HomeMy WebLinkAboutD_ChickfilAMod_FinalDEPARTMENT OF COMMUNITY
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D_ChickfilAMod_Final
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: October 24, 2023
Project File Number: PR18-000439
Project Name: Chick-Fil-A Parking Modification
Land Use File Number: LUA23-000337, MOD
Project Manager: Andrew Van Gordon, Associate Planner
Owner: Toula Properties, LLC, 3801 – 92nd Ave NE, Bellevue, WA 98004 / Nelson Gould, LLC,
10620 NE 174th Pl, Bothell, WA 98011
Applicant: Chick-fil-A, Inc., 105 Progress, Irvine, CA 92618
Contact: Estefania Escamilla, 4G Development & Consulting, P.O. Box 270571, San Diego, CA
92198
Project Location: 351 and 375 Rainier Ave S, Renton, WA 98057 (APN 007200126, 007200149)
Project Summary: The applicant is requesting a modification to exceed the maximum ratio of 30 percent
(30%) compact stalls as required by RMC 4-4-080F8ciii. Twenty-eight (28) compact
parking stalls out of a total of 54 on-site are proposed. This is a ratio of 52 percent
(52%). The requested modification is in conjunction with C23000412, a civil
construction permit. The subject property is comprised of two (2) lots totaling 1.28
acres (55,977 square feet) and is located in the Commercial Mixed Use
Comprehensive Plan land use designation and the Commercial Arterial (CA) zoning
classification with the Urban Design District D overlay design. The submitted site plan
(Exhibit 2) has been reviewed for compliance with the proposed compact parking
stall modification only and other aspects of the site’s requirements including, but not
limited to landscaping, frontage improvements, and refuse and recycling would be
reviewed with the above referenced civil construction permit and/or forthcoming
building permit application.
Site Area: 1.28 acres
DocuSign Envelope ID: 9947F72D-070B-4AB5-B682-ABF71D336DBF
City of Renton Department of Community & Economic Development
Chick-Fil-A Parking Modification
Administrative Modification Report & Decision
LUA23-000337, MOD
Report of October 24, 2023 Page 2 of 5
D_ChickfilAMod_Final
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Modification Request Justification
Exhibit 4: LUA21-000440 Administrative Decision, July 27, 2022
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review September
29, 2023 and determined the application complete on October 3, 2022. The project complies with the
120-day review period.
2. The project site is located 351 and 375 Rainier Ave S, Renton, WA 98057 (APN 007200126, 007200149).
3. The project site is currently developed the existing Chick-fil-A restaurant.
4. Access to the site would be provided via access off Rainier Ave S and an existing access easement from
the Renton Shopping Center to the west.
5. The property is located within the Commercial Mixed use (CMU) Comprehensive Plan land use
designation.
6. The site is located within the Commercial Arterial (CA) zoning classification.
7. The site is mapped with a High Seismic Hazard Area and Wellhead Protection Area: Zone 2.
8. The applicant is proposing to begin construction when C23000412 is issued with no provided end date.
9. 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.
10. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080F8ciii, Maximum
Number of Compact Spaces Outside of the UC Zones in order to increase the number of compact parking
stalls from 30 percent (30%) to 52 percent (52%). (Exhibit 2) The proposal is compliant with the following
modification criteria, pursuant to RMC 4-9-250. Therefore, staff is recommending approval of the
requested modification:
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 proposed modification implements the
policies and objectives of the Comprehensive Plan through Community Planning
Element Policy CP-3 and Land Use Element Policy L-2. (Exhibit 3) They also contend that
the proposed modification is the minimum necessary as it retains 54 parking stalls, the
minimum needed to meet parking requirements for the use while still maintaining the
landscaping as conditioned through the approval of LUA21-000440 (Exhibit 4).
DocuSign Envelope ID: 9947F72D-070B-4AB5-B682-ABF71D336DBF
City of Renton Department of Community & Economic Development
Chick-Fil-A Parking Modification
Administrative Modification Report & Decision
LUA23-000337, MOD
Report of October 24, 2023 Page 3 of 5
D_ChickfilAMod_Final
Additionally, the modification would maintain the minimum drive aisle width of 24 feet
(24’) as required through RMC 4-4-080F9b, Ninety Degree (90°) Parking Aisle Width
Minimums.
