacts and no
retaining walls are proposed.
The project site plan or civil construction drawings do not denote any existing or proposed
retaining walls within the subject property. Most of the site includes a chain link perimeter fence,
including the site’s shared southern boundary with May Creek Trail Park (Exhibit 34). The
Applicant is proposing a new metal fence along the south side of the property and around the
perimeter of the on-site dog park (Exhibit 2). In addition, a metal fence is located along a portion
of the street frontage improvements along Lake Washington Blvd N. A condition of approval
requires that the Applicant submit a detail fencing plan with the civil construction permit
application that provides material details, height, and location of the fencing within the site. The
fencing shall be consistent, high-quality, commensurate to the materials that are used throughout
the development, and consistent with the shoreline fencing requirements of the code. The fencing
material shall be wood, metal, ornamental, or comparable material as approved by the Current
Planning Project Manager. Chain link fencing shall not be accepted.
F. Natural Features. The proposal will not adversely affect any natural features and will protect the
natural landscape by retaining and enhancing existing vegetation and soils, using topography to
reduce undue cutting and filling, and limiting impervious surfaces.
The majority of the existing parcel is generally void of any meaningful vegetation with the
exception of areas along the right-of-way and shoreline buffer. The shoreline vegetation
conservation buffer, located at the site’s southwest corner, includes little to no vegetation and is
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covered with impermeable surfaces. In an effort to provide a functional lift to the existing
shoreline buffer, the SEPA MDNS includes measures to enhance and reduce loss of existing
vegetation by requiring reducing the pavement width for a portion of the emergency vehicle
access road and require restoration planting onsite within the shoreline buffer. In addition, the
Applicant is proposing to protect the natural landscape by retaining significant trees along the
shoreline buffer.
Soil disruption is minimized for a project of such large scale. The Applicant submitted a
Geotechnical Engineering Design Study, prepared by Hart Crowser, a division of Haley &
Aldrich, dated May 20, 2021 (Exhibit 13) with the master site plan application. The observed
near-surface soil conditions within the central portion of the site (proposed residential building
area) were generally composed of 1 to 2 feet of historical fill over about 15 feet of interlayered,
soft to medium stiff silt and loose to medium dense sand/silty sand with variable amounts of
gravel and trace organics. These soft/loose upper soils appear to extend slightly deeper into the
northern portion of the site (20 to 25 feet below ground surface (bgs)). Below these soft/loose to
medium stiff/medium dense upper soils, historical borings encountered dense to very dense,
interlayered sand, silty sand with gravel, and silty/sandy gravel with cobbles. These dense
underlying soils are interpreted as glacially over-consolidated and considered suitable for
support of deep foundations. The Applicant anticipates approximately 2,880 cubic yards of
excavation and approximately 4,335 cubic yards of fill to support the construction of the
proposed development.
G. Landscaping. Aesthetic, noise, light and privacy impacts will be minimized by existing and
proposed landscaping. As determined by staff, the proposal as conditioned will meet City
landscaping standards and thus provides for adequate landscaping.
The Applicant submitted Landscape Plans (Exhibit 4), a Tree Retention Plan (Exhibit 11), and
an Arborist Report (Exhibit 5) with the application submittal. The existing onsite landscaping
includes relatively small areas of shrub and groundcover species, predominantly along the west
and south property lines. A minimum 15-foot (15’) wide landscape strip is included between the
back of the sidewalk and the proposed buildings along Lake Washington Blvd N. Frontage
improvements along project street frontage would include landscape strips between the curb and
sidewalk.
Existing significant trees onsite include red alder, bigleaf maple, black cottonwood, European
birch, Douglas fir, and black pine with a range of 6 to 35 caliper inches (DBH). The Applicant
is proposing to retain a minimum of six (6) significant trees (Arborist Report) or up to eight (8)
significant trees were proposed to be retained in the landscape plans near the southeast corner of
the property (one (1) bigleaf maple and five (5) to seven (7) red alders). The conceptual
landscape plan illustrates trees, shrubs and ground cover that would be used to enhance the visual
character of the buildings, street frontages, interior roadways, and interior parking areas. The
landscape plan includes 190 replacement trees to be planted throughout the site as part of the
overall development proposal (Exhibits 4 and 11). The proposed new trees would serve as a
visual buffer for the proposed development. In addition, all offsite trees would be preserved and
protect in place along the south property line within the May Creek Trail parcel.
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No irrigation was shown on the landscape plans. Underground sprinkler systems are required to
be installed and maintained for all landscaped areas. A condition of approval requires a detailed
irrigation plan with the civil construction permit application.
The designed surface parking lots, amongst the three (3) phases, would provide a total of 195
spaces. A minimum of 35 square feet of landscaping or 7,035 square feet of per parking space
would be required. The Applicant is proposing approximately 1,200 square feet more than the
minimum required amount of landscaping for the proposed amount of surface parking and the
interior parking lot landscaped areas meet or exceed the minimum dimension of 8 feet by 12 feet
(8’ x 12’). The site plan includes surface parking between the north (Lake Washington Blvd N)
street right-of-way and the east (I-405) limited access right-of-way and Building 1. Therefore,
perimeter parking lot landscaping would be required. The proposed perimeter parking lot
landscaping is approximately 11 feet to 70 feet (11’-70’) wide and would comply with the
minimum required 10-foot landscape strip along all public street frontages.
H. Critical Areas. The proposal will not create significant adverse impacts to critical areas. The
critical areas identified at the project site are each assessed individually below. No wetlands,
streams or habitat management conservation areas are located on the site. All impacts to the
critical areas are found to be adequately mitigated as the Applicant has demonstrated to the
satisfaction of staff that with staff recommended conditions (all adopted by this Decision), the
critical areas are mitigated to the extent required by the City’s critical area regulations.
1. Seismic Hazard Zone. City of Renton (COR) mapping indicates the site is located in a
high seismic hazard area. The primary requirement for development with a seismic
hazard area is preparation of a geotechnical report that can conclude that with
recommendations, if any, the proposal will not increase the threat of the geological
hazard to adjacent or abutting properties beyond pre-development conditions; and the
proposal will not adversely impact other critical areas; and the development can be safely
accommodated on the site. The Applicant has prepared the required geotechnical report
and staff has found that the report satisfies the criteria with adoption of its
recommendations, which are required as a SEPA mitigation measure. RMC 4-3-
050(2)aii.
