HomeMy WebLinkAboutHEX Decision - RSD parking facility1 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Phil Olbrechts, Hearing Examiner RE: Renton School District Transportation Expansion Site Plan Review, Conditional Use, and Variance File No. LUA24-000376 FINDINGS OF FACT, CONCLUSIONS OF LAW AND Summary The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use, and Variance approval to expand the Renton School District’s parking lot located at 444 and 450 Park Ave N (APNs 7224000675 and 7224000676). The Conditional Use Permit is required as the proposed use qualifies as a government facility, which is conditionally permitted in the CA zone with a public hearing. The application includes a Variance Request to allow for the installation of an eight-foot (8’) tall security fence with a reduced setback of 10.5 feet (10.5’) along Park Ave N. The proposed fencing would provide a higher level of security for district vehicles while maximizing parking and landscaping capacity. The applications are approved subject to conditions. ORAL TESTIMONY A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is not intended to provide a precisely accurate rendition of testimony but generally 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 2 2 identifies the subjects addressed during the hearing. The transcript is provided for informational purposes only as Appendix A. EXHIBITS Exhibits 1-19 listed on page 2 of the staff report dated February 18, 2025, were admitted into the record during the February 18th, 2025, public hearing. During the hearing additional items were entered into the record. The City Staff PowerPoint presentation was entered as Exhibit 20. City of Renton Maps from the city website were entered as Exhibit 21. The Google Earth aerial view of the subject site was entered as Exhibit 22. The Renton School District SEPA Determination with mitigation measures requested by the Duwamish Tribe was entered as Exhibit 23. FINDINGS OF FACT Procedural: 1. Applicant. Allison Conley, AHBL Inc., 1200 6th Ave, Suite 1620, Seattle, WA 98101 representing the Renton School District. 2. Hearing. A virtual hearing was held on the subject application at 11:00 am on February 18, 2025. Substantive: 3. Project and Site Description. The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use, and Variance approval to expand the Renton School District’s parking lot by the addition of 44 parkin stalls located at 444 and 450 Park Ave N (APNs 7224000675 and 7224000676). The project would include approximately 15,714 square feet of new impervious surface within the parking lot expansion area. This is part of the larger Transportation Building and Fleet Maintenance Facility, which totals approximately 5.2 acres, or the full city block bounded by N 5th St, Garden Ave N, N 4th St, and Park Ave N. The application includes a Variance Request to allow for the installation of an eight-foot (8’) tall security fence with a reduced setback of 10.5 feet (10.5’) along Park Ave N. The proposed fencing would provide a higher level of security for district vehicles while maximizing parking and landscaping capacity. Three (3) significant trees would be removed due to construction and 16 trees are to be planted. The city’s mapping system has identified the subject property is within a High Seismic Hazard Area and the Downtown Wellhead Protection Area Zone 2. The applicant submitted a SEPA Environmental Checklist, SEPA Determination of Non-significance (DNS), Limited 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 3 3 Geotechnical Engineering Study, Technical Information Report, and a Cultural Resource Assessment. 4. Surrounding Uses. a. North: Vacant Office Building; Commercial Mixed Use (CA) Comprehensive Plan Designation; Urban Center 2 (UC-2) zone. b. East: RSD Transportation Building and Fleet Maintenance Facility; Commercial Mixed Use (CMU) and Employment Area (EA) Comprehensive Plan Designations; Commercial Arterial (CA) and Light Industrial (IL) zones. c. South: RSD Transportation Building and Fleet Maintenance Facility; Commercial Mixed Use (CMU) Comprehensive Plan Designation; Commercial Arterial (CA) zone. d. West: Apartment and Single Family; Commercial Mixed Use (CMU) Comprehensive Plan Designation; Commercial Arterial (CA) zone. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Project impacts are more specifically addressed as follows: A. Structure Placement and Scale. The primary orientation of the site remains towards Park Ave N and N 5th St, with the proposed parking lot expansion designed to support the operational needs of the Renton School District’s transportation facility. The project does not introduce new structures that would impact the privacy of adjacent properties. The proposed perimeter landscaping along Park Ave N and N 5th St would help mitigate potential visual and noise impacts from the expanded parking area (Exhibit 4). B. Views. Due to the site’s location in a developed commercial area, no significant view corridors exist within or adjacent to the project site. The proposed parking lot expansion and security fencing would not impact existing sightlines, and no changes to building height or massing are proposed. C. Noise, light and glare. The proposed parking lot expansion project would include additional lighting for security and visibility. Noise from the site is expected to be minimal, with primary activity occurring during standard operational hours. If all conditions of approval are met, no noise, light or glare impacts are anticipated to affect this proposal. A condition of approval, that the applicant submit a lighting plan that demonstrates compliance with Renton Municipal Code (RMC) 4-4-075 and provides enough light for safety and security but does not create excessive light impacts