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HomeMy WebLinkAboutD_HEX_Dreamliner_202405211 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 1 CAO VARIANCE -1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Dreamliner LLC Mixed Use Conditional Use, Site Plan and Modification PR23-000125 ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION Summary Lavina Wadhwani of Veer Architecture, PLLC requests approvals of site plan, conditional use permit and street modification applications to construct a 30-dwelling unit commercial/residential mixed-use building at 511 Airport Way. The applications are approved subject to conditions. Testimony A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Exhibits Exhibits 1—3 as shown on the “Exhibits” list presented during the May 7, 2024 hearing were entered into the record during the h6earing. FINDINGS OF FACT Procedural: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 2 CAO VARIANCE - 2 1. Applicant. Lavina Wadhwani, Veer Architecture, PLLC, 10655 NE 4th St Suite #707, Bellevue, WA 98005 2. Hearing. A virtual hearing was held on the applications on May 7, 2024 at 11 am in the City of Renton Council chambers, Zoom ID No. 946 7233 4580. 3. Project Description. Lavina Wadhwani of Veer Architecture, PLLC requests approvals of site plan, conditional use permit and street modification applications to construct a commercial/residential mixed-use building at 511 Airport Way. The building would include 30 dwelling units, 3,192 square feet of ground floor commercial space, and 38 on-site parking spaces. Two (2) commercial spaces, 1,800 square feet and 1,392 square feet each, are proposed on the ground floor. All parking spaces are within on-site structured parking. Access is proposed from Airport Way and S Tillicum St. The subject property is 0.36-acres (16,010 square feet) in area. The Applicant is requesting a modification from RMC 4-6-060F.2 to modify the Principal Arterial Street section classification for Airport Way. To meet the City’s complete street standards for Principal Arterial Streets a minimum right-of-way width of 125 feet (125’) for a seven (7) lane street is required; half street improvements as taken from the right-of-way centerline would be required. This would include 88 feet (88’) paved width (44 feet (44’) each side) not including parking, an eight-foot (8’) wide parking lane, bicycle facilities, a one half-foot (0.5’) wide curb, an eight-foot (8’) wide planting strip, an eight-foot (8’) wide sidewalk, street trees and storm drainage improvements on each side. The current right-of-way width for Airport Way, as measured using the King County Assessor’s Map, is approximately 80 feet (80’) with approximately 78 feet (78’) of paving. Dedication of approximately 22.5 feet (22.5’) would be required. The Applicant has proposed a modified Primary Arterial Street standard containing a right-of-way width of approximately 91.5 feet (91.5’). The modified street would retain the existing curb location and pavement width on the south side of Airport Way, an eight-foot (8’) wide landscaping planter, an eight-foot (8’) wide sidewalk, a one half-foot (0.5’) wide curb and one-foot (1’) wide clear width back of sidewalk. A right-of-way dedication of approximately 11.5 feet (11.5’) is proposed. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and appropriate infrastructure and public services. Infrastructure and public services are more directly addressed as follows: A. Water and Sewer Service. The project is located within the City’s water and sewer service areas. The Applicant will be extending water and sewer from existing mains to the proposal. B. Fire and Police. The City of Renton will provide police service and the Renton Regional Fire Authority will provide fire service. Police and Fire Prevention staff indicated that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 3 CAO VARIANCE - 3 sufficient resources exist to furnish services to the proposed development with the improvements and fire impact fees required of the project. C. Drainage. The proposal provides for adequate and appropriate drainage facilities since its proposed stormwater controls have been found by City staff to conform to the City’s stormwater regulations. The proposal is subject to the 2022 City of Renton Surface Water Design Manual. The Manual generally requires that the proposal not generate off-site flows that exceed pre- developed forested conditions of the project site. A Technical Information Report, Exhibit 4, has been prepared by the Applicant and found to conform to the Manual for this level of review. As detailed in the report, a Level 1 downstream analysis was performed as part of the TIR. The downstream drainage paths were field inspected on October 29, 2020 for existing drainage problems. The analysis concluded there were no existing drainage problems before discharging to the Cedar River. As the project would drain to the Cedar River downstream of the Taylor Creek confluence, the project meets the direct discharge exemption per Section 1.2.3.1 of the RSWDM. Therefore, no flow control facilities are required for the project. Erosion control measures are proposed per the temporary erosion and sediment control (TESC) plan and Best Management Practices (BMPs). A new eight-inch (8”) storm drain connection is proposed. It would connect into an existing 12 inch (12”) public storm main in Airport Way. D. Parks/Open Space. The