HomeMy WebLinkAboutWalker ltr Denis Law Mayor
City Clerk-Jason A.Seth,CMC
March 6, 2018
John Walker
Teutsch
1610 Broadmoor Dr. E.
Seattle, WA 98112
Subject: Hearing Examiner's Final Decision
RE: Merrill Gardens at Renton Addition (LUA-17-000827)
Dear Mr. Walker:
Enclosed please find the Hearing Examiner's Final Decision dated March 5, 2018. This
document is immediately available:
• Electronically online at the City of Renton City Clerk Division website at
old.rentonwa.gov/cityclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Matthew Herrera,Senior Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Katie Buchl-Morales,Secretary,Planning Division
Julia Medzegian,City Council Liaison
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9
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10 RE: Merrill Gardens at Renton Addition )
FINAL DECISION
11 Site Plan and Street Modification
12 )
LUA17-000827, ECF, SA-H, MOD )
13 )
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14
15 Summary
16 The applicant has applied for site plan approval, a parking modification and a street improvement
17 modification. The proposed project is an addition to the existing Merrill Gardens assisted living
facility located at 104 Burnett Avenue S. in the Center Downtown zone. The proposed addition
18 would be six stories and would provide an additional 30 units as assisted living and 24 memory care
units. There will also be common areas, exterior upper floor amenity spaces and ground floor
19 amenity spaces. An existing 11,657sf warehouse on site would be demolished. The applicant
20 requests a street modification from RMC 4-6-060 standards along Williams Avenue S. to maintain
the existing curb line. The applicant has requested a parking standards modification from RMC 4-4-
21 080 to utilize the existing assisted living facility's 92-space parking garage in lieu of providing
additional off-site parking. The site plan, parking modification and street improvement modification
22 are approved with conditions.
23
Testimony
24
25 Matt Herrera, Renton Senior Planner, summarized the Staff Report. In response to examiner
26 questions regarding the fact that on-site parking is restricted to employees and residents, Mr. Herrera
responded that the City's parking standards for the proposal don't apply to guest parking, that on-
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 1
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street parking is used for that purpose. The parking restricted to employees on the project site
2 complies with City parking standards.
3 In response to examiner questions, Shelly Thompson, applicant representative, responded that current
4 off street parking is open to guests but rarely used by guests.
5 Exhibits
6 The February 13, 2018 Staff Report Exhibits 1-22 identified at Section B of the Staff Report were
7 admitted into the record during the hearing. In addition, the following exhibits were admitted during
the hearing.
8
Exhibit 23 City of Renton PowerPoint
9 Exhibit 24 City of Renton COR maps
10 Exhibit 25 Google aerial maps of project site
Exhibit 26 2/13/18 Staff report
11
Findings of Fact
12
13
Procedural:
14
1. Applicant. MGP 47, LLC, as represented by John Walker of Teutsch Partners, 1610
15 Broadmoor Dr E, Seattle, WA 98112
16
2. Hearing. The Examiner held a hearing on the subject application on February 13, 2018 in the
17 City of Renton Council Chambers.
18 Substantive:
19 3. Project Description. The proposed project is an addition to the existing Merrill Gardens
20 assisted living facility located at 104 Burnett Avenue S. in the Center Downtown zone. The proposed
60,000sf addition would be six stories and would provide an additional 30 units as assisted living
21 and 24 memory care units. There will also be common areas, exterior upper floor amenity spaces and
ground floor amenity spaces. The addition will front the Williams Avenue S. right of way, though no
22 public access will be provided on the ground floor of the addition. Primary access to the facility
23 would remain on the Burnett Ave S frontage with vehicle access within the public alley. Vehicle
access to the site is provided via a mid-block alley accessed from S. Tobin St between Burnett Ave S
24 and Williams Ave S. The alley has an easterly return to Williams Ave S approximately 470-feet
south of S Tobin St. An existing port cochere is also provided on the Burnett Ave S frontage.
25 Existing access would remain unchanged.
26 An existing 11,657sf warehouse on site would be demolished as would eight exiting vehicle parking
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 2
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spaces. Two (2) non-significant trees would be removed. Additional mature trees and vegetation
2 would remain near and around the existing Merrill Gardens building.
3 The applicant has submitted a parking modification request to utilize the existing assisted living
4 facility's 92-space parking garage to accommodate the proposed building addition and thereby
providing no new off-site parking with the application.
5
The applicant also submitted a street modification request to maintain the current curb line along the
6 Williams Ave S frontage. New public improvements include a new sidewalk, street trees, and fire
hydrant along the property's Williams Ave S frontage.
8 The subject property is located within a High Seismic Hazard Area and the eastern portion of the site
is within Wellhead Protection Zone 1. Approximately 1,000 cubic yards of material would be
9 excavated on site for footings and elevator pits. The City issued a SEPA MDNS on January 8, 2018
10 with two mitigation measures. The SEPA determination was not appealed.
11 The existing use at the site is an assisted living facility and warehouse space. The site is surrounded
by Center Downtown (CD) zoned properties in Commercial Mixed Use designated areas. Properties
12 surrounding the subject are a mix of uses. To the north are office, duplex, single-family homes and a
social service organization. To the east are single-family and multi-family homes and offices. To the
13 south are surface parking and warehouse/retail space. To the west are multi-family units and vacant
14 land.
15 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
16
17 A. Water and Sewer Service. The site is served by the City of Renton for all utilities. The
plan as proposed will provide for adequate water service. There is an existing 12-inch
18 ductile iron water main in Williams Ave S that can deliver 5,300gpm. The existing
19 warehouse structure is served by a one-inch domestic water service line and 6-inch fire
service line from the main in Williams Avenue S'.