on neighboring properties. The final lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 4 4 D. Screening. No new surface-mounted or roof-mounted equipment would be installed as part of the project. The applicant has proposed the installation of an eight-foot (8') tall security fence constructed of galvanized steel and coated with a corrosion protection product and powder-coated black paint around the parking lot perimeter, which is approximately 465 feet (465’). The proposed security fence would provide additional screening for district vehicles (Exhibits 4, 15, and 17). The project also includes perimeter landscaping along Park Ave N and N 5th St (Exhibit 4), which would enhance visual screening. If the applicant proposes the installation of any new surface-mounted equipment, screening details would be required to be submitted at the time of building permit application to ensure compliance with the screening standards. E. Tree Retention. The applicant has proposed the removal of three (3) existing significant trees and the planting of 16 new trees as part of the required perimeter and interior landscaping improvements (Exhibit 4). The tree removal and replanting proposal complies with the tree retention and replacement requirements of RMC 4-4-130. If any additional tree removal is proposed as part of an updated landscape plan, an updated tree retention and tree credit worksheet would be required to be submitted at the time of civil construction permit application to ensure compliance with the tree retention standards for the CA zone. F. Natural Features. The proposal will not adversely affect any natural features. The site is located in a developed commercial and industrial area with limited natural features. The proposed parking lot expansion and associated improvements would occur at or slightly above grade and would not significantly impact any existing views in the immediate vicinity. The project includes landscaping enhancements along Park Ave N and N 5th St, which would improve the visual character of the site while maintaining compatibility with the surrounding area. G. Landscaping. The proposed landscaping improvements include a 10-foot (10’) wide landscaped buffer along Park Ave N and N 5th St, incorporating new tree plantings and groundcover to enhance the site’s appearance and provide a visual buffer between the parking lot/security fence and the public right-of-way (Exhibit 4). In addition, the project also includes a 1,200 square foot pedestrian plaza at the corner of Park Ave N and N 5th St, incorporating additional landscaping to enhance the pedestrian experience. The applicant has proposed the removal of three (3) existing trees and the planting of 16 new trees, which would further improve site aesthetics and contribute to the urban tree canopy. The 10-foot (10’) on-site landscaped area, pedestrian plaza, and interior landscaping islands would be planted with a variety of trees, shrubs, and ground cover. A final landscape plan would be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. H. Critical Areas. The proposal will not create significant adverse impacts to critical areas. The subject site is located in an area with a known High Seismic Hazard Area. As such, the applicant submitted a Limited Geotechnical Engineering Study, prepared by 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 5 5 Associated Earth Sciences Incorporated, dated October 4, 2024 (Exhibit 7) with the application. The project would include approximately 15,714 square feet of new impervious surface within the parking lot expansion area. The report includes multiple construction recommendations for site preparation and stormwater infiltration, including but not limited to, site preparation and pavement recommendations. Additionally, according to COR Maps, the property is located within the Downtown Wellhead Protection Zone 2. Open facilities and open conveyance systems may require a liner in accordance with the 2022 Renton Surface Water Design Manual. Any revisions or updates to the storm drainage system onsite or nearby would be required to meet the Zone 2 Aquifer Protection Area(s) (APA) regulations. Fill is anticipated to be brought on the site and therefore any offsite fill materials shall be from a verifiable source in order to ensure it is clear of contaminants. The city’s grading and excavation regulations require that when imported fill is in excess of 50 cubic yards within a Wellhead Protection Zone, a source statement certified by a qualified professional be provided or confirmation that the fill was obtained from a WSDOT approved source. I. Compatibility/Overconcentration. The proposal is compatible with surrounding uses and does not represent an overconcentration of use. The proposed expansion of the Renton School District’s parking lot for school bus storage and staff parking would not result in an overconcentration of similar uses. The proposed project is part of the existing Transportation and Fleet Maintenance Facility and is appropriately located within a commercial and light industrial area that supports vehicle storage and fleet management operations (Exhibits 2 and 5). 6. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The proposal will be served by adequate water and sewer. Water and sewer service will be provided by the City of Renton. The development would be subject to applicable water system development charges (SDCs) and meter installation fees based on the number and size of the meters for domestic uses. The development would be subject to fees for water connections, cut and caps, and purity tests. Since the development is proposing an irrigation meter and not domestic services, system development charges are not applicable. Fees would be charged based on the Current Fee Schedule rate at the time of construction permit issuance. B. Fire and Police. The proposal will be served by adequate police and fire service. Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development if the Applicant provides Code required improvements and fees. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 6 6 C. Drainage. The proposal provides for adequate and appropriate drainage control. 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. The applicant submitted a Technical Information Report, prepared by Jacobson Consulting Engineers, dated October 18, 2024 (Exhibit 6) with the application. Site improvements would result in more than 5,000 square feet of new plus replaced impervious surface and is subject to Full Drainage Review in accordance with the 2022 Renton Surface Water Design Manual (RSWDM). The TIR addressed the nine (9) required minimum requirements and six (6) special requirements for Full Drainage Review. Based on the city’s flow control map, the site falls within the Peak Rate Flow Control Standard area matching Existing Conditions and is within the Lower Cedar River Drainage Basin. As a result, the applicant is required to provide enhanced basic water quality treatment. The applicant has proposed a Modular Wetland water quality treatment facility to provide enhanced water quality treatment. Staff generally concurs with the preliminary stormwater mitigation strategies with the exception of the BMP analysis and feasibility selection criteria (Exhibit 19). The civil construction plans and the final TIR would be reviewed for conformance to the core and special requirements during the civil construction permit review process. D. Parks/Open Space. No open space is required under City regulations for this type of proposal and none is necessary since the proposal doesn’t create demand for open space use. E. Transportation. The proposal provides for adequate and appropriate transportation facilities. Access to the site would be maintained via the existing parking lots (Exhibit 5). Since the project consists of parking lot improvements and no new building construction or additions valued at over $175,000, no street frontage improvements or right-of-way dedication are required. The applicant has proposed the removal of three (3) older curb cuts along Park Ave N, which would be replaced with a curb, gutter, and sidewalk to enhance pedestrian safety. Detailed engineering and conformance review would occur during the civil construction permit review process. Vehicular connections to adjacent properties are not proposed or necessary, as the surrounding uses primarily consist of school district operations, fleet maintenance, and commercial properties. The parking lot expansion is designed to optimize internal circulation for district staff and fleet vehicles while maintaining safe and efficient access to public roadways. Pedestrian connections to adjacent properties are provided via the public sidewalk along Park Ave N and N 5th St. The proposal has passed the City’s Traffic Concurrency Test per RMC 4-6-070D (Exhibit 13), which is based upon a test of the citywide Transportation Plan and consideration of growth levels included in the LOS-tested Transportation Plan. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 7 7 The expansion does not trigger the need for loading and delivery areas. The proposed expansion of the Renton School District’s Administration and Transportation Facility does not involve regular commercial deliveries or large-scale freight operations. The parking lot would primarily be used for fleet vehicle storage and staff parking. F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and bicycle facilities. The site is expected to primarily serve Renton School District staff and fleet operations, with most employees arriving by vehicle. However, multiple King County Metro bus stops are located nearby along Park Ave N and N 4th St, providing access to public transit within a short walking distance of the site. Additionally, the site is within proximity to planned transit improvements that would enhance connectivity to public transportation. Based on the minimum number of vehicle parking spaces required for the parking lot expansion, the applicant is required to provide a minimum of four (4) bicycle parking spaces. Bicycle parking should be located near the front entrance and positioned to ensure accessibility without obstruction from vehicles. The submitted documents did not include information or specifications for the required bicycle parking spaces, and therefore, compliance with the bicycle parking standards in RMC 4-4-080F.11 could not be determined. As a condition of approval, the applicant shall provide details of the proposed off-street (interior or exterior) bicycle parking for at least four (4) spaces in accordance with RMC 4-4-080F.11. G. Parking. Based on the parking requirement to provide a minimum of 2.0 parking spaces per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area, the 7,340 square foot office/administration building would require between 15 and 33 parking spaces. The 9,420 square foot service garage would be required to provide a minimum and maximum of 24 parking spaces based on the vehicle service and repair (large and small vehicles) requirement to provide 2.5 spaces per 1,000 square feet of net floor area. RMC does not provide a minimum or maximum parking requirement for fleet vehicle storage. The most similar use based upon staff experience would be outdoor storage area with a minimum and maximum of 0.5 parking spaces per 1,000 square feet of area. The fleet storage area for district vehicles, including school buses, is approximately 2.25 acres, which would allow for an additional 49 parking spaces at the facility. A total of 