proposal provides for adequate parks and open space. Portions of the project are located within Design Districts A or D, which both have similar open space requirements. The Applicant proposes 30 attached dwelling units which requires a minimum of 1,500 square feet of common open space and/or recreation area to be incorporated into the building. The floor and landscape plans detail open space and recreational areas of 2,121 square feet. The interior amenities include a 520 square foot club room on the third level and a 620 square foot club room on the fifth level. It is unclear what amenities would be provided in the club rooms. As such, a condition of approval requires that the Applicant submit revised floor plans with the building permit identifying amenities, such as exercise equipment or seating/entertainment areas within the club room areas. The exterior amenities include two (2) open air terraces. Both are located on the third level. One (1) at 598 square feet is located on the northern façade. It includes seating, vegetation in planters and a sink/grill area. The other is 383 square feet and is located on the southern façade. It only includes planters with vegetation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 4 CAO VARIANCE - 4 A Park Impact Fee will be required for the future dwellings. The current Park Impact Fee is $2,222.84 per each new multi-family dwelling unit within a multi-family project of five (5) or more units. Assessed fees are based on the City of Renton Fee Schedule. The fee is calculated and paid at time of building permit issuance. E. Transportation and Circulation. The proposal is served by adequate and appropriate transportation facilities. A Traffic Impact Analysis is required when a project proposal results in 20 new a.m. or p.m. peak hour trips. A Traffic Impact Analysis (Exhibit 7), prepared by Transpo Group, LLC, dated January 2024, was submitted with the application. The analysis indicates the proposal is anticipated to generate 312 weekday net new daily trips with 19 weekday a.m. peak hour trips and 33 weekday p.m. peak hour trips. According to the Traffic Impact Analysis there is no increased delay at the studied intersections with the addition of the project traffic. Additionally, all studied intersections comply with the City’s LOS D standard in both the weekday a.m. and p.m. peak hours after project completion. The Airport Way access is approximately 140 feet (140’) from a bend in the road and posted speed is 35 miles per hour. The analysis shows sufficient sight lines are provided at the proposed Airport Way access with the City of Renton’s entering and stopping sight distance requirements being met in both the eastbound and westbound directions. However, the site access analysis based its results on right-turn movement. As such, to ensure that the projected results are maintained for Airport Way, staff recommends as a condition of approval that the Applicant provide revised civil construction plans showing the installation of preventative measures within the Airport Way right-of-way such that the Airport Way driveway is restricted to a right-in and right-out only driveway. Vehicle access to the site is from Airport Way and S Tillicum St. Access from Airport Way has been used because while the project abuts S Tillicum St, it is deficient in width for emergency vehicle access. City staff have also determined in the staff report that the proposed circulation system provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties because of the inclusion of a new eight-foot (8’) wide sidewalk along Airport Way and entryways with pedestrian connections to the sidewalk. Loading and delivery would occur in the parking garage access via Airport Way and S Tillicum St. F. Schools. The proposal provides for adequate and appropriate school facilities. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Bryn Mawr Elementary School, Dimmitt Middle School and Renton High School. Any new elementary or middle school 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 5 CAO VARIANCE - 5 students from the proposed development would be bussed to their respective schools. The stop for elementary school students is located at Logan Ave S / Renton High School driveway approximately 700 feet (700’) from the project site. Students would walk east on Airport Way until the intersection with Logan Ave S then south to the Renton High School driveway. The stop for middle school students is located at the intersection of Logan Ave S and S Tobin St approximately 415 feet (415’) from the project site. Students would walk east on Airport Way until the intersection with Logan Ave S then south to the intersection with S Tobin St. To get to Renton High School, high school students would have the same distance and route as elementary school students. A School Impact Fee, based on new dwelling units, would be required in order to mitigate the proposal’s potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $4,257.00 per multi-family unit. G. Refuse and Recycling. The proposal complies with applicable refuse and recycling regulations and thus provides for adequate and appropriate facilities to address solid waste impacts. RMC 4-4-090D1a requires a minimum of one and one-half (1-1/2) square feet per dwelling unit in multi-family residences shall be provided for recyclables deposit areas, except where the development is participating in a City-sponsored