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HomeMy WebLinkAboutD_Admin_Variance_Sounders_Fence_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Variance Sounders Fence_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: September 20, 2023 Project File Number: PR22-000301 Project Name: Sounders FC Center at Longacres Fence Height Variance Land Use File Number: LUA23-000290, V-A Project Manager: Jill Ding, Senior Planner Owner: Unico Longacres South Building LLC, Unico Longacres South Campus Land LLC, Unico Longacres Central Drainage LLC, 1326 5th Ave, Suite 800, Seattle, WA 98101 Applicant: Unico Properties and Seattle Sounders FC, 1215 4th Ave, Suite 600, Seattle, WA 98161 Contact: Tom Chiado, Chiado LLC on behalf of Seattle Sounders FC, 406 Occidental Ave S, Seattle, WA 98104 Project Location: 1901 Oakesdale Ave SW, Renton, WA 98057 (Parcel Nos. 0886700220, 0886700110, 0886700130, 0886700210, 0886700370, and 0886700140) Project Summary: The applicant is requesting an administrative Fence Height Variance for proposed fencing at the Sounders FC training facility. Some of the proposed fencing would exceed the eight-foot (8') maximum fence height requirements. The fencing that would exceed the maximum eight-foot (8') height limit would include: ten-foot (10') field perimeter security/privacy/ball-control fencing, twenty-five-foot (25') ball control fence/net systems, and ten-foot (10') security/privacy secure player parking lot perimeter fencing. Ball control and security fencing would consist of color-clad (black) galvanized steel chain line with netting in select places of two-inch (2") mesh woven fabric. The ten-foot (10') perimeter fencing would be treated with a visual screen (which could include fabric or vinyl strips) for training privacy as well as serving as a windscreen. The project site is located within the Commercial Office (CO) zone and the Employment Area (EA) comprehensive plan land use designation. Site Area: approx 30 acres Grant Ave S S 9th St DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 2 of 8 D_Admin Variance Sounders Fence_FINAL B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Fence Elevation Exhibit 4: Variance Justification C. GENERAL INFORMATION: 1. Owner(s) of Record: Unico Longacres South Building LLC Unico Longacres South Campus Land LLC Unico Longacres Central Drainage LLC 1326 5th Ave, Suite 800 Seattle, WA 98101 2. Zoning Classification: Commercial Office (CO) 3. Comprehensive Plan Land Use Designation: Employment Area (EA) 4. Existing Site Use: Sounders FC Center 5. Critical Areas: The project site is mapped with high seismic hazard areas, wetlands, and flood hazard areas. 6. Neighborhood Characteristics: a. North: Office use, CO zone b. East: Bright Horizons Daycare, CO zone c. South: Kaiser Permanente, CO zone d. West: Vacant, CO zone 7. Site Area: approx 30 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation (McBean) N/A 1745 04/19/1959 Site Plan Approval and Conditional Use Permit LUA22-000357 N/A 01/12/2023 Site Plan Modification LUA23-000103 N/A 04/06/2023 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 3 of 8 D_Admin Variance Sounders Fence_FINAL b. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 City-Wide Property Development Standards a. Section 4-4-040: Fences, Hedges, and Retaining Walls 4. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 5. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on August 30, 2023 and determined the application complete on August 30, 2023. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-4). 3. The project site is located at 1901 Oakesdale Ave SW, Renton, WA 98057 (Parcel Nos. 0886700220, 0886700110, 0886700130, 0886700210, 0886700370, and 0886700140). 4. The project site is currently being developed as the Sounders FC Center at Longacres (see LUA22-000357 and LUA23-000103). 5. Access to the site is provided via existing curb cuts off Oakesdale Ave SW. 6. The property is located within the Employment Area (EA) Comprehensive Plan land use designation. The project complies with the goals and policies of this Comprehensive Plan land use designation: Compliance Comprehensive Plan Analysis ✓ Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream courses and their floodplains, wetlands, ground water resources, wildlife habitats, and areas of seismic and geological hazards. ✓ Policy L-29: Protect the integrity of natural drainage systems, existing land forms, and maintain wildlife habitat values by preserving and enhancing existing vegetation and tree canopy coverage to the maximum extent possible and by restoring hydrological flows and improving the condition of shorelines. ✓ Policy L-30: Maintain or increase the quantity and quality of wetlands. Development activities shall not decrease the net acreage of existing wetlands. ✓ Policy L-31: Protect buffers along wetlands and surface waters to facilitate infiltration and maintain stable water temperatures, provide for biological diversity, reduce amount and velocity of run-off, and provide for wildlife habitat. DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 4 of 8 D_Admin Variance Sounders Fence_FINAL ✓ Policy L-34: Ensure buildings, roads, and other features are located on less sensitive portions of a site when sensitive areas are present. ✓ Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine hazards should be designed to prevent property damage and environmental degradation before, during, and after construction. ✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive. ✓ Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. 