88-106 spaces would be required on the project site. The applicant has proposed a total of 98 spaces, which falls within the required parking range for these three (3) uses. 7. Special Circumstances. Special circumstances justify the need for the Applicant’s fence height variance. The location of the project site in a high crime area justifies the variance. All of the design standards applicable to the project combined with the limited space of the project site don’t leave sufficient room to meet the objectives of the proposed use while also enabling adequate fenced security. Pushing the fence back to 15 feet (15’), as required by RMC 4-4-040E.2.a, would result in the loss of 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 8 8 an entire row of parking and would therefore not meet the needs of the school district for adequate parking for the facility. Permitting staff concur that the subject site, located in the Community Center Planning Area, warrants enhanced security measures to protect district vehicles from theft and vandalism. The proposed use generally requires that vehicles and property be secured to prevent damage and/or future code enforcement cases. Conclusions of Law 1. Authority. The hearing examiner has final decision-making authority on the consolidated applications subject to this decision. A hearing examiner conditional use permit is required for the proposal because it qualifies as part of an “other government facility” that triggers hearing examiner conditional use permit review under RMC Table 4-2-060. RMC 4-8-080(G) classifies hearing examiner conditional uses as Type III applications The associated variance and conditional use permit appear to qualify as Type I or II uses, but are consolidated with the conditional use permit application to be processed as Type III applications per RMC 4-8-080(C)(2). 2. Zoning/Comprehensive Plan Designations/Design District. The project site has a zoning designation of Commercial Arterial (CA) and is within the Urban Design District D overlay. The Comprehensive Plan Land Use Designation is Commercial Mixed Use (CMU). 3. Review Criteria. Pursuant to RMC 4-9-200B, Site Plan Review is required for development in the Commercial Arterial (CA) zoning classification when it is not exempt from Environmental (SEPA) Review. Site Plan criteria are governed by RMC 4-9-200E.3, variance criteria are governed by RMC 4-9-250(B)(6) and conditional use criteria by 4-9-030(D)1-8. All applicable site plan, variance and conditional use permit criteria are quoted below in italics and applied via associated conclusions of law. Site Plan RMC 4-9-200(E)(2). Level of Detail: a. Master Plans: For master plan applications, the Administrator will evaluate compliance with the review criteria at a level of detail appropriate for master plans. Master plans will be evaluated for general compliance with the criteria and to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the criteria. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 9 9 b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3- 2012) 4. The staff report and this Decision analyze the proposal in detail as required by the criterion above for site plan applications. 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; 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. 5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in Finding No. 151 of the staff report. The proposal is consistent with the zoning code as outlined in Finding No. 16 of the staff report. The project site is located within Design District ‘D’. However, the design standards are not applicable because no buildings are proposed. No planned action ordinance has been identified as applicable to the proposal. 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; 1 References to findings in the staff report are designed by “Finding No. _____.” References to findings from this recommendation are “FOF No. _____.” 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 10 10 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. 6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are significantly adverse. Specifically, not buildings are proposed so criteria applicable to structures don’t apply. The proposal doesn’t include any loading areas or create the need for any. Circulation is adequate as the added parking conforms to the City’s parking circulation standards as verified by staff. Landscaping, views and lighting Circulation and loading areas conform to the criteria for the reasons identified in FOF 5(A), (B) and (C). 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; 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. 7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly adverse. Structure placement and scale are not at issue because no buildings or other above ground structures are proposed beyond fencing an light poles. Extensive landscaping is required of the project as described in FOF No. 5(G) and this landscaping will serve to provide shade and privacy, define open spaces and generally improve upon aesthetics as required by the criterion quoted above. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 11 11 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. 8. The criterion is met. As outlined in FOF No. 6(E), street access would not be changed or affected by the proposal. The proposal will provide for safe and efficient internal circulation and pedestrian connections as determined in FOF No. 6(E). The proposal doesn’t necessitate any loading and delivery areas as outlined in FOF No. 6(E). The proposal will be served by adequate transit and bicycle facilities as determined in FOF No. 6(F). 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. 9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in FOF 6(D). 