program in which individual recycling bins are used for curbside collection. A minimum of three (3) square feet per dwelling unit shall be provided for refuse deposit areas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. With the 30 proposed dwelling units, development a minimum of 90 square feet is required for refuse deposit areas with a minimum of 45 square feet required for recycling deposit areas. For the commercial portion of the development, it is unknown based on the use what the specific minimum size needed would be. Of the requirements listed in RMC 4-4-090E, Commercial, Industrial, and Other Nonresidential Developments – Additional Requirements for Deposit and Collection Areas, retail developments have the greater minimum requirement. Because tenants are unknown at this time, and a retail use is a potential use within the commercial spaces, the retail development standards will be used as retail would be the most intensive use possible. A minimum of 33 square feet is required for refuse deposit areas with a minimum of 17 square feet is required for recycling deposit areas. A combined 185 square feet is required. Per the submitted floor plans (Exhibit 27), one (1) 217.5 square foot location is provided on the ground floor for refuse and recyclable deposit area. An additional 108 square feet deposit area with trash chute to the ground floor is provided for on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 6 CAO VARIANCE - 6 second level. Two (2) 128-square foot deposit areas with trash chute to the ground floor are provided on the third and fourth level. A 127-square foot deposit area with trash chute to the ground floor is provided on the fifth level. The deposit area is incorporated within the building along the southern façade externally accessed from S Tillicum St. Per the provided building elevations (Exhibit 16) would be externally accessed via a nine and a half – foot tall by 10-foot wide (9.5’ x 10’) roll up door from the S Tillicum St. Per RMC 4-4-090C10, Minimum Gate Opening and Minimum Vertical Clearance, the enclosure entrance needs to have a minimum width of 12 feet (12’). As such, staff recommends as a condition of approval the Applicant submit revised building designs with the building permit which provides an enclosure meeting applicable requirements within RMC 4-4-090, Refuse and Recyclables Standards. The design shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance H. Parking. The proposal provides for adequate and appropriate parking because the proposed parking complies with the City’s parking standards. Thirty (30) dwelling units are proposed: 14 within the CA zone and 16 within the CD zone. A minimum of 14 stalls is required with a maximum of 25 stalls permitted within the CA zone. A minimum and maximum of 16 stalls is required for the CD zone. A minimum of 30 total stalls is required with a maximum of 41 total stalls is permitted for residential parking. Three thousand one hundred and ninety-two (3,192) square feet of commercial space is proposed with the CA zone; none is proposed within the CD zone. A minimum of eight (8) stalls is required with a maximum of 16 stalls permitted. Combining the residential and commercial parking requirements a minimum of 38 total stalls is required with a maximum of 57 stalls permitted. The Applicant is proposed 38 stalls, or the minimum amount of parking required for the proposed uses I. Landscaping. The proposal provides for adequate and appropriate landscaping by conforming to the City’s landscaping standards. The Applicant’s conceptual landscape plan (Exhibit 3) identifies plantings to go within the on-site 10-foot (10’) landscaping strip within the CA zone. Proposed plantings include trees, shrubs and groundcover. Additional shrubs are proposed along an inset area on the western façade. A tree, ground cover and shrubs are proposed within an inset landscaping area along S Tillicum St with Japanese Sky Holly proposed in three (3) locations abutting the on-site parking structure. Staff received comment from the Duwamish Tribe (Exhibit 8) strongly recommending native vegetation be used. As currently proposed the vegetation is a mix of native and non-native species. As such, a condition of approval the Applicant submit revised landscape plans with the construction permit application that provides native vegetation to the greatest extent possible. A narrative shall be provided from a Washington licensed landscape architect identifying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 7 CAO VARIANCE - 7 why native vegetation could not be used in specific instances, why vegetation has been chosen for the specific area and what measures need to be incorporated to ensure the long-term health and survival of the landscaping. Four (4) mature Norway Maples, ranging in Diameter at Breast Height (DBH) from 14 inches (14”) to 24 inches (24”) are currently within the existing landscaping strip in the right-of-way (ROW) of Airport Way (Exhibit 26). These trees are proposed to remain as street trees with no new plantings proposed. Site development work, specifically access and frontage improvements would be conducted within the dripline of the existing trees. As such, a condition of approval requires the Applicant to provide an updated arborist report with the construction permit application. The updated report shall identify measures needed to ensure the long-term health and viability of the