20
21 The applicant proposes to have a separate domestic water service line from the existing
Merrill Gardens building. The utility plan (Ex. 13) identifies a 3-inch domestic water
22 meter in a vault for the new addition. The domestic water service line is connected to the
23 existing 12-inch water main in Williams Avenue S. near the southern end of the addition.
COR Std. Plan 320.4 defines the requirements for design and installation of the service
24 line and meter vault. The applicant proposes to have a separate fire service line from the
25 existing Merrill Gardens building. The utility plan identifies a 6-inch fire service line
26
The existing warehouse will be demolished.
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 3
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connected to the existing 12-inch water main in Williams Avenue S. near the southern end
2 of the building addition.
3
Sewer service is provided by the City of Renton. The plan as proposed will provide for
4 adequate sewer service. There is an existing 8-inch ductile sewer main in Williams Ave S.
5 City mapping indicates three (3) 6-inch side sewers connected to this main along the
property's frontage.
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7 The applicant's utility plan identifies the reuse of two existing 6-inch side sewers along
the project frontage. The plan calls for removal of the existing cleanouts in the sidewalk
8 for these side sewers and installation of new cleanouts at the same location. The plan then
9 shows new side sewers upstream of the new cleanout to the building. Reuse of the existing
side sewers are permitted as they are PVC. However, reuse of existing side sewers is
10 subject to inspection of the side sewers in the field.
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B. Fire and Police. Police and Fire protection are provided by the City of Renton. Adequate
12 services and facilities exist to service the proposed redevelopment provided the applicant
13 provides Code required improvements and pays the applicable fees. The 2018 Fire Impact
14 Fees are $718.56 per assisted living unit and$3.92 per square foot for medical care facility
(Memory Care Units). Fire Impact Fees are due at the time of building permit issuance.
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16 C. Drainage. Drainage from the site will be controlled via a new storm drain that connects to
the City's existing system. There is an existing 8-inch storm drain along the eastern
17 frontage of Williams Avenue S. east of the site that flows from south to north. There is an
18 existing Type 1 catch basin located along the western frontage of Williams Avenue S. that
captures right of way drainage in front of the proposed building and routes it to the 8-inch
19 storm drain referenced above.
20
A new 8-inch storm drain is proposed for the alley north of the addition as the existing
21 storm drain located in the parking lot north of the existing warehouse building will be
22 removed for construction of the addition. The new storm drain flows east to the existing 8-
inch public storm drain in Williams Avenue S. Section 4.2.1.1 of the 2017 RSWDM
23 require new storm drains in public right of way to be 12-inches. A new 12-inch storm
24 drain connection is proposed from the building to an existing type 2 catch basin on the 8-
inch storm drain in William Avenue S (COR Facility ID 166512). The applicant has also
25 proposed a proprietary green roof tray system on the landscape plan (Ex. 7) for areas
26 surrounding the rooftop amenity that should provide some flow control of roof drainage.
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 4
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D. Parks/Open Space. City development standards do not require any set-asides for parks and
2 open space. The applicant must pay a Park Impact Fee at the time of building permit
3 issuance. The 2018 Park Impact Fee is $1,858.95.
4 E. Access. Access to the site would remain via the public alley abutting the subject property.
5 No changes to access or new curb cuts are proposed. The applicant submitted a street
modification request. The street modification request would alter the cartway width of the
6 street section (per RMC 4-6-060) to a modified minor arterial street section that would
7 maintain pedestrian features of the street. The applicant proposes a new curb in the
existing curb location. A 12-foot sidewalk with trees in tree grates is proposed directly
8 behind the curb line. A right of way dedication of 2.25-feet is proposed to accommodate
9 the full width of the 12-foot sidewalk. New curb, sidewalk, street trees, and all other
frontage improvements along the Williams Avenue S. frontage would be designed and
10 installed in accordance with the City's adopted Downtown Streetscape Design Standards
11 and Guidelines (Ex. 22).
12 F. Transit and Bicycles. Access to the transit center located approximately one (1) block
13 south on S. 2nd and Burnett Ave S is provided via public sidewalk and the applicant
provides van and town car services for residents. Per RMC 4-4-080F.11.a bicycle parking
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spaces are required at 10% of the number of required off-street parking spaces. The
15 applicant has proposed on-street bicycle parking to meet Downtown Streetscape
16 Standards, however no new bicycle parking meeting off-street standards is proposed or
evidence provided that existing off-street bicycle parking is already located in the Merrill
17 Gardens building. A condition of approval will require the applicant to provide details of
18 off-street bicycle parking (existing or proposed) for review and approval by the Current
Planning Project Manager prior to building permit approval or request a formal
19 modification from the minimum bicycle parking requirements per RMC 4-9-250D2 prior
20 to building permit approval.
21 G. Parking. The subject property currently contains 92 structured parking spaces and eight(8)
22 surface parking spaces. The surface parking spaces would be removed to accommodate the
proposed building addition. The 92 structured parking spaces are located on the ground
23 floor of the existing Merrill Gardens building and accessed via the abutting alley. The
24 applicant would provide one (1) bus parking space between the existing building and the
proposed addition that would likely be obscured from public view by the addition's
25 location.