The seismicity of western Washington is dominated by the Cascadia Subduction Zone,
in which the offshore Juan de Fuca plate is subducting beneath the continental North
American plate. The project site is located within less than a mile of the mapped Class
A Seattle Fault Zone which runs roughly in a northwest to southeast direction through
the southern end of Mercer Island (USGS Interactive Fault Map). Because of the
relatively close distance from this fault zone, there is a potential of surface rupturing at
the project site. The geotechnical engineer found the project site to be classified with a
relatively low risk of surface damage from potential rupturing given the distance to the
mapped fault and the significant amount of sediment underlying the site (at least 75 feet,
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based on explorations). As a result, the relatively thick sediment layer would tend to
reduce the potential surface impact of possible bedrock rupturing at depth. The
geotechnical engineer indicated that significant portions of the soft fine-grained soils and
loose to medium-dense sandy soils in the upper 15 to 25 feet bgs are susceptible to
liquefaction during the anticipated design earthquake event. In addition, the geotechnical
engineer found that because the current and planned development is relatively level and
not near a steep slope, the risk of potential lateral spreading is considered very low at this
site.
As required for seismic hazard areas, the Applicant prepared a geotechnical engineering
report, prepared by Hart Crowser, a division of Haley & Aldrich, dated May 20, 2021
(Exhibit 13). Due to the above-referenced potential for seismic induced geotechnical
hazards in a seismically active area generally including surface fault rupture, soil
liquefaction, and lateral spreading the report recommends the use of AC piles as the most
suitable and cost-effective deep foundation system for this project. As the report has
confirmed the soft to medium stiff fine-grained and loose to medium dense granular near-
surface soils at this site are compressible/potentially liquefiable and not generally
considered suitable to directly support shallow building foundations. Consequently, a
SEPA mitigation measure requires following the recommendations of the geotechnical
report, review of the construction and building permit plans by the geotechnical engineer
to ensure compliance with intent and recommendations of the report, and onsite
supervision by the geotechnical engineer during identified stages of construction. The
geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the
construction and building permit plans and in their opinion the plans and specifications
meet the intent of the report(s).
.
2. Flood Hazard. The project site is currently not in any flood hazard or floodplain. It has
been mapped as a flood hazard but that designation has been removed. As provided in
the Critical Areas Report, prepared by Talasaea Consultants, Inc. (dated August 23, 2019;
Exhibit 20), and indicated on the Survey Flood Hazard Data and Boundary &
Topographic Survey (Exhibit 24) a Letter of Map Amendment (LOMA) Determination
Document (Removal) was issued by the Federal Emergency Management Agency on
May 22, 2012 that removed the project site from the special flood hazard area (Exhibit
20). The property was determined to be still valid as of August 19, 2022 when the
Department of Homeland Security's Federal Emergency Management Agency (FEMA)
issued new or revised Flood Insurance Rate Map (FIRM) panels (Exhibit41).
3. Shoreline. The project site is located within the Shoreline Management Act jurisdiction
of May Creek. The shoreline designation for the project encroachment is Shoreline High
Intensity. As determined by staff, the proposal is consistent with the City’s Shoreline
Master Program regulations and it is hence determined that the proposal as conditioned
adequately mitigates impacts to the May Creek shoreline. As determined in the
Applicant’s stream study, Ex. 22, as mitigated the proposal will result in no net loss of
ecological function.
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May Creek has a 100-foot vegetation conservation buffer for uses not designated single
family residential. According to the Comprehensive Plan, the objective of the High
Intensity Overlay is to provide opportunities for large-scale office and commercial
employment centers, as well as, multifamily residential use and public services. This
district provides opportunities for water-dependent and water-oriented uses while
protecting existing ecological functions and restoring ecological functions in areas that
have been previously degraded. Development may also provide for public use and/or
community use, especially access to and along the water's edge.
May Creek does not run on the site. However, its 200-foot shoreline jurisdiction and the
vegetation conservation buffer extends onto the site in two (2) locations at the
southwestern corner of the property. The area of the site included within the vegetation
conservation buffer is currently unvegetated and covered with impermeable surfaces. The
proposed area of impact to the shoreline zone would be approximately 55,854 square feet.
According to the Comprehensive Plan, non-water-oriented development should be
permitted where it does not conflict with or limit opportunities for water-oriented uses, or
where there is no direct access to the shoreline. Comprehensive Plan management policies
indicate that priority is given to planning for public visual and physical access to water in
the High Intensity Overlay District. According to the Applicant, it is not possible to
completely avoid impacts to the shoreline on the project site.
Stormwater, collected on the proposed impervious surfaces within shoreline jurisdiction,
is proposed to be collected and treated using two (2) BioPod water quality filters by
Oldcastle. Furthermore, no untreated stormwater would be released into the May Creek
shoreline zone south of the project site. Staff has determined that the project would meet
current stormwater management requirements for treatment.
The project is proposing to include aesthetic objectives through appropriate development
siting, design standards, screening, landscaping, open space, and maintenance of natural
vegetative buffers. Based on the current development plans, the amount of impervious
surface would be reduced from 82 percent under current conditions to approximately 76
percent of the proposed developed condition. The Applicant is proposing to reduce the
100-foot vegetation conservation buffer or the retention of the existing 5,347 square feet
reduction to the vegetation conservation buffer so that it terminates at the site's southern
boundary. The Applicant’s stream study indicates that the degraded vegetation buffer
would not cause a net loss of ecological function due in part to the retention of the existing
stormwater ditch and the proposed buffer averaging of 5,519 square feet of vegetative
buffer enhancement (landscape planting) near the southeast corner of the property. In
addition, enhanced stormwater treatment is anticipated to further improve the removal of
toxic metals, organic compounds, sediments, and other debris. No other mitigation is
being proposed by the Applicant. To improve the vegetation buffer areas along the
shoreline and maintain trail access between the formal May Creek Trail and the proposed
project, a SEPA mitigation measure requires that the Applicant remove all non-native
invasive blackberry plants currently growing within the May Creek Trail Park property
(north of May Creek) located along the site's southern boundary. In addition, the
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Applicant shall restore the existing soft surface trail and/or construct a new soft surface
trail of permeable materials, limited to four feet (4') to six feet (6') in width to reduce
impacts to ecologically sensitive resources, from the proposed onsite May Creek Trail
connection gate to the formal May Creek Trail located near the water (approximately 60
feet in length). The trail and vegetation management plan would be reviewed for
compliance with the Shoreline Master Plan Regulations as a component of Shoreline
Substantial Development Permit.
I. Cultural Resources. As mitigated, the proposal will adequately protect any adverse impacts to
cultural resources.
The Applicant submitted a cultural resources report that concluded that monitoring was
necessary due to the potential for artifacts at the project site as follows:
WillametteCRA considers the Project to have moderate to high potential to
encounter archaeological materials due to the possible presence of a winter
village on May Creek, materials related to the Colman farmstead, and the
generally high probability Project setting at the outlet of May Creek into Lake
Washington. Existing site conditions do not permit conventional archaeological
testing. WillametteCRA recommends that Project elements be reviewed once full
project plans and cross-sections are developed in final design to develop a
project-specific monitoring plan.