trees. If the arborist determines that existing street tree(s) cannot be maintained based on the scope of proposed work, then new street trees shall be planted at a 1:1 ratio of removed trees to new trees. A revised landscaping plan shall be submitted with the construction permit application showing newly planted street tree species chosen from the City of Renton Approved Tree List & Spacing Guidelines. J. Transit and Bicycle. The proposal complies with City bicycle parking requirements and thus provides for adequate bicycle facilities. Transit is also easily accessible. RMC 4-4-080F11 requires bicycle parking spaces at the rate of one-half (0.5) bicycle parking space per each attached dwelling unit. Thirty (30) dwelling units are proposed requiring a minimum of 15 bicycle parking stalls. Eight (8) stalls are provided for the commercial spaces requiring a minimum of one (1) bicycle parking stall. A minimum of 16 total bicycle stalls are required. Seventeen (17) bicycle parking stalls are provided. Fifteen (15) six feet deep by two feet wide (6’x2’) stalls are provided within a bike room on the ground floor; an additional two (2) bike lockers of the same size are provided within the on-site parking structure (Exhibit 28). The Applicant did not provide sufficient details to determine if the bicycle parking standards are being met. For example, it is not clear how the user would be able to lock their bicycle to a rack at two (2) or more points. As such, to ensure bicycle parking meets standards, a condition of approval requires that the Applicant provide revised drawings showing the location of provided bicycle stalls and identifying how the stalls will meet applicable standards in RMC 4-4-080F.11. Access to the transit center located approximately three (3) blocks to the south on Logan Ave S is provided via public sidewalk. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On March 25, 2025 the City issued a Mitigated Determination of Non-significance (MDNS) for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 8 CAO VARIANCE - 8 project. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Views. The proposal is similar in scale and height to nearby developments, such as Merrill Gardens and Camellia Court to the southeast of the project. Views of Lake Washington and the Cedar River would not be impacted as those features are both blocked by exiting development prior to construction of the Dreamliner project. No obstruction of other existing views of natural features is anticipated. B. Compatibility. The proposal is compatible with surrounding use. Surrounding properties are mixed use as well. Applicable land use and design standards as addressed elsewhere in this decision ensure that the proposal is aesthetically compatible with surrounding uses. Pursuant to those standards, the building includes building step backs and articulations on the northern, western and southern façades. The northern and southern facades include a recessed outdoor terrace area for tenant recreation. The building conforms around the terraces to keep it open to the sky for the entire height of the building. The step-backs and articulation reduce the overall bulk and scale of the building and prevent it from becoming a large featureless box. C. Light, glare, noise and privacy. The proposal will not create any significant adverse light, noise or glare impacts and will not impact privacy. The Applicant has submitted a lighting plan to establish conformance to the City’s lighting standards. See Ex. 31. Sconce lighting is shown on the northern façade at ground level. It does not appear that there is any lighting proposed specific to the building entrances (Exhibit 31). As such to ensure that pedestrian scale lighting is provided at the primary entrances, a condition of approval, the Applicant submit revised elevations with the building permit application which provides pedestrian scale lighting through down lighting provided within the associated entrance awnings. Five (5) sconces are provided on the front façade within the CA zone; three (3) are associated with one (1) commercial space and two (2) with the other. An additional three (3) exterior lights are proposed with one (1) over the entrance of the riser room and two (2) more framing the structured parking entrance. Three (3) sconces and what is identified as an exterior light are proposed on the northern façade. Twelve (12) identified exterior lights are proposed on the rear (southern) façade with six (6) at a height of 18 feet (18’) above grade and the reminder located lower at the refuse and recycling entrance, the secondary structured parking entrance, an emergency pedestrian entrance and between the wall cut outs. Provided recommended conditions of approval are met, additional down lighting would be provided at the commercial spaces. Extending the lighting along the southern façade would continue the rhythm of the ground level detail on the front façade and provide lighting along S Tillicum St. Therefore, a condition of approval requires the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 9 CAO VARIANCE -9 Applicant submit revised elevations within the building permit application that provides additional sconce lighting along the southern façade at intervals between the conditioned windows. Awnings are located over the commercial spaces, but it does not appear that they include lighting. To ensure safe pedestrian and vehicular