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SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 5
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Assisted living facilities are required to provide a minimum/maximum if one(1) space per
2 residential unit plus dedicated parking spaces for facility fleet vehicles. The memory care
3 units (convalescent center) are required to provide a minimum/maximum of one (1) space
for every two (2) employees plus one (1) space for every three (3) beds (RMC 4-4-
4 080(F)(10)). Per RMC 4-4-080(B)(1)(a)(ii), only the area exceeding the area of the
5 original structure shall be used to calculate required parking for building additions within
the Center Downtown zone. The applicant has requested a parking modification to provide
6 no additional off-street parking with the proposed addition, but instead utilize the existing
7 parking garage's excess capacity to satisfy the parking demand. See FOF No. 5M for a
discussion of the proposed parking impacts.
8
9 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. 4. The SEPA MDNS
10 mitigation measures in the Environmental Report(Ex. 21) are adopted as Conditions of Approval. All
other adverse impacts discernible from the record are also fully mitigated. Impacts are more
11 specifically addressed as follows:
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A. Structure Placement and Scale. As conditioned, the structure placement and scale are not
13 expected to create undue adverse impact on the adjacent residences. The building addition
provides privacy and noise reduction as it is stepped back from the existing Merrill
14 Gardens building. The residential/memory care units will be elevated from the street. The
15 step back also provides solar exposure between the addition and the existing structure.
Storefront glazing and weather protection provide for an improved pedestrian environment
16 over the existing conditions of the surface parking and a windowless warehouse. The new
addition will abut adjacent commercial and multi-family developments along the Williams
17 Avenue S. frontage. Though the new addition will be significantly taller than adjacent
structures, the pedestrian scale landscaping and window treatment will improve the
18 existing streetscape from the perspective of the ground level and will provide similar
19 massing to the existing structure.
20 B. Views. Upper story views from adjacent properties to Lake Washington should be
maintained following construction of the building addition. No obstruction of other
21 existing views of natural features are anticipated.
22
Existing view corridors should not be impacted.New views to Lake Washington, Cascade
23 and Olympic mountain ranges, and Seattle and Bellevue skylines may be possible from the
upper stories and roof top of the building addition.
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25 C. Lighting. Exterior lighting would be provided via sconces on the building addition
storefront and new public street lighting would also be provided. Excessive brightness or
26 glare offsite is not anticipated with the sconce style fixtures.
SITE PLAN, PARKING MODIFICATION & STREET
MODIFICATION 6
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Further details are needed to ensure weather protection and ornamental lighting meet
2 design intent. A condition of approval will require the applicant to provide cut-sheet
details of the proposed ornamental lighting sconces located near the building's entrance
3 and along the street façade with the building permit application. The ornamental lighting
4 fixtures shall be reviewed and approved by the Current Planning Project Manager prior to
building permit approval.
5
D. Building Entries. The building addition's entry is clearly marked as it is recessed along
6 the street façade. A metal canopy provides weather protection and is approximately 12-
7 feet above the ground elevation. Sconces are provided on the north and south side of the
recessed entrance. Planters and foundational landscaping are provided.
8
Further details are needed to ensure weather protection and ornamental lighting meet
9 design intent. A condition of approval will require the applicant to provide specifications
10 for the metal canopy that confirms the weather protection extends at least 4.5-feet from the
building's façade. The specifications shall be provided with the building permit
11 application for review and approval by the Current Planning Project Manager prior to
approval.
12
E. Ground Level Details. Ground level windows are proposed to contain clear glazing.
13 However, typical storefront activities as it relates to retail would not occur as the space
14 would be used as community room and fitness center space. To maintain the appearance
of a storefront within the property's Downtown Business District Overlay and meet the
15 ground level detail intent of ensuring that all sides of a building within near or distant
public view have visual interest, a condition of approval will require the applicant to
16 maintain visual accessibility along the ground level during typical business and daytime
17 hours. Between the hours of 8am and 7pm storefront windows shall not be covered with
blinds or other visual obstructions.
18
Additionally, as shown on the east elevation along Williams Ave S frontage (Ex. 8), a
19 blank wall is located on the southern portion of the ground floor façade greater than six (6)
20 feet in height and 15-feet in length where the water/fire room (Ex. 6) is located. The
elevation plan indicates the applicant proposes a metal green screen to be located in this
21 area. A condition of approval will require the applicant to provide an alternative method to
treat the blank wall as the landscape plan does not provide the vegetation suitable for the
22 green screen and that it is unlikely a climbing species would thrive in this location due to
23 the overhead weather protection and limited natural light the plant would receive. The
revised blank wall treatment may include but is not limited to artwork, clerestory glazing,
24 aesthetically improved door, and additional architectural detailing. The revised blank wall
treatment shall be shown on elevation plan and submitted with the building permit
25 application for review and approval by the Current Planning Project Manager prior to
permit issuance.
26
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 7
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F. Building Materials. The building contains a combination of brick, large storefront
2 windows, and fiber cement lap siding and trim. The existing Merrill Gardens building
contains similar material variations with the addition of panel siding resulting in three (3)
3 material variations; brick, lap, and panel. To maintain consistency and provide a level of
4 material variation that is commensurate with the size and scale of the addition, a condition
of approval will require the applicant to submit revised elevation sheets with the building
5 permit application that incorporates at least one (1) additional cladding material. The
revised elevations shall be reviewed and approved by the Current Planning Project
6 Manager prior to building permit approval. To further ensure the exterior cladding is made
7 from quality materials, a condition of approval will require the applicant to submit a
materials board providing sample materials and colors for the building exterior cladding.
8 The materials board shall be submitted with the building permit application for review and
approval by the Current Planning Project Manager prior to permit approval.
9
10 G. Screening. 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.
11 Therefore, a condition of approval will require the applicant to submit a separate detailed
plan set identifying the location and screening provided for all surface and roof top
12 utility/mechanical equipment with the building permit application. The plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
13 approval.