Ex. 38, p. 19.
The cultural significance of the site was corroborated by comments from the Duwamish Tribe,
Ex. 29 as well as Ms. Dalton, Ex. 60. The Applicant’s cultural resources report recommends
monitoring for a list of specified construction activities that could potentially damage artifacts.
Compliance with the recommendations of the report is required by the MDNS issued for the
project.
6. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. The proposal will be served by adequate water and sewer. Water
and sewer service will be provided by the City of Renton.
B. Fire and Police. The proposal will be served by adequate police and fire service. Police and
Fire Prevention staff indicated that sufficient resources exist to furnish services to the
proposed development if the Applicant provides Code required improvements and fees.
C. Drainage. Adequate drainage facilities are proposed. The Applicant submitted a Preliminary
Technical Information Report (TIR) (Exhibit 12), which proposes a drainage system that
staff has found as conditioned to comply with the 2022 Renton Surface Water Design
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Manual (RSWDM) and other City stormwater standards. Conformance to the RSWDM and
associated standards establishes adequate provision for drainage.
The TIR analyzes existing conditions and proposed surface water collection and
distribution. According to the TIR Report, the project would be adding more than 7,000
square feet of new impervious area, so the project falls under Full Drainage Review and
Conservation Flow Control (Level 2). Water quality is required since the project would add
more than 5,000 sf of pollution generating impervious surface (PGIS) that is not fully
dispersed. The project is required to provide enhanced water quality. Due to the limited
increase in peak flow rate, this project is exempt from flow control. The Applicant proposes
to use two (2) BioPod Water Quality Filters by Oldcastle to provide enhanced water quality
treatment. This type of facility has General Use Level Designation (GULD) approval from
DOE. One of the BioPods would be used to treat the northern half of the access rod, the
northern multifamily residential unit building with associated parking, and the clubhouse.
The second BioPod would be used to treat the southern half of the access road and all other
multi-family residential unit buildings. A formal sizing of the BioPod facility would be
completed during Final Design.
A Construction Stormwater Permit from Department of Ecology is required due to clearing
and grading of the site exceeding one acre. The Applicant must obtain the permit and
provide proof prior to Civil Permit issuance.
D. Parks/Open Space. As conditioned, the proposal provides for adequate and appropriate
parks and open space.
Applicable Design District C standards require 50 square feet of open space dwelling unit.
The proposed 385 dwelling units in Phases 1-3 would result in a combined minimum
common open/recreation space area of over the required 19,250 square feet. As shown on
the submitted plans, the Applicant is proposing open space in the form of courtyards
(approximately 35,300 square feet), pedestrian corridors, covered outdoor amenity space
(approximately 1,585 square feet) in Phase 1, retention of an existing detention area
(approximately 5,795 square feet) in Phase 1, and a dog park (approximately 1,125 square
feet) in Phase 3. The Site Plan and Design Plans (Exhibits 2 and 7) provide an approximately
5,842 square feet of combined interior recreation facilities in the form of fitness club rooms
and lounges in Phases 1 and 2. While each individual phase may not reach the standard,
collectively the identified common opens space and/or recreation areas are provided in an
amount that is adequate to be functional and usable to meet the guidelines of the code.
The project site borders May Creek Trail Park along the south property line. Access to the
May Creek Trail Park and the May Creek Trail would be provided via a gated access at the
south end of the property. Dog walking activities and increased public access to the May
Creek Trail are anticipated to increase as a result of the proposed development. The
Applicant is proposing to construct an onsite dog relief area at the southeast corner of the
site. The dog relief area amenities would include a 42" high perimeter fence, mulch
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surfacing, seating, and an overhead structure. The dog relief area is anticipated to be used by
pet owners who reside within the proposed development. The proposed onsite open spaces,
such as courtyards and dog relief area, would be visible and open and are anticipated to
provide residents and guests with a livable community designed to accommodate both active
and passive recreation opportunities.
Other recreation improvements in the vicinity include trail improvements to the King County
Parks East Side Rail Corridor and the extension May Creek's soft surface trail. As part of the
1-405 widening project (LUA17-000808), WSDOT is proposing to extend May Creek Trail
to the east (under 1-405 to Jones Ave NE) by 2024. Trail improvements would be constructed
above the 100-year floodplain and would provide approximately 600 linear feet of new trail
system for people and pets in the Kennydale area and other outdoor enthusiasts.
The city received public comments (via email) that identify incidents of non-residents of the
area parking at Barbee Mill and accessing the May Creek trail system near the May Creek
Peninsula (Exhibit 27). The May Creek Trial Park and May Creek Trail are located near the
23-acre Barbee Mill community, separated by King County Parks East Side Rail Corridor
and Lake Washington Blvd N. The Barbee Mill development was constructed with a
shoreline passive pedestrian trail and Native Growth Protection Area (NGPA) tract along
May Creek that provides reasonable public access to and along the water's edge of Lake
Washington and May Creek. A NGPA trailhead sign was installed within the Barbee Mill
common area to welcome the Barbee Mill Community to the NGPA and identify regulations
by which to follow. For example, shoreline regulations, access hours, pet responsibilities,
and allowed activities. The public comments recommend mitigation measures to protect and
preserve the NGPA from substantially increased alteration or damage of the vegetation and
shoreline at Barbee Mill. Therefore, a SEPA mitigation measure requires that the Applicant
design and install a trailhead sign and dog waste station at the gated entrance to May Creek
Trail Park.
The park impact fee that is current at the time of building permit application would be levied.
The impact fee in effect for 2022 is 1,977.62 per attached multi-family dwelling unit (5 or
more units) or $761,383.70 for 385 multi-family units.
E. Transportation. The proposal provides for adequate and appropriate transportation facilities.
The proposed vehicular access points would be a consolidated ingress and egress point in
the form of a roundabout at the intersection of Lake Washington Blvd N and N 43rd St (about
midway along the west property line street frontage) and a secondary fire emergency access
driveway at the southwest corner of the site. The secondary fire access would be required to
include bollards or similar restrictive treatments to prevent general vehicle use from using
the secondary emergency access driveway. Therefore, a condition of approval requires that
the Applicant submit a revised site plan with civil construction permit application that
contains restrictive treatments to limit the secondary emergency access driveway entrance to
emergency access vehicles.
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The proposal provides a safe and efficient circulation pattern for both vehicles and
pedestrians within the site. The project’s internal public street alignment allows for safe
transitions and linkages between uses, streets, walkways and adjacent properties. Pedestrian
walkways, internal to the development, would link guests to the public sidewalk system. A
condition of approval requires that the surface material for all pedestrian walking surfaces
be either concrete, unit pavers, raised boardwalk, or similar material.