Staff concurs that the proposed modification would substantially implement the policy
direction of the policies and objectives of the Comprehensive Plan Land Use Element
and the Community Design aspects of that element. As part of the analysis for LUA21-
000440 staff determined that 20 parking stalls would not be adequate to serve the
restaurant. The applicant has already reduced the proposed number of stalls from 58
on-site stalls (as approved through LUA 21-000440) to 54 stalls. Providing additional
on-site compact stalls maximizes land use efficiency (Policy L-2) by keeping needed
parking on-site. Additional compact stalls also continue to accommodate enhanced
vegetation areas as approved through LUA21-000440. By doing this the project
continues to implement Comprehensive Plan Policy L-60 which calls for improving the
appearance of parking lots through landscaping.
Staff also concurs that the proposed modification would be the minimum adjustment
necessary. As referenced above, the proposal has reduced the number of on -site parking
stalls from 58 stalls to 54 stalls. Increasing the number of compact stalls maintains the
enhanced vegetation areas and avoids needing additional modification, such as
reducing the drive aisle width, to accommodate the needed number of parking stalls
and enhanced vegetation.
✓
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 would not
decrease safety, function, appearance, environmental protection and maintainability.
Where possible full-size stalls, minimum drive aisle requirements and vegetation
requirements are being met. Increasing the number of compact stalls prevents
additional modifications, such as reducing the minimum required drive aisle width, from
being needed.
Staff concurs the proposed modification would meet the objectives of function and
maintainability intended by the code requirements. Enhanced Vegetation areas will also
be maintained as required through LUA21-000440. Staff has not seen evidence that
increasing the number of compact stalls will negatively impact safety or function of the
surface parking lot. Drive aisles will be maintained at 24 feet (24’), the minimum
required by code and exceed the minimum width of 20 feet (20’) necessary for
emergency vehicle access.
✓
c. Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment: The applicant contends that the proposed modification will not be
injurious to other properties in the vicinity. The proposed modification will allow for the
needed parking to be accommodated on-site while still accommodating the required
larger landscaping areas, connectivity through the site and code compliant drive aisles.
Staff concurs that the modification would not be injurious to other properties in the
vicinity.
✓
d. Conforms to the intent and purpose of the Code; and.
Staff Comment: See comments under criterion ‘b’.
DocuSign Envelope ID: 9947F72D-070B-4AB5-B682-ABF71D336DBF
City of Renton Department of Community & Economic Development
Chick-Fil-A Parking Modification
Administrative Modification Report & Decision
LUA23-000337, MOD
Report of October 24, 2023 Page 4 of 5
D_ChickfilAMod_Final
✓
e. Can be shown to be justified and required for the use and situation intended.
Staff Comment: See comments under criterion ‘b’.
E. DECISION:
The proposal satisfies five of the five criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the
Chick-Fil-A Parking Modification (MOD), File No. LUA23-000337, MOD, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Acting Planning Director Date
TRANSMITTED on October 24, 2023 to the Owner/Applicant/Contact:
Owner: Toula Properties Owner: Nelson Gould, LLC Applicant: Chick-fil-A
Contact: 4G Development
and Consulting
3801 – 92nd Ave NE,
Bellevue, WA 98004
10620 NE 174th PL, Bothell,
WA 98011
105 Progress, Irvine,
CA 92618
Estefania Escamilla, P.O.
Box 270571, San Diego,
CA 92198
TRANSMITTED on October 24, 2023 to the following:
Vanessa Dolbee, Interim CED Administrator
Brianne Bannwarth, Development Engineering Director
Gina Estep, Economic Development Director
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 appealed in writing to the Hearing
Examiner on or before 5:00 PM on November 7, 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: 9947F72D-070B-4AB5-B682-ABF71D336DBF
10/24/2023 | 2:02 PM PDT
City of Renton Department of Community & Economic Development
Chick-Fil-A Parking Modification
Administrative Modification Report & Decision
LUA23-000337, MOD
Report of October 24, 2023 Page 5 of 5
D_ChickfilAMod_Final
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: 9947F72D-070B-4AB5-B682-ABF71D336DBF
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Chick-Fil-A Parking Modification
Land Use File Number:
LUA23-000337, MOD
Date of Report
October 24, 2023
Staff Contact
Andrew Van Gordon
Associate Planner
Project Contact/Applicant
Estefania Escamilla
4G Development &
Consulting
P.O. Box 270571, San Diego,
CA 92198
Project Location
351 and 375 Rainier Ave S,
Renton, WA 98057 (APN
007200126, 007200149)
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Modification Request Justification
Exhibit 4: LUA21-000440 Administrative Decision, July 27, 2022
DocuSign Envelope ID: 9947F72D-070B-4AB5-B682-ABF71D336DBF