14
H. Fencing and Retaining Walls. The applicant's landscape plan(Ex. 7) identifies an eight(8)
15 foot tall fence located on the edge of the Level 2 memory care deck and Level 3
transitional care deck. The fencing provides safety and privacy for residents of the
16 development that require a heightened level of care. A condition of approval will require
17 the applicant to submit fencing details with the building permit application. Fencing
surrounding the exterior deck spaces shall be made of high quality material that
18 complements the architecture of the building. Fencing details shall be reviewed and
approved by the Current Planning Project Manager prior to building permit approval.
19
20 I. Refuse and Recycling. The applicant has proposed to utilize the existing Merrill Gardens
refuse and recycling deposit area within the existing buildings parking garage to
21 accommodate the needs of the building addition. However, details of the existing area and
its potential capacity for additional usage were not provided with the land use application.
22 Therefore, a condition of approval will require the applicant to submit detailed
specifications of the existing refuse and recycling area to confirm compliance with the
23 code. The specifications shall be reviewed and approved by the Current Planning Project
24 Manager prior to building permit approval.
25 J. Natural Features and Landscaping. As noted in FOF No. 3, limited cutting and filling is
proposed on the site as it is virtually flat. Existing vegetation on this portion of the subject
26 property will be removed including two non-significant trees, however the development.
SITE PLAN, PARKING MODIFICATION & STREET
MODIFICATION 8
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will result in additional street trees and new foundation landscaping along the building on
2 the western foundation and along the Williams Ave S frontage. Elevated plantings on
decks and the roof top is also proposed. Landscaping on the existing Merrill Gardens
3 property that includes cedar, rhododendron, and flowering cherry trees along with
4 numerous shrubs and groundcover plantings would remain.
5 The applicant's submitted landscape plan (Ex.7) provides for the preservation of one (1)
existing street tree and planting three (3) new street trees in 4'x8' tree grates abutting the
6 sidewalk curb. The applicant's utility plan (Ex. 13) proposes a new fire hydrant
7 immediately abutting a new street tree. To maintain appropriate spacing between the fire
hydrant assembly and street tree infrastructure, a condition of approval will require the
8 applicant to submit revised utility and landscape plans with the construction permit
application that relocates the fire hydrant away from the current location near the
9 building's entrance and places it further south near the water/fire room. The revised plans
10 shall be reviewed and approved by the Current Planning Project Manager prior to
construction permit issuance.
11
The existing street tree contains an obsolete 4'x4' tree grate no longer meeting the current
12 size or design standards. For aesthetic consistency, a condition of approval will require the
applicant to replace the existing street tree grate with a grate matching the three (3) new
13 street trees that are required by the Downtown Streetscape Design Standards and
14 Guidelines. The replaced grate shall be shown on the final landscape plan submitted with
the construction permit application to be reviewed and approved by the Current Planning
15 Project Manager prior to construction permit issuance.
16 The applicant proposes foundation level landscaping along the building's street side
17 frontage and planters located near the entry, which thereby improve the pedestrian
experience along the sidewalk. Additional at-grade planting is located behind the building
18 along the west façade and creates potential for stormwater infiltration in an area that
would otherwise be paved with asphalt. Planters are located on the second, third, and
19 rooftop levels providing trees, shrubs, and groundcover further enhancing the building's
20 amenity areas. The existing surface parking lot would be removed and not replaced;
therefore, no parking related landscaping would be required.
21
The applicant would be required to submit a Detailed Landscape and Irrigation Plan with
22 the building permit submittal that provides location, size, quantity, planting details, and
23 other applicable items as set forth in the RMC 4-8-120 submittal requirements.
24 K. Traffic Impact. No significant increase in traffic is anticipated as a result of the project.
The applicant submitted a Trip Generation and Parking Study memo prepared by Transpo
25 Group dated December 6, 2017 (Ex. 16). The memo provides Trip Generation data for the
proposed 30 assisted living units and 24 memory care units. 54 dwelling units of this type
26 produce 10 AM peak hour trips and 14 PM peak hour trips. A traffic impact analysis is
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 9
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only required when estimated vehicular traffic generated from a proposed development
2 exceeds 20 vehicles per hour in either the AM (6:00 — 9:00) or PM (3:00 — 6:00) peak
periods. As the 20 vehicle per hour threshold is not triggered, no further traffic analysis is
3 required. City staff is in agreement with the trip generation findings of this memo and has
4 not required any further studies.
5 The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Ex.
6 17), which 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
7 appropriate Transportation Impact Fees.
8
Increased traffic created by the development would be mitigated by payment of
9 transportation impact fees. Currently this fee is assessed at $1,464.90 per senior housing
unit and $893.23 per nursing home bed. This fee increases each year and the applicable
10 fee is paid at the time of building permit issuance.
11
L. Stormwater. No impacts from stormwater are anticipated. The applicant submitted a
12 drainage plan and Technical Information Report (TIR) (Ex. 12 and 14) prepared by DCG
dated December 1, 2017. The site is subject to the City's Peak Rate Flow Control Standard
13 (Existing Site Conditions). The site is in the Lower Cedar River drainage basin. The TIR
14 was completed in accordance with the standards found in the 2017 Renton Surface Water
Design Manual (RSWDM). The project qualifies for full drainage review. All nine core
15 and six special requirements were addressed. The project proposes a net impervious area
reduction of approximately 500 square feet.