Congestion and other transportation impacts were assessed in the Applicant’s Transportation
Impact Analysis (TIAO), Ex. 14. The traffic study was subject to peer review. Ex. 18. City
staff have determined that as mitigated by the TIA, the proposal complies with the City’s
congestion standards.
The TIA responds to comments made by the city and the city's secondary reviewer Transpo
Group (Exhibits 15-18). The TIA discusses traffic impacts and how the proposed project
traffic volumes relate to the traffic volumes assumed by Washington State Department of
Transportation (WSDOT) as part of the NE 44th St Intersection Control Analysis Report
(ICAR) prepared for the 1-405, Renton to Bellevue Widening and Express Toll Lanes project
at the NE 44th St interchange (Exhibit 42). The ICAR evaluated the Level of Service (LOS)
analysis conducted by WSDOT and adjusted the WSDOT data for the Kennydale Gateway
project to reflect the proposed single-lane roundabout and project traffic volumes.
As part of the project background, WSDOT is constructing major improvements to the 1-
405 corridor between Renton and Bellevue. The project is known as the "1-405/Renton to
Bellevue Widening and Express Toll Lanes Project" and is currently under construction and
scheduled to be completed and open to traffic in Fall 2024. WSDOT's Renton-to-Bellevue
project proposes to add one new express toll lane in each direction to 1-405 for about nine
miles beginning near State Route (SR) 167 and continuing approximately one mile north of
Interstate 90 (1-90). As part of the WSDOT project, WSDOT would rebuild the 1-405 / NE
44th Street interchange that would relocate NE 44th St/ Lake Washington Blvd N to pass
under 1-405 (often referred to as "The Flip"). On the west side of 1-405, regrading of Lake
Washington Blvd N would begin at about N 43rd St. As a result, the grade of the street at
Seahawks Way would be lowered by approximately five feet (5') to eight feet (8') compared
to the current overpass condition. The new interchange would also have HOV-only ramps
from the center lanes of 1-405 and a Bus Rapid Transit (BRT) station accessed from those
ramps. According to the TIA, a trip distribution pattern for the development site was derived
based on WSDOT's 2025 traffic volume forecasts. The project trips were assigned to the
roadway network based on most of the traffic destined to areas east of 1-405 where the
neighborhood's schools and services are located and only a small amount of traffic was
assumed to be destined to or from areas south of the site along Lake Washington Blvd N.
WSDOT, through its consultant HNTB, performed extensive analysis of the improvements
under construction at the NE 44th St interchange. It evaluated future conditions with and
without the improvements for the years 2025 and 2045. The year 2025 traffic volumes were
used for the analysis and traffic volume forecasts assumed traffic generated by major
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developments (such as Quendall Terminals) and background growth. According to the
project TIA, the current proposal is expected to generate fewer trips than had already been
assumed in the WSDOT analysis (159 fewer trips in the AM peak hour and 153 fewer trips
in the PM peak hour). The TIA found that all nearby intersections (single -lane roundabout
at Lake Wash Blvd N / N 43rd St/ Site Access, Lake Washington Boulevard N / Seahawks
Way, NE 44th St/ (SB Off and On Ramps/ HOV Ramp/ NB off Ramp, and NB On-Ramp)
are expected to operate at levels of service LOS B or better in the year 2025 with the proposed
interchange configuration and the proposed Kennydale Gateway project.
According to the TIA, the proposed Kennydale Gateway project is expected to be fully
completed and occupied in the third quarter of 2025. Levels of service for intersections were
largely determined with the completion of the I-405/Renton to Bellevue Widening and
Express Toll Lanes Project in 2024. If the 1-405 project is not open to traffic in 2024 there
is a potential for longer-range impacts of traffic queues on Lake Washington Blvd N.
Therefore, a SEPA mitigation measure requires that the Applicant provide additional traffic
analysis to mitigate any traffic volumes realized should the I-405/Renton to Bellevue
Widening and Express Toll Lanes Project not be completed and open to traffic prior to
temporary occupancy of the phased project.
Additionally, the TIA analyzed the N 41st St / Lake Washington Blvd N intersection. The
analysis determined that eastbound movements from the stop sign are expected to operate at
LOS C in 2025 during both peak hours and concluded no further mitigation was needed to
accommodate the proposed project. As a result, the Kennydale Gateway project would not
change the levels of service and is expected to increase delay by a negligible amount (0.1
second added average delay per vehicle or less). Based on this analysis, the TIA concluded
that the project is not expected to adversely affect the 41st St / Lake Washington Blvd N
intersection and no mitigation was found to be necessary at this intersection.
Per the TIA, the proposed project is expected to generate an estimated 2,080 dai ly vehicle
trips with 162 trips during the AM peak hour (43 inbound and 119 outbound) and 170 trips
during the PM peak hour (102 inbound and 68 outbound). The submitted traffic report
determined that the combination of WSDOT improvements (replace the existing freeway
overpass with an under-crossing, add a direct access ramp connection to the 1-405 HOV
lanes, and replace ramp junction intersections with roundabouts) and Applicant
improvements (a single-lane roundabout at the Lake Washington Blvd N / N 43rd St/ Site
Access intersection) would operate well into the future. As a result, the TIA determined that
no further mitigation would be needed to accommodate the project and independent analysis
concurred with the results of the TIA. However, the limited data attached in the site access
worksheets showed eastbound AM peak hour queueing at the site access to be much greater
than the prior WSDOT analysis.
A measure of intersection adequacy is the LOS measured by average vehicle delay and
average queuing distance. Within the WSDOT report the LOS at the subject intersection is
shown to be LOS A during the AM and PM peak hours at a horizon year of 2025 and 2045.
The WSDOT report shows the LOS analysis with a northbound delay of 8.9/(7.0) seconds
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(AM/(PM)) and a southbound delay of 8.9/(11.4) seconds (AM/(PM)) of Lake Washington
Blvd N. Further, the WSDOT report shows that the 95th percentile queuing length along
Lake Washington Blvd N is 100 feet in both the northbound and southbound directions
during the AM and PM peak hours. The analyzed queuing length in the WSDOT report with
the two (2) lane configuration would not pose a physical impact or queuing problem to any
of the adjacent intersections and the delay is acceptable per the City's Comprehensive Plan.
By comparison, the TIA prepared by Heffron Transportation Inc., concludes that a single-
lane roundabout would provide a LOS A in the horizon year of 2025 with a delay of
15.3/(1.9) seconds (AM/(PM)) in the northbound direction and 1.3/(3.4) seconds (AM/(PM))
in the southbound direction of Lake Washington Blvd N. Further the TIA shows that the 95th
percentile queuing length along Lake Washington Blvd is 391/(48) feet (AM/(PM)) in the
northbound direction and 33/(134) feet AM/(PM)) in the southbound direction of Lake
Washington Blvd N. That proposed queuing length would also not pose a physical impact or
queuing problem to any of the adjacent intersections.