movement, staff recommends as a condition of approval the Applicant submit revised elevations with the building permit application that provides additional downlighting within the entirety of all front façade awnings. The additional lighting shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. The building design provides privacy and noise reduction as the residential dwellings units are stepped back and elevated from Airport Way and S Tillicum St. D.Critical Areas. The project site is located in a high seismic area and a critical aquifer area. The proposal is found to adequately avoid impacts to these critical areas since it conforms to the City’s critical area regulations as provided in further detail below. i.Seismic Hazard. RMC 4-3-050F2aii requires the Applicant to submit a geotechnical report for high seismic areas that establishes that the site can safely accommodate the proposal and that the proposal will not jeopardize other critical areas or destabilize adjoining properties. The Applicant has complied with RMC 4-3-050F2aii and for this reason there are no adverse impacts anticipated due to the presence of the seismic hazard area. The submitted geotechnical report, Ex. 6, states that boring results indicate that the subsurface conditions at the site include very soft to very stiff silt with varying amounts of sand and very loose to very dense sand with varying amounts of silt and gravel and gravel with varying amounts of silt and sand. Groundwater was encountered at approximately 10 feet (10’) during subsurface exploration. The submitted geotechnical report states that per the Liquefaction Susceptibility Map of King County, Washington the area is mapped as having a moderate to high liquefaction susceptibility during a seismic event. The report concludes that based on the liquefaction analysis the native soil below the groundwater table would liquefy under severe earthquake ground motions (Magnitude 7 and horizontal acceleration of 0.535g with settlement in the range of six to eight inches (6” – 8”). The report recommends foundations be supported on conventional spread footings bearing on a subgrade improvement with Geopiers or Aggregate piers. A Technical Memorandum (Exhibit 14) from The Riley Group, Inc. dated April 24, 2023, reiterates the need for installing of aggregate piers to mitigate the predicated settlements and allow suitable support for the building. It is also recommended that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 10 CAO VARIANCE - 10 slab-on-grade floors and slabs for the building be supported on a subgrade improved with Geopiers or Aggregate piers. SEPA mitigation measures were included with the environmental threshold determination that the project comply with the recommendations of the geotechnical report and any updated reports and that the geotechnical engineer reviews the construction and building plans to verify the recommendations and specifications are consistent with the geotechnical report. ii. Aquifer Recharge. The City of Renton mapping system has identified the site as being located in the Downtown Wellhead Protection Zone 1. The site’s proposed residential use is not indicative of a type of use that would potentially harm the City’s groundwater. no groundwater will be withdrawn, and no waste material will be discharged into the ground. If more than 100 cubic yards of fill are imported, a fill material source statement is required that is certified by a professional engineer or geologist licensed by the State of Washington identifying each source location of the fill. 6. Tree Retention. Beyond the City’s critical area regulations, the only regulations requiring protection of vegetation are the City’s tree retention standards. As conditioned, the proposal meets the City’s tree retention standards and thus is found to adequately protect and retain site trees. The City’s adopted Tree Retention and Land Clearing Regulations (4-4-130) require the retention of 30 percent of trees in a residential development. Tree credit requirements shall apply at a minimum rate of thirty (30) credits per net acre based on values for existing or new trees as provided in RMC 4- 4-130H.1.b.v. No trees are present on-site, significant or otherwise. A minimum of 10 tree credits (0.32 acres x 30 tree credits per acre = 9.6 tree credits, rounded up to 10) are needed for the entire project site. Per the submitted landscape plan seven (7) trees are proposed: four (4) River Birch, one (1) Norway Maple, two (2) White Oak. The River Birch and Norway Maple are classified as Large Specie trees with the White Oak being a Medium Specie tree. A total of 10 tree credits are being proposed. Conclusions of Law 1. Authority The conditional use permit and site plan applications require hearing examiner review and final approval. The modification and site plan requests are subject to staff approval when reviewed separately, but are consolidated with hearing examiner review for this application. The proposal is subject to Type III hearing examiner conditional use permit review because it involves a density that exceeds 150 dwelling units per acre in the CD zone. See RMC 4-2-120B. The site plan application requires Type III hearing examiner review because the proposal exceeds four stories. See RMC 4-9-200D2biv. RMC 4-8-080(C)(2) requires consolidated permits to be collectively processed under “the highest-number procedure.” The Type III review is the “highest-number procedure” for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 11 CAO VARIANCE - 11 permit applications identified above and therefore must be employed for the conditional use, site plan and street modification applications. As outlined in RMC 4-8-080(G), the hearing examiner is authorized to hold hearings and issue final decisions on Type III applications subject to closed record appeal to the Renton City Council. 