16
17 The landscape plan (Ex. 7) identifies approximately 1,830sf of vegetated roof using a
proprietary tray system. Vegetated roofs are not required to meet the small lot Best
18 Management Practices (BMP) requirements found in Section C.1.3.1. of the RSWDM.
19 Vegetated roofs should meet the design requirements found in Section C.2.15.1 if used
towards meeting the on-site BMP requirements The TIR makes no mention of the
20 proposed vegetated roofs. The TIR claims exemptions from offsite analysis, flow control,
21 and water quality due to no change in rate, volume, duration, or location of discharges to
and from the project site. The applicant must demonstrate compliance with the RSWDM
22 in the final TIR.
23
M. Parking Impacts. The applicant submitted a Trip Generation and Parking Summary dated
24 December 6, 2017 prepared by Tranpo Group (Exhibit 16). The analysis provided parking
25 demand data from January 2014 to October 2017 for the existing Merrill Gardens 154 unit
assisted living facility. The peak number of spaces rented over this period was 34 and the
26 peak number of staff at the facility during any given time is 18 employees. The analysis
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 10
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identifies a peak demand of 52 parking spaces during maximum staffing levels and the
2 highest level of historic resident parking that results in a parking rate of 0.34 spaces per
3 dwelling unit.
4 The analysis then extrapolates from the historical parking data to determine demand for
5 the proposed 30 assisted living unit and 24 memory care unit building expansion. The 30
assisted living units were assigned the existing facility's 0.34 per unit demand rate
6 resulting in approximately 11 spaces. Memory care parking was determined using only
7 staff demand as memory care residents will not be driving. The demand rate of 0.12 spaces
per unit was used for memory care as this is the staff rate for the existing facility, resulting
8 in three (3) spaces. Using the historical data for the Merrill Gardens facility, the analysis
9 provides a parking count of 14 spaces that would be needed to accommodate the proposed
building addition.
10
11 The applicant's analysis also provided data from the Institute of Transportation Engineers
(ITE) Parking Generation (4th Edition, 2010). Parking demand for the assisted living units
12 was estimated at 0.41 spaces per dwelling unit or 12 spaces for the 30-unit addition.
13 Memory care demand for the staff was estimated at 0.14 spaces per memory care unit or
14 three (3) spaces for the 24 memory care units. The total ITE estimated demand for the
addition would be 15 parking spaces.
15
16 Both historical data from the existing Merrill Gardens facility and data from the ITE result
in similar parking demands for the proposed building addition of 14 and 15 parking
17 spaces, respectively. Data and analysis provided by the applicant's transportation engineer
18 results in a peak parking demand for the existing facility of 52 parking spaces with the
proposed addition creating a need for 14-15 parking spaces or a total of 67 spaces for the
19 completed project. The existing parking garage capacity of 92 parking spaces should then
20 accommodate the demand for both the existing facility and proposed addition with a
surplus of up to 25 spaces.
21
22 City staff received one (1) comment letter via email dated December 15, 2017 (Ex. 19)
expressing concern regarding the lack of existing on-street parking along Williams Ave S
23 and potential additional impacts of no new off-street parking for the Merrill Gardens
24 proposal. The applicant provided a response to the comment letter on February 2, 2018
(Ex. 20).
25
26 Guests of the facility would not have access to the parking garage and would likely park
on abutting surface streets or in the City's multi-level parking structure located V2 block to
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 11
1
the south at S 2nd St and Burnett Ave S. The applicant states that guests to the facility that
2 would park on the surrounding streets would likely prioritize Burnett Ave S and S Tobin
3 St as these streets are near the entrance. The building addition would not have a public
entrance and therefore Williams Ave S would not be the most convenient area for short
4 term parking.
5
N. Critical Areas. No impacts to critical areas are anticipated. The site is within a High
6 Seismic Hazard Area. The applicant's geotechnical engineer recommends the use of
7 aggregate piers to support the building's spread footings. SEPA mitigation measures were
included with the environmental threshold determination that the project comply with the
8 recommendations of the geotechnical report and any updated reports and that the
9 geotechnical engineer reviews the construction and building plans to verify the
recommendations and specifications are consistent with the geotechnical report. The
10 SEPA mitigation measures are included as conditions of approval.
11
The far eastern portion of the property is located in a Wellhead Protection Zone 1 due to
12 its proximity to the City's source of drinking water. The site's proposed residential and
13 convalescent care use is not indicative of a type of use that would potentially harm the
City's groundwater. The City's grading and excavation regulations require imported fill in
14 excess of 50 cubic yards within a Zone protection have a source statement certified by a
15 qualified professional or confirm the fill was obtained from a WDOT approved source.
16
Conclusions of Law
17
18 1. Authority. RMC 4-9-200(B)(2)(a) requires site plan review for all development in the CD
19 zone. RMC 4-9-200(D)(2)(b) defines this project as a Large Project Scale subject to review and
approval by the hearing examiner The project will result in a cumulative of over 100 attached
20 residential units (RMC 4-9-200(D)(2)(b)(i) and a building in excess of four stories or sixty feet in
21 height (RMC 4-9-200(D)(2)(b)(iv)). The site plan is classified as a Type III permit by RMC 4-8-
080(G). RMC 4-8-080(G) classifies modifications, deviations and alternatives of various code
22 standards, such as the street standard modification request in this proposal, as Type I permits, which
23 are administratively approved by Staff with no required hearing. The applicant requested a parking
modification to utilize the existing assisted living facility's parking garage and a street modification
24 to maintain the current curb line along Williams Ave. S. All three of the aforementioned permits have
25 been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under"the
highest-number procedure." The site plan has the highest numbered review procedures, so all three
26
permits must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 12
1
the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed
2 record appeal to the City Council.