Under the current configuration on Lake Washington Blvd N, the N 43rd St / Lake
Washington Blvd N intersection (subject intersection) is stop controlled along N 43rd St
such that travelers on Lake Washington Blvd N are able to travel uninterrupted. According
to the TIA, the proposed project would add one (1) net new AM trip and five (5) net new
PM trips northbound into the subject intersection. The estimated 2025 horizon year trips
northbound on Lake Washington Blvd N would total 791 AM and 293 PM peak hour trips
with 750 AM and 218 PM peak hour trips passing through the intersection continuing
northbound. As previously indicated, with the addition of the proposed single-lane
roundabout, vehicles are estimated to experience a queue distance of 391 feet and a delay of
15.3 seconds during the AM peak hour (Year 2025). To reduce the anticipated horizon year
increased impacts in queuing and delay with the proposed addition of a single-lane
roundabout, a SEPA mitigation measure requires that the Applicant add a second northbound
approach travel lane and a second northbound travel lane within the roundabout at the project
intersection. It is anticipated that these proposed mitigation measures would more closely
align with the street network currently under construction by WSDOT and would still align
with the existing street frontage improvements at the southwest corner of the property. The
final length of a second approach travel lane would be required to be analyzed and presented
to the City for review and final approval.
In addition, a SEPA mitigation measure requires that the Applicant add a second southbound
lane within the roundabout at the N 43rd St/ Lake Washington Blvd N intersection that would
include one (1) travel lane through the roundabout and one (1) dedicated right turn lane onto
N 43rd St. The two (2) approach travel lanes into the intersection would be an extension of
the two (2) southbound lanes currently being installed by WSDOT as part of the 1 -405
widening project and the single through lane would connect to the existing single southbound
lane on Lake Washington Blvd N. This would provide the same volume of travel lanes
currently under construction by WSDOT but convert them to a roundabout configuration at
the intersection. A slight decrease in queuing length and no marginal change to delay would
be experienced by vehicles. Dedication would be required to install the identified roundabout
configuration and roadway improvements as determined by a survey.
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RMC 4-6-060 governs the City’s street design standards. Lake Washington Blvd N -
classified as a Collector Arterial street with an existing right-of-way (ROW) width of
approximately 60 to 150 feet. To meet the City's complete street standards for Collector
Arterial streets with two (2) lanes a minimum ROW width of 83 feet is required. Per RMC
4-6-060, half street improvements from the ROW centerline include a minimum 46-foot
paved road (23 feet each side), a one- half-foot (0.5') wide curb, eight-foot (8') wide planter
strip with street trees, eight-foot (8') wide sidewalk, two-foot (2') wide clear zone behind the
sidewalk, and storm drainage improvements. Dedication of approximately 11.5 feet would
be required pending final survey. However, with the development of the NE 44th St
Interchange by WSDOT, an alternate street section has been designated for this section of
Lake Washington Blvd N. North of the roundabout, the current approved construction
drawings consist of two (2) travel lanes in both the northbound and southbound direction,
five-foot (5') wide bike lane in the northbound direction, one-half-foot (0.5') wide curbs,
eight-foot (8') wide planting strips, a 12-foot sidewalks, street trees and storm drainage
improvements (Exhibit 43). One southbound lane has a dedicated right turn lane onto N 43rd
St while the northbound configuration widens from a single lane to two (2) lanes at the N
43rd St intersection. Per WSDOT's 1-405 Renton to Bellevue - NE 44th Street intersection
Control Analysis Report (WSDOT Report), (dated July 2018), a multilane roundabout
configuration at the Lake Washington Blvd N/NE 43rd St intersection was assumed (Exhibit
42). In addition, the TIA and ICAR assumed the conversion of the Lake Washington Blvd
N / Seahawks Way intersection to a right-in/right-out configuration and that improvements
to these two (2) intersections would be constructed at a future date which is evidenced by
WSDOT's 1405, Renton to Bellevue Widening and Express Toll Lanes Project construction
drawings (Exhibit 43). No proposed controls or right-of-way construction improvements
were proposed as part of the TIA or civil plans (Exhibit 11) to not allow left turns either into
or out of Seahawks Way. Conversion of the intersection at Seahawks Way and Lake
Washington Blvd N to a right-in/right-out configuration would be further analyzed with site
plan review.
The proposal includes a street modification for the alternate roadway section (Exhibit 40).
For example, north of the proposed roundabout, the proposal shows frontage improvements
connecting to WSDOT's improvements within the Kennydale Gateway projects frontage.
The proposed improvements, north of the roundabout, are anticipated to be in alignment with
the approved WSDOT plans for the NE 44th St Interchange. Compliance with street standard
requirements would be further analyzed with site plan review.
The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
25), which is based upon a test of the citywide Transportation Plan, consideration of growth
levels included in the LOS-tested Transportation Plan, site specific improvements, and future
payment of Transportation Impact Fees. The transportation impact fee that is current at the
time of building permit application would be levied. The impact fee in effect for 2022 is
$6,717.10 per attached dwelling unit and 7,145.85 for PM peak hour person vehicle trip.
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Increased traffic created by the development would be further mitigated by payment of
transportation impact fees.
Impacts to system wide transportation network will be mitigated via imposition of traffic
impact fees pursuant to the terms of the City’s transportation impact fee ordinance. The
proposal has also passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
25), which is another congestion standard adopted by the City. The City’s concu rrency
standard is based upon a test of the citywide Transportation Plan, consideration of growth
levels included in the LOS-tested Transportation Plan, and future payment of appropriate
Transportation Impact Fees.
F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and bicycle
facilities.
Transit service in the region is provide by the King County Department of Transportation
(Metro Transit). There are multiple routes that run along I-405 in the vicinity of the site
(Routes 11, 167, 204, 342, and 560). In addition, a new Stride Bus Rapid Transit (BRT)
station will be constructed along the I-405 corridor at the NE 44th St interchange. The 44th
St BRT Station is being constructed as part of the I-405/Renton to Bellevue Widening and
Express Toll Lanes Project with support funding from Sound Transit. The S1 line between
Burien and Bellevue is currently anticipated to begin operating in 2026 or 2027. The project
proposal would not alter current or future transit services.
Per RMC 4-4-080F.11.a bicycle parking spaces are required at 10% of the number of
required off-street parking spaces for commercial retail and one-half (0.5) bicycle parking
space per one attached dwelling unit. The submitted site plan and architecture sch ematic
design plans include several bicycle rooms and lounges within level 1 (Exhibits 2 and 7).