7. The site is located within the Commercial Office (CO) zoning classification. 8. The applicant is proposing to comply with the tree retention plan approved under LUA22-000357. 9. The project site is mapped with high seismic hazard areas, wetlands, and flood hazard areas. 10. The following variance to exceed the fence height restrictions of the Commercial Office (CO) zone has been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-4-040 Fences, Hedges, and Retaining Walls Maximum Height: In any commercial zone, the maximum height of any fence, hedge or retaining wall shall be eight feet (8’), provided the fence does not pose a traffice or vision hazard. Some of the fencing proposed by the Sounders would exceed the maximum 8’ height requirement. The fencing that would exceed the maximum eight-foot (8') height limit would include: ten-foot (10') field perimeter security/privacy/ball-control fencing, twenty-five-foot (25') ball control fence/net systems, and ten-foot (10') security/privacy secure player parking lot perimeter fencing. Ball control and security fencing would consist of color- clad (black) galvanized steel chain line with netting in select places of two-inch (2") mesh woven fabric. The ten-foot (10') perimeter fencing would be treated with a visual screen (which could include fabric or vinyl strips) for training privacy as well as serving as a windscreen. 11. No public or agency comment letter(s) were received. 12. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 13. Pursuant to WAC 197-11-800(6)(e), land use decisions are categorically exempt from the State Environmental Policy Act (SEPA) for the granting of a variance based on special circumstances, not DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 5 of 8 D_Admin Variance Sounders Fence_FINAL including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density. 14. Variance Analysis: The proposal is compliant with the following variance criteria, pursuant to RMC 4-9- 250.B.5. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: The HEX Decision (LUA22-000357) granted the Applicant a conditional use permit for the site for use as a Major League Soccer (MLS) training facility, including outdoor practice and training fields and facilities. The applicant contends that fencing over 8’ in height is required for player and site security, and ball control. The 10’ perimeter fence is the minimum needed to secure the site and generally contain balls within the field facility, and the additional 15’ of ball -control netting above the fence (25’ total height) will be installed onl y in strategic locations where needed to contain errant kicks on goal. The ball-control fencing is needed to protect players from adjacent field play, and to safeguard users of adjacent trails, access and maintenance drives and facilities, and parking areas. In those locations, occupants and guests of the existing onsite office building (Building 25-20), including players and other team personnel, and people using the on-site trail system, will be within reach of errant balls from play on the fields. The 10’ fence height is industry standard for Major League Soccer (MLS) field facilities and exceeds the permitted height by only 2 feet. This is considered the minimum height needed for security and safety. Proper containment of soccer balls within the practice facility cannot occur without the requested fence and netting heights. Reducing the height of field fencing is not an option due to safety considerations for people using surrounding trails, site access drives, and parking areas. Player security is also a concern and fencing needs to be a minimum of 10’ high to prevent entry by potential intruders. Without the variance, the applicant would not be able to make use of the site for the use that has been permitted. Staff has reviewed the proposed variance request and concurs that strict adherence to the commercial fence height limitations would cause unnecessary hardship by depriving the applicant the ability to comply with the industry standards for MLS field facilities, as well as for the control of errant soccer balls, and for providing site security. ✓ b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant contends that the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone. The granting of the variance would aid in preventing damage to property and/or injury to players, spectators and bystanders. The proposed fencing and netting is designed per league best