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HomeMy WebLinkAboutD_Samshar_Management_LLC_&_Shiras_Ventures_LLC_Street_Modification_200920_v3DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Samshar Management LLC & Shiras Ventures LLC Street Modification_20230920_v3 A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: September 22, 2023 Project File Number: PR22-000111 Project Name: SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Land Use File Number: LUA23-000181, MOD Project Manager: Nathan Janders, Development Engineering Manager Owner: Samshar Management LLC and Shiras Ventures LLC, 1302 N 30th St, Renton, WA 98056 Applicant/Contact: Signature General Construction INC., Kevin Singh, 14208 4th S Burien, WA 98168 Project Location: 1002 N 31st St, Renton, WA 98056 (APN 3342101725) Project Summary: The applicant, Signature GCI, is requesting a street modification to the final configuration of the proposed Alley. The street modification is for a reduction of the Alley ROW from 16 feet to 12. Site Area: 0.18 acres B. EXHIBITS: Exhibit 1: Administrative Modification Decision Exhibit 2: Site Plan Exhibit 3: Street Modification Request Justification Letter Exhibit 4: Street Modification Partial Withdrawal Request C. PROJECT DESCRIPTION/BACKGROUND The applicant is requesting a modification from Renton Municipal Code (RMC) 4-6-060F.2 to allow a reduction in the minimum Alley ROW width from 16 feet standard to 12 feet. The City of Renton was dedicated the 12-foot Alley as a part of the Hillmans Lake Washington Garden of Eden #1 subdivision, recorded in July of 1904. While Right-of-Way, the alley has not been improved and over the years homeowners have used land within the ROW to erect fences, build sheds, install landscaping, etc. Per RMC 4-4-080.F.7.b, for properties within the R-6 and R-8 zones abutting an alley, all parking areas and/or attached or detached garages shall not occur in front of the building and/or in the area between the front lot line and the front building line; parking areas and garages must occur at the rear or side of the building, and vehicular access shall be taken from the alley. The subject property is zoned R-8. 162nd Ave SE DocuSign Envelope ID: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4 City of Renton Department of Community & Economic Development SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Administrative Modification Report & Decision LUA23-000181, MOD Report of September 22, 2023 Page 2 of 5 D_Samshar Management LLC & Shiras Ventures LLC Street Modification_200920_v3 D. FINDINGS OF FACT (FOF): 1. The Development Engineering Division of the City of Renton received a Master Land Use application on July 10, 2023, accepted the above application for review on July 17, 2023 and determined the application complete on July 17, 2023. The project complies with the 120-day review period. a. The above application included a modification request with two parts. Part 1 is to reduce the ROW width from 16 feet to 12 feet. Part 2 is to reduce the paved alley width from 12 feet to 10 feet adjacent to encroachments. 2. The applicant’s submittal materials comply with the requirements necessary to process the modification request. 3. The project site is located at 1002 N 31st St, Renton, WA 98059. 4. The project site received civil construction permit (C23000097) approval on May 5, 2023. 5. The project site received a land use (LUA23-000279) approval on August 23, 2023 to front load the property from N 31st St instead of alley load the property. 6. The project site received building permit (B22002722) approval on August 29, 2023. a. The approved building permit depicts garage loading from N 31st St, consistent with LUA23-000279, and removed the alley (see FOF 5). b. A condition of approval was added to construction permit C23000097 on August 21, 2023 to provide a revised construction plan that depicts a driveway along N 31st and removal of the alley for consistency with the approved site plan in building permit B22002722 (see FOF 5). 7. The applicant submit a written request on September 20, 2023 to withdraw a portion of the request accepted on July 17, 2023. The withdrawn portion is for the reduction in alley paved width from 12 feet to 10 feet due to the alley no longer being proposed for construction (see also FOF 5 and 6). 8. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. 9. The site is located within the Residential-8 (R-8) zoning classification. 10. Modification Analysis: The applicant is requesting a modification from RMC 4-6-060, Street Standards, for the Alley ROW width. Specifically, the applicant is proposing the following modification: Modify the alley standard to reduce the ROW width from 16 feet to 12 feet. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250D. Therefore, staff is recommending approval of the requested modification, 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 Comprehensive Plan’s Land Use Element Goal L-B is to “Continue to build Renton’s Regional Growth Center consistent with VISION 2040 to provide compact, pedestrian-oriented, mixed-use development to meet the demands of population and employment growth, while reducing the transportation-related and environmental impacts of growth.” DocuSign Envelope ID: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4 City of Renton Department of Community & Economic Development SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Administrative Modification Report & Decision LUA23-000181, MOD Report of September 22, 2023 Page 3 of 5 D_Samshar Management LLC & Shiras Ventures LLC Street Modification_200920_v3 Staff concurs the proposed street modification implements the policy direction of the Comprehensive Plan and is the minimum adjustment necessary. Community design aspects of the Comprehensive Plan address walkable neighborhoods, safety, and shared uses. The intent of the policies is to promote new development with walkable places that support grid and flexible grid street and pathway patterns, and are visually attractive, safe, and healthy environments. The requested street modification is consistent with these policy guidelines. While the proposed modification reduces the ROW width, the reduction does not impact the ability to install a paved surface adequate for vehicular travel.  