However, not enough detail was provided to identify quantities or other bicycle parking
standards of the code and therefore a condition of approval requires that the Applicant
establish conformance to the City’s bicycle parking standards in its floor plans submitted for
building permit review.
G. Parking. The proposal provides for adequate and appropriate parking.
The Applicant proposes to provide parking to accommodate approximately 386 parking
spaces at the completion of the project. Building 1 (Phase 2) would provide 60 structured
parking spaces and 45 surface parking spaces for 105 residential units and approximately
1,500 square feet of retail space. Building 2 (Phase 1) would provide 57 structured parking
spaces and 72 surface parking spaces for 129 residential units. Building 3 (Phase 3) would
provide 68 structured parking spaces and 84 surface parking spaces for 151 residential units.
RMC 4-4-080.F.10.d requires a minimum of one (1) parking space per attached dwelling unit
and allows a maximum of 1.75 per unit. Commercial activities are based on n et square floor
area for retail sales at a 2.5 spaces per 1,000 square feet. The TIA anticipates a portion of the
surface parking spaces to be allocated for the Phase 2 retail uses. Compliance with parking
requirements would be further analyzed with site plan review.
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Conclusions of Law
1. Authority. The hearing examiner has final decision-making authority on the consolidated
applications subject to this decision, subject to closed record appeal to the City Council.
RMC 4-8-080(G) classifies master site plans and hearing examiner site plans as Type III applications,
shoreline substantial development permits as Type II applications and street modifications as Type I
applications. RMC 4- 8-080(C)(2) requires consolidated permits to each be processed under “the
highest-number procedure.” Consequently, the consolidated master site plan, hearing examiner site
plan, shoreline substantial development permit and street modification applications are subject to Type
III review. As outlined in RMC 4-8-080(G), Type III review is subject to hearing and final decision
by the hearing examiner, subject to closed record appeal to the City Council.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned and has a
comprehensive plan land use designation of Commercial/Office/Residential (COR) and is in Urban
Design District C,
3. Review Criteria/Street Modification Approval. RMC 4-9-200(B) requires master plan approval
for all phased development in the COR zone except for airplane manufacturing, large lot subdivisions,
SEPA exempt projects and utilities. Shoreline substantial development permits are required for any
nonexempt development within 200 feet of shorelines pursuant to RMC 4-9-190(B)(3). Hearing
examiner site plan review is required for the proposal because it involves more than 100 attached
residential units and more than 300 parking spaces per RMC 4-9-200D2b. The criteria for master plan
and hearing examiner site plan review is set by RMC 4-9-200(E). The criteria for shoreline substantial
development permits is set by RMC 4-9-190(B)(7), which requires compliance with all City of Renton
Shoreline Master Program (“SMP”) use regulations and SMP policies. All applicable criteria are
quoted below in italics and applied through corresponding conclusions of law.
Street modification standards are governed by RMC 4-9-250.D. The findings and conclusions of
Finding No. 23 of the staff report are adopted by reference and it is concluded that the proposal meets
the criteria for the street modification identified in Finding of Fact (FOF) No. 3. The modification
identified in FOF No. 3 is approved on that basis.
Master Plan and Hearing Examiner Site Plan
RMC 4-9-200(E)(2). Level of Detail:
a. Master Plans: For master plan applications, the Administrator will evaluate compliance
with the review criteria at a level of detail appropriate for master plans. Master plans will
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be evaluated for general compliance with the criteria and to ensure that nothing in the
master plan will preclude development of a site plan in full compliance with the criteria.
b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail
and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3-
2012)
4. The proposal involves combined site plan and master plan review. The staff have found both
general (master plan) and specific (site plan) conformance to applicable review criteria, which is also
found to be met in this Decision as articulated in the conclusions of law below.
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:
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.
5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in
Finding No. 171 of the staff report. The proposal is consistent with the zoning code as outlined in
Finding No. 18 of the staff report. The proposal is located in Design District “C” and consistent with
Design District “C” development standards as outlined in Finding No. 19 of the staff report. No
planned action ordinance or development agreement applies.
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;
1 References to findings in the staff report are designed by “Finding No. _____.” References to findings from this
recommendation are “FOF No. _____.”
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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.
6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are
significantly adverse. Specifically, massing of structures is addressed by FOF No. 5(A), circulation by
FOF 6(E), loading and storage areas by FOF 5(D), views by FOF 5(B), landscaping by FOF No. 5(E)
and lighting by FOF 5(C).
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.
7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly
adverse. Structure placement and scale is addressed in FOF No. 5(A). Extensive landscaping is
required of the project as described in FOF No. 5(E) and this landscaping will serve to provide shade
and privacy, define open spaces and generally improve upon aesthetics as required by the criterion
quoted above. Natural features are adequately protected as outlined in FOF No. 5(F) and (H).
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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.
8. The criterion is met. As outlined in FOF No. 6(E), regular vehicular access is consolidated into
one point on Lake Washington Boulevard. Although Lake Washington Boulevard is a collector
arterial, there is no other street available that could be used as an access point. The only adjoining
property not separated by a road is May Creek Trails Park to the south, in which no public benefit
would attach from a road connection. The proposal will provide for safe and efficient internal
circulation and pedestrian connections as determined in FOF No. 6(E). Loading and delivery will be
separated from parking and pedestrian areas as outlined in FOF No. 5(D). The proposal will be served
by adequate transit and bicycle facilities as determined in FOF No. 6(F).
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.
9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in
FOF 6(D).
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.
10. The criterion is met. The proposal provides for interior view corridors to Lake Washington and
May Creek and provides for access to shorelines as detailed in FOF No. 5(B).
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RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
11. The criterion is met. The proposal adequately protects natural systems for the reasons identified
in FOF No. 5(F) and (H).
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
12. The criterion is met. The project is served by adequate services and facilities as determined in
Finding of Fact No. 6.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
13. The criterion is met. The Applicant is proposing to develop the site in three (3) phases and the
proposed project is expected to be fully completed before the end of 2025. As indicated in the Project
Narrative and Phasing Plan (Exhibit 28), the Applicant proposes a sequencing plan to construct each
building and associated improvement as part of each phase – Phase 1 would include the construction
of Building 2 with 129 residential units (located in the southwest corner of the site), Phase 2 would
include the construction of Building 1 with 105 residential units and approximately 1,500 square feet
of retail space (located in the northern portion of the site), and Phase 3 would include the construction
of Building 3 with 151 residential units (located in the southeastern corner of the site). Each phase is
anticipated to be approximately one third of the site. A condition of approval requires that the
Applicant submit a detailed phasing plan with sequencing and timing for the construction of all on -
site and off-site improvements prior to civil construction permit issuance.