2. Zoning/Design District/Comprehensive Plan Designations. The subject property is split zoned Commercial Arterial (CA) and Center Downtown (CD). The CA portion of the project is within Urban Design District D; the CD portion is within Urban Design District A. Its comprehensive plan land use designation is Commercial Mixed Use (CMU). 3. Review Criteria/Adoption of Staff Findings and Conclusions of Street Modifications. Conditional use criteria are governed by RMC 4-9-030(D). Site Plan criteria are governed by RMC 4- 9-200.E.3. All applicable review criteria for the conditional use and site plan applications are quoted below in italics and applied through corresponding conclusions of law. The criteria for the request street design modification request identified in Finding of Fact No. 3 is governed by RMC 4-9-250.D.2. The findings and conclusions of Finding No. 25 of the staff report are adopted by this reference in full to conclude that all review criteria for the requested street modification are met. CONDITIONAL USE The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors for all applications: RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 4. As conditioned, the proposal is consistent with all applicable comprehensive plan policies and development standards, including those of Design District A and D, as outlined in Findings No. 17- 21 of the staff report, adopted by this reference as if set forth in full. RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. 5. For the reasons identified in Finding of Fact No. 4 and 5, the proposal is compatible with surrounding uses, will be served by adequate infrastructure and will not create significant adverse impacts to adjoining properties. For these reasons the proposed location is suited for the proposed use. The detailed design standards of Design Districts A and D break up the mass of the building thus preventing any semblance of overconcentration of large multi-family structures in the vicinity or at the project site. RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 12 CAO VARIANCE - 12 6. As determined in Finding of Fact No. 5, as conditioned, there are no significant adverse impacts associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent property. RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 7. As determined in Finding of Fact No. 5B, the proposed use is compatible with the scale and character of the neighborhood. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. As determined in Finding of Fact No. 4H, the site is served by adequate parking. RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 9. As outlined in Finding of Fact No. 4E, the proposal provides for safe circulation and adequate traffic mitigation and facilities. RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 10. As determined in Finding of Fact No. 5C, the proposal will not result in any adverse light, noise or glare impacts. RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 11. The criterion is met. As shown in the landscaping plan, all areas not paved are landscaped. SITE PLAN RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 13 CAO VARIANCE - 13 iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-100. 12. As concluded in Conclusion of Law No. 4, the proposal is consistent with the City’s comprehensive plan, development regulations and design standards. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 13. As conditioned, the criteria quoted above are met. As outlined in Finding of Fact No. 4E, the proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties. As determined in Finding of Fact No. 4G, the proposal complies with the City’s refuse and recycling standards. As determined in Finding of Fact No. 5A, the proposal will not adversely affect any views. As determined in Finding of Fact No. 4I, the proposal is consistent with the City’s landscaping standards. The proposal will not create any significant light impacts, including excessive brightness or glare, for the reasons identified in Finding of Fact No. 5C. A condition of approval requires screening of rooftop equipment and utilities. The loading and delivery area occur in the parking garage access via Airport Way and S Tillicum St. RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 14 CAO VARIANCE - 14 ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; 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 surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide 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 of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 14. The criteria quoted above are met. Privacy impacts are adequately addressed as identified in Finding of Fact No. 5C. Due to compliance with the City’s critical areas ordinance, there are no natural features adversely affected by the proposal. The scale of the structure is adequately mitigated through the extensive design standards of Design District A and D, as partially addressed in Finding of Fact No. 5B and discussed at length in the staff report. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 15. The proposal provides for safe and efficient access and vehicular and pedestrian circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4E. Transit and bicycle facilities are available as determined in Finding of Fact No. 4J. The loading and delivery area occur in the parking garage access via Airport Way and S Tillicum St. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 15 CAO VARIANCE - 15 RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 16. The proposal provides for adequate open space as outlined in Finding of Fact No. 4D. 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. 17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as determined in Finding of Fact No. 5A. The proposal also does not include any shorelines and is in no position to provide public access to them. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 18. The City’s critical area regulations identify and adequately protect all natural systems of significance. As determined in Finding of Fact No. 5D, the project protects all affected critical areas as required by the critical area regulations. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 19. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 20. There is no phasing plan proposed DECISION The site plan, conditional use, and street modification requests meet all applicable review criteria for the reasons identified in the Conclusions of Law of this decision and are approved, subject to the following conditions: 1. The Applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated dated April 8, 2024. 2. The Applicant shall provide documentation from the Federal Aviation Administration demonstrating compliance with the Part 77 Horizontal Surface Height Limit. Compliance shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. 3. The Applicant shall submit revised landscape plans with the construction permit application that provides native vegetation to the greatest extent possible. A narrative shall be provided 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 16 CAO VARIANCE - 16 from a Washington licensed landscape architect identifying why native vegetation could not be used in specific instances, why vegetation has been chosen for the specific area and what measures need to be incorporated to ensure the long-term health and survival of the landscaping. The plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. 4. The Applicant shall provide an updated arborist report with the construction permit application. The updated report shall identify measures needed to ensure the long-term health and viability of the trees. The report shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. If the arborist determines that existing street tree(s) cannot be maintained based on the scope of proposed work, then new street trees shall be planted at a 1:1 ratio of removed trees to new trees. A revised landscaping plan shall be submitted with the construction permit application showing newly planted street tree species chosen from the City of Renton Approved Tree List & Spacing Guidelines. The revised plans shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. 5. The Applicant shall submit revised building designs with the building permit which provides an enclosure meeting applicable requirements within RMC 4-4-090, Refuse and Recyclables Standards. The design shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 6. The Applicant shall submit revised building designs with the building permit which provides either 45-degree parking stalls where the drive aisle is between 20 and 24 feet (20’ – 24’) in width or revise the design to include 24-foot (24’) drive aisles with 90-degree parking. The design shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 7. The Applicant shall provide revised drawings showing the location of provided bicycle stalls and identifying how the stalls will meet applicable standards in RMC 4-4-080F.11. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 8. The Applicant shall provide revised building designs with the building permit application showing a minimum floor-to-ceiling height of 18 feet (18’) and a minimum clear height of 15 feet (15’) in the commercial spaces. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 9. The Applicant shall provide revised building designs with the building permit application identifying how standards in RMC 4-4-150E.2.c – e are being met. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 10. The Applicant shall submit revised floor plan drawings identifying how each unit is meeting the storage standards of RMC 4-4-155 with the building permit application. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 17 CAO VARIANCE - 17 11. The Applicant shall submit revised floor plan drawings identifying how each unit is meeting the kitchen standards of RMC 4-4-155 with the building permit application. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 12. The Applicant shall submit revised floor plan drawings showing the studio unit sleeping areas with at least one (1) side 100 percent (100%) unobstructed and open to the remainder of the unit. The plan shall be reviewed and approved by the Current Planning Project manager prior to building permit issuance. 13. The Applicant shall submit revised building designs with the building permit application showing a 12-foot (12’) finished floor-to-ceiling height for the ground floor lobby space. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 14. The Applicant shall submit a separate detailed plan set identifying the location and screening provided for all roof top utility/mechanical equipment with the building permit application. The plan shall include detail sheets that provide cross section details and identify proposed rooftop screening that is integral and complementary to architecture of the buildings. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 15. The Applicant shall submit a surface mounted utility plan that includes cross-section details with the civil construction permit application. The Applicant shall work with franchise utilities to ensure, as practical, utility boxes do not obstruct or displace pedestrian areas. The plan shall provide and identify screening measures consistent with the overall design of the development. The surface mounted utility plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 16. The Applicant shall submit revised drawings showing the area surrounding the structured parking entrance matching the colors and materials of the commercial space facades. The second level shall use siding materials and colors to match the surrounding façade treatments. Glazing shall be added in place of the grills to continue the appearance of residential and commercial spaces. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 17. The Applicant shall submit revised drawings showing the southern façade of the structure parking with similar façade treatments as the front façade, such as glazing, materials and sconce lighting, or as determined by the Current Planning Project Manager at the time of building permit application. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 18. The Applicant shall submit revised floor plans with the building permit identifying amenities, such as exercise equipment or seating/entertainment areas within the club room areas. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 18 CAO VARIANCE -18 19.The Applicant shall submit revised building designs with the building permit which provide modulation meeting allowances of RMC 4-3-100E.5, Building Architectural Design: Building Character and Massing The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 20.The Applicant shall submit revised building elevations with the building permit which provide windows (or an equivalent design element) within the internal staircase on the south and west facing facades to break up the building massing and increase light transmittance into and out of the building. Revised building elevations shall be revised and approved by the Current Planning Project Manager prior to building permit issuance. 21.The Applicant shall provide revised drawings with the building permit which show the sloped portions of the room with a minimum slope of one to four (1:4). The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 22.The Applicant shall submit revised drawings which include enhancement such as texturing, reveals and/or coloring with a concrete coating or admixture on the southern facade. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 23.The Applicant shall submit revised elevations with the building permit application which provides pedestrian scale lighting through down lighting provided within the associated entrance awnings. The additional lighting shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 24.The Applicant shall submit revised elevations within the building permit application that provides additional sconce lighting along the southern façade at intervals between the conditioned windows. The additional lighting shall be reviewed and approved by the Current Planning Manger prior to building permit approval. 25.The Applicant shall submit revised elevations with the building permit application that provides additional downlighting within the entirety of all front façade awnings. The additional lighting shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 26.The Applicant shall provide revised civil construction plans showing the installation of preventative measures within the Airport Way right-of-way such that the Airport Way driveway is restricted to a right-in and right-out only driveway. DATED this 19th day of May, 2024. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN and MOD- 19 CAO VARIANCE -19 City of Renton Hearing Examiner Appeal Right and Valuation Notices As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision 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 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. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HEARING EXAMINER DECISION EXHIBITS Project Name: Dreamliner LLC Mixed Use Project Number: LUA23-000355, ECF, CUP-H, SA-H, MOD Date of Meeting May 7, 2024 Staff Contact Andrew Van Gordon Associate Planner Project Contact/Applicant Lavina Wadhwani Veer Architecture, PLLC 10655 NE 4th St Suite #707 Bellevue, WA 98005 Project Location 511 Airport Way Renton WA 98057 (APN 7229300580) The following exhibits are included with the Hearing Examiner Decision: Exhibits 1-17: As shown in the Environmental Review Committee (ERC) Report Exhibits 18-33: As shown in the Staff Report to the Hearing Examiner Exhibit 34: Staff PowerPoint Exhibit 35: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps Exhibit 36: Google Earth, https://www.google.com/earth/