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HomeMy WebLinkAboutD_StateFarmMod_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_StateFarmMod_v2 A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: June 15, 2023 Project File Number: PR22-000269 State Farm TI Project Name: State Farm Modifications Land Use File Number: LUA23-000166, MOD Project Manager: Andrew Van Gordon, Associate Planner Owner: Evan Silvers, 3418 SE 6th St, Renton, WA 98058 Applicant/Contact: Calvin Tam, Tam Design, 10040 Sand Point Way NE, Seattle, WA 98125 Project Location: 3418 SE 6th St (APN 512900326) Project Summary: The project is located within the Commercial Neighborhood (CN) zone and Urban Design District D. The applicant requests two (2) modifications to deviate from RMC 4-4-090, Refuse and Recyclables Standards, specifically RMC 4-4-090C3, Special Setbacks from Residential Properties and RMC 4-4-090E3, Office, Educational and Institutional Developments – Minimum Size. The proposal would reduce the refuse and recycling 50-foot (50’) setback from abutting residentially zoned properties to approximately 17 feet eight inches (17’8”) at its closest and reduce the minimum total area from 100 square feet to 57 square feet. Site Area: 0.19 acre DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 City of Renton Department of Community & Economic Development State Farm Modifications Administrative Modification Report & Decision LUA23-000166, MOD Report of June 15, 2023 Page 2 of 6 D_StateFarmMod_v2 B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification from RMC 4-4-090 Exhibit 3: Site Plan and Elevations Exhibit 4: Email from Republic Services NW to the Applicant C. PROJECT DESCRIPTION/BACKGROUND Application for a tenant improvement for the benefit of a State Farm Insurance office space at 3418 SE 6th St was made (B22005298) October 6, 2022. As part of the improvements the applicant is required to meet applicable standards in RMC 4-4-090, Refuse and Recyclables Standards related to setbacks from residential properties and minimum size requirement. D. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on March 10, 2023 and determined the application complete on May 22, 2022. The project complies with the 120- day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3. The project site is located 3418 SE 6th St (APN 512900326). 4. The project site is currently developed with two (2) buildings. The tenant improvement is located in the primary building which includes the ground floor commercial space proposed for the tenant improvements, and two (2) attached dwelling units. Attached to the primary building but on an abutting lot (3414 SE 6th St) is another commercial space currently occupied by a barbershop. An accessory detached garage is also located on the property. A driveway, walkways and other associated miscellaneous improvements are located on the site. A separate off-site driveway (APN 1623059066) is located to the west of the project site which provides access to the site as well. No parking for the commercial space is located on-site. 5. Direct access to the site is provided via a driveway from SE 6th St. The commercial space has a main entrance exiting onto SE 6th St. No on-site parking is provided. 6. The property is located within the Residential High Density (RHD) Comprehensive Plan land use designation. 7. The site is located within the Commercial Neighborhood (CN) zoning classification. 8. There is one (1) tree located on-site which the applicant is proposing to retain. 9. The site is mapped in a High Seismic Hazard Area and the Maplewood Zone 1 Modified wellhead protection area. 10. The applicant did not provide estimated construction dates. 11. Modification Analysis: Application for a tenant improvement for the benefit of a State Farm Insurance office space at 3418 SE 6th St was made (B22005298) October 6, 2022. Improvements include both internal and external renovations to the space and structure. Requirements in RMC 4-4-090, Refuse and Recyclables Standards are triggered for all new development for commercial uses. As the applicant is DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 City of Renton Department of Community & Economic Development State Farm Modifications Administrative Modification Report & Decision LUA23-000166, MOD Report of June 15, 2023 Page 3 of 6 D_StateFarmMod_v2 proposing new development for the benefit of a commercial use, they are required to bring the site into conformance with refuse and recyclable standards. Currently, there is no refuse and recyclable enclosure on the property. The applicant is requesting a modification to RMC 4-4-090C3 to place the enclosure approximately 17 feet eight inches (17’8”), at its closest, from a residentially zoned property to the east. The code citation from above states, “Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a lot zoned residential, except by approval through the site development plan review process, or through the modification process if exempt from site development plan review.” The project is exempt from site development plan review and therefore the modification process is the appropriate avenue to request deviation from standards. The applicant also requests a modification to RMC 4-4-090E3 to reduce the minimum required square footage from 100 square feet to 57 square feet. The above code citation above states, “In office, educational and institutional developments, a minimum of two (2) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of four (4) square feet per one thousand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas.” The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification, subject to conditions as noted below: Compliance Modification Criteria and Analysis ✓ 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 the minimum adjustment necessary to implement these policies and objectives. Staff Comment: The applicant contends that the proposal cannot meet the 50-foot (50’) setback as the undeveloped areas of the property are not wide enough to accommodate the setback. Additionally, they contend that meeting minimum requirements for square footage is excessive for the needs of the property. (Exhibit 2) Staff concurs that the proposed modification implements the policy direction of the Comprehensive Plan and is the minimum adjustment necessary. With regards to setbacks, the abutting property to the west is zoned Residential -4 (R-4) while the abutting properties to the north and east are zone Residential – 8 (R-8). Per the site plan the refuse and recycling enclosure is approximately 17 feet eight inches (17’8”) from the eastern property line, 18 feet two inches (18’2”) from the west property line and 43 feet four inches (43’4”) from the northern property line (Exhibit 3). The enclosure is roughly centered between the east and west property line and is outside of the zoning setbacks. At its widest the lot is only approximately 65 feet three inches (65’3”) in width. It would be impossible to place the enclosure in such a way that it is 50 feet (50’) from both the east and west residentially zoned properties. Additionally, the existing primary structure is setback approximately 52 feet seven-and-a-half inches (52’7.5”) from the northern property line. To place the enclosure 50 feet (50’) away from the northern property line would require a structural revision to the northern façade to push the façade further away from the northern property line. This is not a reasonable expectation of the applicant. The proposed location places the enclosure a reasonable distance from the northern property line without requiring unreasonable site or structural revisions. DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 City of Renton Department of Community & Economic Development State Farm Modifications Administrative Modification Report & Decision LUA23-000166, MOD Report of June 15, 2023 Page 4 of 6 D_StateFarmMod_v2 With regards to the minimum square footage requirement, the applicant is proposing a reduction to 57 square feet or 19 feet wide by three feet deep (19’ x 3’). Per the provided justification Republic Services NW recommended six carts one (1) trach cart and one (1) recycling cart each for the commercial space and two (2) dwellings). The enclosure would accommodate these carts. Requiring a minimum of 100 square feet would almost double the size of the enclosure while providing no discernable benefit as it would be unneeded empty space. The modification is consistent with Land Use Element Policies L-47 and L-48 which promote change and infill development in a manner that enhances livability and quality of life. Requiring the applicant to construct the enclosure to the minimum setback standard, which isn’t possible, and to the minimum sizing requirements is out of sc ale and context with the full project. ✓ b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The applicant contends that the proposed design is appropriate for the site and the proposed use. Republic Services NW stated that carts rolled to the curb by the tenant are appropriate rather than larger containers that require a front-loading garbage hauler to access onto the site (Exhibit 4). The design and location of the enclosure provides screening and is appropriate for the size. Staff concurs the proposed modification would meet the objectives of function and maintainability intended by the code requirements. The applicant proposes the enclosure as far from the abutting residentially zoned properties as can be reasonably placed on the property. The enclosure is appropriately sized for the carts which will be used. The area will be screened to standards, will have a roof to provide weathe r protection and is required to provide a drain that connect to the sanitary sewer system via an oil/water separator and side sewer for the refuse and recycling area as required in RMC 4-4-090, Refuse and Recyclables Standards. ✓ c. Will not be injurious to other property(ies) in the vicinity. Staff Comment: The applicant contends that the proposed design will improve the site as the market which previously occupied the commercial space used the same style of carts but did not provide an enclosure for them. The proposed design also conforms to the requirements in RMC 4-4-090, Refuse and Recyclables Standards as close as the site allows. Staff concurs that the modification would not be injurious to other properties in the vicinity. The enclosure is reasonably sized for its intensity and is located as far from the abutting residentially zoned properties as can be reasonably placed on the property. Additionally, screening, weather protection and appropriate drainage will be provided in a manner appropriate to the design. ✓ d. Conforms to the intent and purpose of the Code. Staff Comment: See comments under criterion ‘b’. ✓ e. Can be shown to be justified and required for the use and situation intended; and Staff Comment: See comments under criterion ‘b’. DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 City of Renton Department of Community & Economic Development State Farm Modifications Administrative Modification Report & Decision LUA23-000166, MOD Report of June 15, 2023 Page 5 of 6 D_StateFarmMod_v2 E. DECISION: The proposal satisfies all criteria listed in RMC 4-9-250D for approval of modifications. Therefore, the State Farm Modifications File No. LUA23-000166, MOD, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on June 15, 2023 to the Owner/Applicant/Contact: Owner: Applicant/Contacnt: Evan Silver 3418 SE 6th St, Renton, WA 98058 Tam Design, Attn: Calvin Tam 10040 Sandpoint Way NE, Seattle, WA 98125 TRANSMITTED on June 15, 2023 to the Parties of Record: None TRANSMITTED on June 15, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Matt Herrera, Current Planning Manager Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appeale d in writing to the Hearing Examiner on or before 5:00 PM on June 29, 2023. An appeal of the decision must be filed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 6/15/2023 | 2:19 PM PDT City of Renton Department of Community & Economic Development State Farm Modifications Administrative Modification Report & Decision LUA23-000166, MOD Report of June 15, 2023 Page 6 of 6 D_StateFarmMod_v2 RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: State Farm Modifications Land Use File Number: LUA23-000166, MOD Date of Report June 15, 2023 Staff Contact Andrew Van Gordon Associate Planner Project Contact/Applicant Calvin Tam Tam Design 10040 Sand Point Way NE, Seattle, WA 98125 Project Location 3418 SE 6th St (APN 512900326) The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Modification Request Justification from RMC 4-4-090 Exhibit 3: Site Plan and Elevations Exhibit 4: Email from Republic Services NW to the Applicant DocuSign Envelope ID: 9B2A4A27-43EE-4D9A-8B1F-F05BD7757CD1