Shoreline Permit
RMC 4-9-190(B)(7): In order to be approved, the Administrator of the Department of Community and
Economic Development or designee must find that a proposal is consistent with the following criteria:
a. All regulations of the Shoreline Master Program appropriate to the shoreline designation
and the type of use or development proposed shall be met, except those bulk and dimensional standards
that have been modified by approval of a shoreline variance.
b. All policies of the Shoreline Master Program appropriate to the shoreline area designation
and the type of use or development activity proposed shall be considered and substantial compliance
demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted,
provided it is demonstrated to the Administrator of the Department of Community and Economic
Development or designee that the proposal is clearly consistent with the overall goals, objectives a nd
intent of the Shoreline Master Program.
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c. For projects located on Lake Washington the criteria in RCW 90.58.020 regarding shorelines
of statewide significance and relevant policies and regulations of the Shoreline Master Program shall
also be adhered to.
14. The proposal complies with all applicable shoreline policies and regulations as detailed
in Finding No. 22 of the staff report. In summary, the proposal would result in no net loss of ecological
function since as demonstrated in the Applicant’s critical area reports, shoreline processes would be
maintained or improved through addition of vegetation and enhanced stormwater treatment
technologies.
The project site does not include any body of water protected by the Shoreline Management Act (SMA),
however it does extend into the 200 foot SMA jurisdiction of May Creek, located to the south of the
project site. The Applicant’s Critical Areas Report (Exhibit 20), Habitat Data Report (Exhibit 21), and
Standard Stream Study (Exhibit 22), prepared by Talasaea Consultants, Inc. assessed project impacts
to May Creek. The proposed project would be confined to the former Pan Abode property and only a
limited number of trees would be removed. The Applicant’s proposal would maintain a minimum 100-
foot setback for structures from the OHWM. Within the setback area, the Applicant has proposed
restoration planting and pedestrian access to May Creek Trail Park (Exhibits 4, 5, and 11). Proposed
vegetation would include shrubs, grasses, ferns, and groundcovers. Bioretention planting would be
located in a stormwater facility at the southwest corner of the property. According to the Critical Areas
Report, no direct impacts to any critical areas would result from the proposed development. To improve
the vegetation buffer areas along the shoreline and maintain trail access between the formal May Creek
Trail and the proposed project, the Environmental Review Committee (ERC) issued a mitigation
measure to remove all non-native invasive blackberry plants currently growing within the May Creek
Trail Park property (north of May Creek) located along the site’s southern boundary. See also
Environmental Review Committee (ERC) Report (Exhibit 1) for more information.
Because the property was determined to not be within the floodplain of May Creek, no adverse effects
on floodplain habitat function or the species they support are expected to occur. According to the
Report, the proposal would include required landscaping and open space. In addition, the Report
maintains that the prevention of undetained and untreated runoff would help improve some of the
functions of the buffer by protecting the water quality of May Creek.
DECISION
For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the
Applicant’s master plan, site plan, shoreline substantial development permit and street modification
applications are met by the proposal and the applications are approved subject to the following
conditions of approval:
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1. The Applicant shall comply with the eight (8) mitigation measures issued as part of the
reconsideration Determination of Non-Significance - Mitigated, dated November 7, 2022.
2. The Applicant shall submit a detailed phasing plan with sequencing and timing for the
construction of all on-site and off-site improvements. The detailed phasing plan shall be
provided to and approved by the Current Planning Project Manager prior to civil construction
permit issuance.
3. Prior to civil construction permit issuance, the Applicant shall submit a draft public street
easement to the City for required half-street street frontage improvements on Lake Washington
Blvd N to ensure all street frontage improvements can be repaired and accessed. A final public
street easement (or equivalent) shall be required to be submitted and approved prior to
Temporary Certificate of Occupancy of Phase 1.
4. The Applicant shall demonstrate compliance with the minimum freeway frontage setback or
receive a setback variance approval to encroach into the required 10-foot freeway setback
located along the eastern property line.
5. The Applicant shall provide a detailed irrigation plan with the civil construction permit
application. The detailed irrigation plan shall be provided to and approved by the Current
Planning Project Manager prior to building permit issuance.
6. The Applicant shall submit a revised tree retention and replacement plan that demonstrates
compliance with the minimum tree retention requirements of the code by retaining a minimum
of thirty percent (30%) of all significant trees on site. Alternatively, the Applicant may include
a minimum of three (3) new supplemental replacement trees with a minimum size of at least
four-inch (4”) caliper in a revised landscape replacement plan as adequate replacement value to
the significant trees that could be retained at the southeast corner of the property. A final detailed
landscape plan would be required to be submitted and approved prior to issuance of a civil
construction permit.
7. Prior to issuance of a civil construction permit the Applicant submit a completed tree retention
and credit worksheet that demonstrates compliance or exceeds the minimum tree credit
requirements of the code.
8. The Applicant shall submit utility and landscape plans that include cross-section details
identifying the location and screening provided for all surface and roof top utility/mechanical
equipment and identify how they would be screened from public view. The Applicant shall work
with franchise utilities to ensure, as practical, utility boxes are located out of public right-of-way
view, active common open spaces, and they shall not displace required landscaping areas. In
addition, no utility boxes shall be located at the entrances of the site between the buildings and
the public street. The special utility and landscape plan set shall be provided to, and approved
by, the Current Planning Project Manager prior to civil construction permit and/or building
permit approval.
9. The Applicant shall provide a detailed refuse and recycling collection plan. The final detailed
plan shall also be provided to the City’s contracted refuse and recycling hauler (currently
Republic Services) with any correspondence to and from the hauler provided to the Current
Planning Project Manager.
10. The Applicant shall demonstrate compliance with the minimum and maximum onsite parking
stall count for each phase of the development or request an administrative parking modification
to reduce the overall vehicle parking prior to civil construction permit issuance.
11. The Applicant shall provide demonstrate compliance with the minimum standard and accessible
parking space general requirements along the primary access interior roadway that connects to
N 43rd St. The final detailed site plan shall be reviewed and approved by the Current Planning
Project Manager prior to civil construction permit approval.
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12. The Applicant shall provide bicycle parking for up to 195 spaces (Phase 1 – 65 spaces, Phase 2
– 54 spaces, and Phase 3 – 76 spaces) and indicate compliance with bicycle parking standards
on the floor plans submitted with the building permit application. Bicycle parking details shall
be reviewed and approved by the Current Planning Project Manager prior to building permit
issuance.
13. The Applicant shall submit a detail fencing plan with the civil construction permit application
that provides material details, height, and location of the fencing within the site. The fencing
shall be consistent, high-quality, commensurate to the materials that are used throughout the
development, and consistent with the shoreline fencing requirements of the code. The fencing
material shall be wood, metal, ornamental, or comparable material as approved by the Current
Planning Project Manager. Chain link fencing shall not be accepted. The final fencing details
shall be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
14. The Applicant shall submit revised building design plans that include added design features that
would ensure enhanced privacy for residents along the ground floor for units that are not abutting
a courtyard. The revised architecture schematic design plans shall be submitted to, and approved
by, the Current Planning Project Manager prior to construction permit approval.