3 2. Zoning/Comprehensive Plan Designations. The subject is located in the Center Downtown
4 (CD) zone. The Comprehensive Plan Land Use Designation is Commercial Mixed Use (CMU).
Overlay districts include: Design District A; Downtown Business District; and City Center Sign
5 Regulation Area.
6 3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3). Street
7 modifications are governed by RMC 4-6-060(Q)(1). Parking modifications are governed by RMC 4-
8 4-080(K)(2). All applicable criteria are quoted below in italics and applied through corresponding
conclusions of law.
9
Site Plan
10
11 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
12
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
13 including:
14 i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
15 policies, especially those of the applicable land use designation; the Community Design
Element; and any applicable adopted Neighborhood Plan;
16
ii. Applicable land use regulations;
17
18 iii. Relevant Planned Action Ordinance and Development Agreements; and
19 iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
100.
20
4. As discussed in Conclusion of Law No. 4, as conditioned, the proposal is consistent with the
21 City's comprehensive plan, as well as development and design regulations. The proposal does not
22 qualify as a Planned Action Ordinance. The Staff Report Findings of Fact and Conclusions of Law
are adopted and incorporated by reference as if set forth in full.
23
24 RMC 4-9-200(E)(3)(b): Off-Site Impacts:Mitigation of impacts to surrounding properties and
uses, including:
25
i. Structures:Restricting overscale structures and overconcentration of development on a
26 particular portion of the site;
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 13
-
1 ii. Circulation:Providing desirable transitions and linkages between uses, streets, walkways
2 and adjacent properties;
3 iii. Loading and Storage Areas:Locating, designing and screening storage areas, utilities,
4 rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
5
iv. Views:Recognizing the public benefit and desirability of maintaining visual accessibility
6 to attractive natural features;
7 v. Landscaping: Using landscaping to provide transitions between development and
8 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
9
10 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
11
5. As described in FOF No. 5A, the addition will be set back from the main building. Ground
12 level landscaping, entries and window treatments will reduce the overall appearance of the bulk of the
building. Additionally, there will be open space at the ground level to soften the appearance. No
13 driveways or curb cuts are proposed to service the addition; as such, no changes to vehicular
14 circulation are anticipate. Access to the existing parking garage is via the property's abutting alley. As
noted in FOF No. 5B, no views are affected, though some may be created in the addition's upper
15 stories. Landscaping, as described in FOF No. 5J, will provide street trees in grates and other planting
that will soften the streetscape. Deck and rooftop plantings will also be provided. Lighting will be
16 provided via sconces on the building addition storefront and new public street lighting would also be
17 provided. Excessive brightness or glare offsite is not anticipated with the sconce style fixtures. As
proposed and conditioned, no off-site impacts are anticipated.
18
RMC 4-9-200(E)(3)(c): On-Site Impacts:Mitigation of impacts to the site, including:
19
20 i. Structure Placement:Provisions for privacy and noise reduction by building placement,
spacing and orientation;
21
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
22 characteristics, views and vistas, site amenities, sunlight,prevailing winds, and pedestrian
23 and vehicle needs;
24 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
25 surfaces; and
26
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 14
1 iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
2 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
3 of planting areas so that they are less susceptible to damage from vehicles or pedestrian
4 movements.
5 6. As noted above in COL No. 5, the structure placement and scale will provide for privacy and
noise reduction by placing the addition a step back from the bulk of the existing building while
6 providing for ground level open space amenities. There are no existing natural features to protect and
7 cut and fill are minimal. As noted above in COL No. 5, landscaping will soften the appearance of the
building along the street at ground level. Further plantings along decks and the rooftop will provide
8 enhancement of open spaces. Street trees will be located in grates to protect them. There is nothing in
the record to reasonably suggest that the scale, spacing and orientation of the project could be
9 modified to provide for more privacy and noise reduction within the project site without unreasonably
interfering with the objectives of the facility. The scale of the facility will not create any adverse on-
10 site impacts. In addition, there is nothing in the record to reasonably suggest that the on-site scale of
11 the project is incompatible with sunlight, prevailing winds or natural characteristics. The comments
by Staff on this criterion, at Finding No. 22, are adopted by this reference and incorporated as if set
12 forth in full. This criterion is satisfied.
13 RMC 4-9-200(E)(3)(d):Access and Circulation:Safe and efficient access and circulation for all
14 users, including:
15 i. Location and Consolidation:Providing access points on side streets or frontage streets
16 rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
17
ii. Internal Circulation:Promoting safety and efficiency of the internal circulation system,
18 including the location, design and dimensions of vehicular and pedestrian access points,
19 drives,parking, turnarounds, walkways, bikeways, and emergency access ways;
20 iii. Loading and Delivery:Separating loading and delivery areas from parking and
pedestrian areas;
21
22 iv. Transit and Bicycles:Providing transit, carpools and bicycle facilities and access; and
23 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings,public sidewalks and adjacent properties.
24
25 7. The proposal provides for adequate access and circulation as required by the criterion above for
the reasons identified in Finding of Fact No. 4E and 5K and 5M.
26
SITE PLAN, PARKING MODIFICATION & STREET
MODIFICATION 15
1 RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
2 focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
3
8. Other than the required landscape buffers in setbacks, the City has not proposed incorporating
4 open space. However, the applicant will provide common areas, exterior upper floor amenity spaces
5 and ground floor amenity space on the Williams Avenue S. frontage. This criterion is satisfied.
6 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.
8 9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. As noted in
FOF No. 5B, no views are affected,though some may be created in the addition's upper stories.
9
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
10 systems where applicable.