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. 10. The criterion is met. As determined in FOF No. 5B, there are no significant views for which to maintain visual accessibility. There are also no shorelines in proximity to the project site. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 11. The criterion is met for the reasons identified in FOF No. 5(E), (G) and (H). 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 12 12 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 12. The criterion is met. The project is served by adequate services and facilities as determined in FOF No. 6. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 13. The project does not involve any phasing. Variance RMC 4-9-250(B)(5)(a): That the Applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; 14. The criterion is met due to the special circumstances of the project site as determined in FOF No. 7. Strictly imposing RMC 4-2-120A would deprive the Applicant of rights and privileges enjoyed by others because the unique site conditions identified in FOF No. 7 would prevent the applicant from installing necessary security measures while at the same time having sufficient room to conduct its operations. RMC 4-9-250(B)(5)(b): That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; 15. The criterion is met. As noted in the staff report, The proposed security fence, combined with landscaping buffers along Park Ave N, would maintain visual appeal and provide security without negatively affecting adjacent properties. Given the commercial character of surrounding properties, a black chain link fence is found aesthetically compatible with surrounding use especially given the commercial aesthetics already in place from the existing use. RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; 16. The criterion is met. There is no special privilege as the variance is necessary to enable the Applicant to accommodate necessary parking in a secure manner, a privilege enjoyed by all other developers. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 13 13 RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. 17. The criterion is met. The applicant has minimized the request by maintaining compliance with the required 15-foot (15’) setback along N 5th St while only requesting a reduced setback of four and one-half feet (4.5’) along approximately 143.5 linear feet (143.5’) along Park Ave N (Exhibits 4 and 17). The reduced fence setback allows for the necessary parking and circulation space necessary while maintaining a landscape buffer between the fence and the public sidewalk. The fence height of eight feet (8’) tall is the minimum necessary to deter unauthorized access and vandalism while remaining consistent with other security fencing in the area. Conditional Use Permit 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. 18. The criterion is met as identified in COL No. 5 above. 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. 19. The criterion is met for the reasons identified in FOF 5I. 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. 20. As determined in Finding of Fact No. 5, as conditioned and mitigated, there are no 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. 5, the proposal will not create any adverse aesthetic impacts or any other impacts that would create compatibility problems. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. The criterion is met for the reasons identified in FOF 6G. 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 14 14 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. The criterion is met for the reasons identified in FOF 6E. 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 FOF 5C, the proposal will not create any significant noise, light and 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 determined in FOF 5G. DECISION For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the Applicant’s site plan, conditional use permit and variance are met by the proposal and the applications are approved as depicted in the Site Plan (Exhibit 2), subject to the following conditions of approval: 1. The applicant shall provide details of the proposed off-street (interior or exterior) bicycle parking for at least four (4) spaces in accordance with RMC 4-4-080F.11. A bicycle parking detail shall be provided at the time of civil construction permit to the Current Planning Project Manager for review and approval prior to civil construction permit issuance. 2. The applicant shall submit a lighting plan that demonstrates compliance with Renton Municipal Code (RMC) 4-4-075 and provides enough light for safety and security but does not create excessive light impacts on neighboring properties. The final lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. 3. Prior to final approval, the applicant shall provide documentation demonstrating compliance with Washington Administrative Code (WAC) Section 51-50-0429, ensuring that a minimum of five (5) parking spaces are EV Charging Ready, infrastructure for five (5) additional future EV chargers is installed, and one (1) accessible parking space includes EV Charging Ready infrastructure. Dated this 4th day of March 2025. ______________________________ Phil Olbrechts, City of Renton Hearing Examiner 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 SITE PLAN, VARIANCE AND CONDITIONAL USE CAO VARIANCE - 15 15 Appeal Right and Valuation Notices RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III application(s) subject to appeal to King County Superior Court as governed by the Washington State Land Use Petition Act (LUPA), Chapter 36.70C RCW. LUPA appeals must be filed and served within 21 days of the issuance of this decision as governed by LUPA. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.