15. The Applicant shall submit a detailed entrance plan that includes specifications for pedestrian
amenities that add to the pedestrian experience and the human scale intended for the
development. A revised detailed entrance plan shall be submitted to, and approved by, the
Current Planning Project Manager prior to construction permit approval.
16. Where applicable, the Applicant shall make all ground floor building entrances to individual
units convenient to access and include a minimum five-foot (5’) wide transition space from the
street or sidewalk to the unit entry. The revised plans shall be submitted to, and approved by, the
Current Planning Project Manager prior to permit issuance.
17. The Applicant shall incorporate one (1) additional visual prominent feature that is compatible
with the development and project location in form and scale, such as public art. The revised
plans shall be submitted to, and approved by, the Current Planning Project Manager prior to
permit issuance.
18. The Applicant shall add enhanced urban cladding materials to the southwest corner of the
parking structure façade of Building 2. The detailed design elevations shall be provided to and
approved by the Current Planning Project Manager prior to building permit issuance.
19. The Applicant shall provide a more direct accessible pedestrian connection from Lake
Washington Blvd N to the proposed concrete sidewalk that terminates at the southwest corner
of Building 2. A detailed site plan shall be submitted to, and approved by, the Current Planning
Project Manager prior to civil construction permit issuance.
20. The Applicant shall provide sidewalks with a width of at least ten feet (10’) of unobstructed
walking surface along the commercial retail façades of Building 1. In addition, the Applicant
shall increase the width of the interior sidewalk located along the south facing façade of Building
2 to a minimum of five feet (5’) to be of sufficient width to accommodate the anticipated
numbers of users. A detailed site plan shall be submitted to, and approved by, the Current
Planning Project Manager prior to construction permit approval.
21. The Applicant shall submit detail sheets and quantities of all fixed outdoor site furniture and
amenities, including, but not limited to, benches, group seating, refuse and recycling, pet relief
areas/disposal, and outdoor recreation equipment. The detail sheets and quantities shall be
integrated in the detailed landscape plan submitted with the civil construction permit to be
reviewed and approved by the Current Planning Project Manager.
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22. The Applicant shall submit verification that weather protection is at least four and one-half feet
(4 ½’) from the building and along five percent (75%) of the non-residential façades facing the
public street and interior streets and/or provide a written narrative of how the proposed weather
protection meets the intent and guidelines of the Pedestrian Environment section of the Urban
Design Regulations with the building permit application. The graphic verification and/or written
narrative shall be reviewed and approved by the Current Planning Project Manager prior to
building permit issuance.
23. The Applicant shall provide a durable high quality parking security screen or similar that is
consistent with more traditional urban development when located on the façade facing a public
street. Revised architectural elevations and a materials board shall be submitted to, and approved
by, the Current Planning Project Manager prior to building permit approval.
24. The Applicant shall provide texturing, reveals, or similar to the exposed concrete walls on the
ground floor. Revised architectural elevations and a materials board shall be submitted to, and
approved by, the Current Planning Project Manager prior to building permit approval.
25. The Applicant shall submit an overall sign design package for review and approval by the
Current Planning Project Manager prior to the approval of any sign permit for the project.
26. The Applicant shall submit a final lighting plan with the building permit applications that
includes detail sheets of all light fixtures and their supports. Fixtures and supports shall be
pedestrian scaled and consistent with the design of the site and provide adequate footcandle
illumination in pedestrian areas. The detailed lighting plan shall be reviewed and approved by
the Current Planning Project Manager prior to permit issuance.
27. The surface material for all pedestrian walking surfaces shall be either concrete, unit pavers,
raised boardwalk, or similar material as approved by the Current Planning Project Manager.
28. The Applicant shall submit a revised site plan with civil construction permit application that
contains restrictive treatments to limit the secondary emergency access driveway entrance to
emergency access vehicles. The revised site plan shall be reviewed and approved by the Current
Planning Project Manager prior to civil construction permit issuance.
29. The Applicant shall prepare a Construction Contingency Plan (CCP) to manage any
environmental impacts discovered during future redevelopment involving soil disturbance or
mass excavation, including any underground storage tanks. Compliance with the identified
Construction Contingency Plan (CCP) shall be reviewed and approved by the Current Planning
Project Manager prior to civil construction permit issuance. In addition, if contamination is
identified, the Applicant shall follow Model Toxics Control Act (MTCA) requirements to notify
Ecology and take measures to protect workers and future residents.
30. The Applicant shall allow gate access to May Creek Trail Park during on-site retail business
hours. The final fence detail plan shall be provided to, and approved by, the Current Planning
Project Manager prior to issuance of a civil construction permit.
31. The Applicant shall provide three (3) designated and signed short term public parking stalls near
the gated access to the May Creek Trail Park property. The final parking plan shall be provided
to, and approved by, the Current Planning Project Manager prior to issuance of a civil
construction permit.
32. The Applicant shall be required to provide a site-specific public access signage package with the
civil construction permit application. The public access signage package shall be provided to,
and approved by, the Current Planning Project Manager prior to civil construction permit
issuance.
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33. The Applicant shall complete a covenant with the City to dedicate land required for street
frontage improvements on Lake Washington Blvd N to ensure applicable half-street frontage
improvements (such as the roundabout, roadway, bike lane, curb, planting strip, and sidewalk)
are located within the public right-of-way upon completion of the phased project. A covenant to
dedicate the land required for street frontage improvements on Lake Washington Blvd N would
be required prior to civil construction permit issuance.
Decision issued February 9, 2023.
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.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
Kennydale Gateway
Project Number:
LUA22-000011, SA-M, SA-H, SSDP, ECF, MOD
Date of Hearing
February 7, 2023
Staff Contact
Clark H. Close
Principal Planner
Project Contact/Applicant
Lori Obeyesekere
Hensley Lamkin Rachel, Inc.
14881 Quorum Rd
Dallas, TX 75254
Project Location
4350 Lake Washington
Blvd N, Renton, WA 98056
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-44: As shown in the Environmental Review Committee (ERC) Report
Exhibits 45-62: As shown in the Staff Report to the Hearing Examiner
Exhibit 63: Staff PowerPoint
Exhibit 64: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 65: Google Earth, https://www.google.com/earth/
Exhibit 66: Public Comment Email from Larry Reymann, dated January 31, 2023
Exhibit 67: Public Comment Email from BMCO Long, dated February 6, 2023
Exhibit 68: Applicant Concept Renderings
Exhibit 69: Applicant Vicinity Map