11
10. As described in FOF No. 5N, there are no anticipated impacts to the Wellhead Protection
12 Area. There are no other natural systems at the site or that would be affected by the proposal.
13 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
14 facilities to accommodate the proposed use.
15 11. The project is served by adequate services and facilities as determined in Finding of Fact No.
16 4.
17 RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames,for phased projects.
18
12. No further phasing is proposed.
19
Street Modification
20
21 RMC 4-9-250(A)(3): Modification: To modify a Code requirement when there are practical
difficulties involved in carrying out the provisions of this Title when a special individual reason
22 makes the strict letter of this Code impractical.
23 RMC 4-9-250(D)(2): Decision Criteria: Whenever there are practical difficulties involved in
24 carrying out the provisions of this Title, the Department Administrator may grant modifications for
individual cases provided he/she shall first find that a specific reason makes the strict letter of this
25 Code impractical, that the intent and purpose of the governing land use designation of the
26 Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of
this Code, and that such modification: •
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 16
1 a. Substantially implements the policy direction of the policies and objectives of the
2 Comprehensive Plan Land Use Element and the Community Design Element and the
proposed modification is the minimum adjustment necessary to implement these policies and
3 objectives;
4
b. Will meet the objectives and safety, function, appearance, environmental protection and
5 maintainability intended by the Code requirements, based upon sound engineering judgment;
6 c. Will not be injurious to other property(ies) in the vicinity;
7 d. Conforms to the intent and purpose of the Code;
8
e. Can be shown to be justified and required for the use and situation intended; and
9
f Will not create adverse impacts to other property(ies) in the vicinity.
10
11 13. The applicant is requesting a modification from RMC 4-6-060 in order to modify the minor
arterial street section classification for Williams Ave S. The code required minimum width for minor
12 arterials streets is 91-feet consisting of four (4) 11-foot vehicle lanes, two (2) 5-foot bike lanes with
curb, gutter, and two (2) 12-foot wide sidewalks with street trees. The current right-of-way width for
13 Williams Ave S is 60-feet with approximately 39-feet of paved roadway and 10-foot sidewalks. The
applicant has proposed a modified minor arterial street standard containing a right of way width of
14 approximately 65-feet. The modified street would contain two (2) 12-foot travel lanes, two (2) 8-foot
15 parking lanes, and 12-foot sidewalks with 0.5-foot curb with street trees in tree grates on both sides of
the street. A right-of-way dedication of 2.25-feet is proposed to accommodate the full width of the
16 12-foot sidewalk. The existing curb line would remain in its current alignment with the modification.
17 City staff from transportation and planning divisions have reviewed the portion of Williams Avenue
18 S. adjacent to the site and support the modified minor arterial street section as maintaining the
existing curb to curb pavement width is more suitable for this location of Williams Avenue S.
19
The modification complies with the City's Comprehensive Plan Land Use Element and Community
20 Design Element for the reasons described in FOF 26 of the Staff Report, herein adopted as if fully set
21 forth. Specifically, keeping the existing roadway width and widening the sidewalk, as proposed in the
modification request, provides a compact, pedestrian oriented streetscape consistent with Goal L-B.
22 Maintaining the existing roadway section of two (2) parking lanes and two (2) travel lanes instead of
the minor arterial standard of four(4)travel lanes reduces the transportation-related impact of growth,
23 also consistent with Goal L-B. The sidewalk and streetscape improvements as proposed are also
24 consistent with the City's Downtown Streetscape Design Standards and Guidelines.
25 The modification promotes safety by maintaining the existing curb cuts which are aligned with other
curb cuts along this roadway section while providing increased pedestrian functionality by providing
26 a wider sidewalk than existing. There will be less environmental impact because there will be less
disturbance wo the existing right of way.No impacts to other properties or the public health, safety or
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 17
1
welfare are anticipated as the existing roadway profile will be maintained with the exception of wider
2 sidewalks,which are beneficial.
3 The modification conforms to the intent and purpose of the code in that the wider roadway standards
4 for a minor arterial anticipate higher speeds and volumes. The actual function of the roadway in this
location is much more neighborhood in scale. There are single family residences on both sides of the
5 street. Additionally, the Traffic Impact Report (Ex. 16) demonstrated that the anticipated project
impact is negligible. This criterion is satisfied.
6
Parking Modification
7
8 RMC 4-9-250(A)(3): Modification: To mod a Code requirement when there are practical
difficulties involved in carrying out the provisions of this Title when a special individual reason
9 makes the strict letter of this Code impractical.
10
RMC 4-9-250(D)(2): Decision Criteria: Whenever there are practical difficulties involved in
11 carrying out the provisions of this Title, the Department Administrator may grant modifications for
12 individual cases provided he/she shall first find that a specific reason makes the strict letter of this
Code impractical, that the intent and purpose of the governing land use designation of the
13 Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of
this Code, and that such modification:
14
15 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
16 proposed modification is the minimum adjustment necessary to implement these policies and
17 objectives;
18 b. Will meet the objectives and safety, function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering judgment;
19
20 c. Will not be injurious to other property(ies) in the vicinity;
21 d. Conforms to the intent and purpose of the Code;
22 e. Can be shown to be justified and required for the use and situation intended; and
23 f Will not create adverse impacts to other property(ies) in the vicinity.
24 14. As discussed in Findings of Fact 4G and 5M, the applicant is requesting a modification to
25 street requirements of RMC 4-4-080(F)(10) in order to reduce the minimum required parking spaces
for the proposed 30 assisted living units and 24 memory care units. The applicant wishes to use the
26 currently unused capacity in the existing parking garage. The modification complies with the City's
Comprehensive Plan Land Use Element and Community Design Element for the reasons described in .