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 modification provides for a functional alley given the existing encroachments. Staff concurs the proposed street modification request achieves these standards as follows: • Safety: The proposed modification does not have a negative impact on the alley safety. • Function/Appearance: The proposed modification provides a ROW width that is adequate for vehicular travel. Further, the original platted properties within the neighborhood are typically 5100 SF or 50’x102’. Dedication of 2 feet abutting the alley along the properties rear, or 100 SF, in addition to dedication of 1.5 feet abutting the Residential Access Street along the properties front, or 75 SF, would result in non-conforming lot size. • Environmental Protection: The proposed modification results in a decreased disturbance within the right of way thus the environmental hazard potential associated with road improvement construction is lessened. • Maintainability: The reduction in ROW width results in less maintenance requirements by the City. The proposed modification would meet the objectives of safety, function, appearance, Environmental Projection, and maintainability intended by the code requirements. City staff has reviewed the Alley and have determined that a modified Alley ROW width is the most suitable solution for the development. The determination is based on the fact that retention of Alley ROW results in conforming lot sizes while still providing sufficient ROW width to provide the prescribed paved width.  c. Will not create substantial adverse impacts to other property(ies) in the vicinity. Staff Comment: Staff has not identified adverse impacts to other properties from the requested modification. See also comments under criterion ‘b’.  d. Conforms to the intent and purpose of the Code. Staff Comment: Staff concurs the proposed modification meets the intent and purposes of the Code. See also comments under criterion ‘b’.  e. Can be shown to be justified and required for the use and situation intended. DocuSign Envelope ID: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4 City of Renton Department of Community & Economic Development SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Administrative Modification Report & Decision LUA23-000181, MOD Report of September 22, 2023 Page 4 of 5 D_Samshar Management LLC & Shiras Ventures LLC Street Modification_200920_v3 Staff Comment: Staff concurs that the modification is justified given that it provides a safe and functional pedestrian experience. See also comments under criterion ‘b’. E. DECISION: The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the Samshar Management Demo & SFR, File No. LUA23-000181, MOD is approved: for the construction of the frontage improvements exclusively for Samshar Management Demo & SFR, permitted under C23000097. This approval may not extend to new development projects along the Alley. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Current Planning Manager Date TRANSMITTED on September 22, 2023 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Samshar Management LLC Shiras Ventures LLC 1302 N 30th St Renton, WA 98056 Signature GCI Kevin Singh 14208 4th S Burien, WA 98168 TRANSMITTED on September 22, 2023 to the Parties of Record: No Parties of Record TRANSMITTED on September 22, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Andrew Van Gordon, Associate Planner 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 appealed in writing to the Hearing Examiner via the City Clerk’s Office on or before 5:00 PM on October 6, 2023. 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. DocuSign Envelope ID: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4 9/22/2023 | 7:43 AM PDT City of Renton Department of Community & Economic Development SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Administrative Modification Report & Decision LUA23-000181, MOD Report of September 22, 2023 Page 5 of 5 D_Samshar Management LLC & Shiras Ventures LLC Street Modification_200920_v3 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. 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: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: SAMSHAR MANAGEMENT DEMO & SFR - Street Modification Land Use File Number: LUA23-000181, MOD Date of Report September 22, 2023 Staff Contact Nathan Janders, Development Engineering Manager Project Contact/Applicant Signature GCI Kevin Singh 14208 4th S Burien, WA 98168 Project Location 1002 N 31st St, Renton, WA 98056 The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Modification Decision Exhibit 2: Site Plan Exhibit 3: Street Modification Request Justification Letter Exhibit 4: Street Modification Partial Withdrawal Request DocuSign Envelope ID: 8CB8C818-2FC1-4ACD-89EE-27BBA684DEE4