practices for ball containment and safety. The fields are located away from the public street and behind DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 6 of 8 D_Admin Variance Sounders Fence_FINAL building 25-20, so the over height fencing would not interfere with street use and would have the least impact on aesthetics. From outside the field facility, views of the fencing would be softened by landscaping approved under LUA22-000357. Staff has reviewed the applicant’s justifications and concurs that the proposed fencing would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on the site and neighborhood characteristics. The granting of the variance wo uld not have a negative visual impact on the surrounding property owners due to the location of the fencing away from Oakesdale Ave SW and behind Building 25-20. A landscape plan was reviewed and approved under LUA22-000357, which included landscaping around the perimeter fencing which would provide a visual buffer of the fence. ✓ c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: The applicant contends that the approval would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone. The height variance enables the applicant to safely conduct an outdoor recreational sporting activity, a permitted use at the site under LUA22-000357, and is not a privilege as there are no other similar uses in the vicinity. Staff has reviewed the applicant’s justifications and concurs that the granting of the variance would not constitute a grant of special privilege inconsi stent with other properties in the vicinity and under the same zoning designation. The granting of this variance would allow the applicant to comply with MLS industry standards for field fencing, as well as providing adequate control of errant soccer balls , and providing adequate security onsite for players and staff. ✓ d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the proposed height is the minimum height to most effectively contain errant soccer balls within the practice fields and provide site security. The height of the fencing is based on MLS industry standards and Sounders FC’s lengthy experience managing professional soccer facilities. Staff reviewed the variance request and concludes that the proposed fence heights would be the minimum required in order to meet the project goals which include providing adequate onsite security and controlling errant soccer balls. H. CONCLUSIONS: 1. The subject site is located in the Employment Area (EA) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 6. 2. The subject site is located in the Commercial Office (CO) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code, see FOF 7. 3. The proposed fence height variance complies with the Variance Criteria provided the applicant complies with City Code, see FOF 14. DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 7 of 8 D_Admin Variance Sounders Fence_FINAL I. DECISION: The Sounders FC Center at Longacres Fence Height Variance, File No. LUA23-000290, V-A, as depicted in Exhibit 3, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Acting Planning Director Date TRANSMITTED on September 20, 2023 to the Owner/Applicant/Contact: Contact: Tom Chiado, Chiado LLC on behalf of Seattle Sounders FC 406 Occidental Ave S Seattle, WA 98104 TRANSMITTED on September 20, 2023 to the Parties of Record: No Parties of Record TRANSMITTED on September 20, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Manager Gina Estep, Economic Development Director Nate Janders, Development Engineering Manager Anjela Barton, Fire Marshal J. 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 appealed in writi ng to the Hearing Examiner on or before 5:00 PM on October 4, 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. Owner: Applicant: Unico Longacres South Building LLC Unico Longacres South Campus Land LLC Unico Longacres Central Drainage LLC 1326 5th Ave, Suite 800 Seattle, WA 98101 Unico Properties and Seattle Sounders FC 1215 4th Ave, Suite 600 Seattle, WA 98161 DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A 9/20/2023 | 11:35 AM PDT City of Renton Department of Community & Economic Development Sounders FC Center at Longacres Fence Height Variance Administrative Report & Decision LUA23-000290, V-A Report of September 20, 2023 Page 8 of 8 D_Admin Variance Sounders Fence_FINAL EXPIRATION: The Variance 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. 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: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Sounders FC Center at Longacres Fence Height Variance Land Use File Number: LUA23-000290, V-A Date of Report September 20, 2023 Staff Contact Jill Ding Senior Planner Project Applicant/Contact Tom Chiado Chiado LLC on behalf of Seattle Sounders FC 406 Occidental Ave S, Seattle, WA 98104 Project Location 1901 Oakesdale Ave SW, Renton, WA 98057 The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Fence Elevation Exhibit 4: Variance Justification DocuSign Envelope ID: 8F5C50ED-3E8B-40E6-8E48-F06D7E6F038A