SITE PLAN,PARKING MODIFICATION& STREET
MODIFICATION 18
rrr..
1
FOF 25 of the Staff Report, herein adopted as if fully set forth. As the applicant has demonstrated the
2 existing parking garage has sufficient capacity to accommodate more than the proposed parking
impact and as visitors are likely to preferentially use parking near the exiting entry rather than on the
3 more challenged side along Williams Avenue South, the examiner finds the modification will meet
4 the objectives, safety, function, appearance, environmental protection and maintainability intended by
the Code requirements. No impacts to other properties in the vicinity are anticipated as a result of the
5 modification. The proposed modification will meet the intent and purpose of the code by ensuring
that adequate off-street parking exists while not creating an oversupply of underutilized spaces. The
6 modification can be justified because the typical user of the facility does not drive, and Merrill
7 Gardens provides private bus and town car transportation for its residents that reduces the need for
vehicle ownership. This criterion is satisfied.
8
Decision
9
10 As conditioned below, the site plan, parking modification and street standards modification are
approved subject to the following conditions:
11
1. The applicant shall comply with the following mitigation measures issued as part of the
12 Determination of Non-Significance Mitigated, dated January 8, 2018.
13 a. The project shall comply with the recommendations of the geotechnical report, prepared
14 by PanGeo Incorporated dated November 27, 2017, and future addenda.
15 b. The applicant's geotechnical engineer shall review the project's construction and
16 building permit plans to verify compliance with the geotechnical report(s). The
geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the
17 construction and building permit plans and in their opinion the plans and specifications
meet the intent of the report(s).
18
2. The applicant shall submit revised utility and landscape plans with the construction
19 permit application that relocates the fire hydrant away from the current location near the
20 building's entrance and proposed street tree planting and places it further south near the
water/fire room. The revised plans shall be reviewed and approved by the Current
21 Planning Project Manager prior to construction permit issuance.
22 3. The applicant shall replace the existing street tree grate along the property frontage with
23 a grate matching the three (3) new street trees as required by the Downtown Streetscape
Design Standards and Guidelines. The replaced grate shall be shown on the final
24 landscape plan submitted with the construction permit application to be reviewed and
approved by the Current Planning Project Manager prior to construction permit issuance.
25
26 4. The applicant shall submit a separate detailed plan set identifying the location and
screening provided for all surface and roof top utility/mechanical equipment with the
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 19
Ark
1
building permit application. The plan shall be reviewed and approved by the Current
2 Planning Project Manager prior to building permit approval.
3 5. The applicant shall submit detailed specifications of the existing refuse and recycling
4 area to confirm compliance with the code. The specifications shall be reviewed and
approved by the Current Planning Project Manager prior to building permit approval.
5
6. The applicant shall submit fencing details with the building permit application. Fencing
6 surrounding the exterior deck spaces shall be made of high quality material that
7 complements the architecture of the building. Fencing details shall be reviewed and
approved by the Current Planning Project Manager prior to building permit approval.
8
7. The applicant shall provide specifications for the metal canopy that confirms the weather
9 protection extends at least 4.5-feet from the building's façade. The specifications shall be
10 provided with the building permit application for review and approval by the Current
Planning Project Manager prior to approval.
11
8. The applicant shall provide cut-sheet details of the proposed ornamental lighting sconces
12 located near the building's entrance and along the street façade with the building permit
application. The ornamental lighting fixtures shall be reviewed and approved by the
13 Current Planning Project Manager prior to building permit approval.
14
9. The applicant shall maintain visual accessibility along the ground level during typical
15 business and daytime hours. Between the hours of 8am and 7pm the ground floor
storefront windows shall not be covered with blinds or other visual obstructions.
16
17 10. The applicant shall provide an alternative method to the metal green screen to treat the
water/fire room exterior blank wall. The blank wall treatment may include but is not
18 limited to artwork, clerestory glazing, aesthetically improved door, and additional
architectural detailing. The revised blank wall treatment shall be shown on the elevation
19 plan and submitted with the building permit application for review and approval by the
20 Current Planning Project Manager prior to building permit approval.
21 11. The applicant shall submit revised elevation sheets with the building permit application
that incorporates at least one (1) additional cladding material. The revised elevations
22 shall be reviewed and approved by the Current Planning Project Manager prior to
building permit approval.
23
24 12. The applicant shall submit a materials board providing sample materials and colors for
the building's exterior cladding. The materials board shall be submitted with the building
25 permit application for review and approval by the Current Planning Project Manager
prior to permit approval.
26
SITE PLAN, PARKING MODIFICATION & STREET
MODIFICATION 20
1
13. The applicant shall submit revised elevations with the building permit application that
2 provides additional sconce lighting along the north storefront façade at intervals
consistent with the Williams Ave S frontage. The additional lighting shall be reviewed
3 and approved by the Current Planning Project Manager prior to building permit approval.
4
14. The applicant shall provide details of off-street bicycle parking(existing or proposed) for
5 review and approval by the Current Planning Project Manager prior to building permit
approval or request a formal modification from the minimum bicycle parking
6 requirements per RMC 4-9-250D2 prior to building permit approval.
7 DATED this 5th day of March, 2018.
8
9fir..--- -
Phi A.Olbrechts
10
City of Renton Hearing Examiner
11
12
Appeal Right and Valuation Notices
13
14 As consolidated, RMC 4-8-080(G) classifies the applications subject to this decision as
15 consolidated 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
16 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.
17
18 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
19
20
21
22
23
24
25
26
SITE PLAN, PARKING MODIFICATION& STREET
MODIFICATION 21