HomeMy WebLinkAboutSR_SW 41st Rezone_HEX_FINALREPORT TO THE HEARING EXAMINER
Hearing Date:
March 18, 2025
Project File Number:
PR24-000002
Project Name:
SW 41st St Rezone
Land Use File Number:
LUA24-000281, ECF, R
Project Manager:
Jill Ding, Senior Planner
Owner:
Kana Properties, LLC, 101 SW 41st St, Renton, WA 98057
Applicant/Contact:
William Millhollin, Northwest Permit, 1026 SW 151st St, Burien, WA 98166
Project Location:
101 SW 41st St, Renton, WA 98057 (APN 3926800040)
Project Summary:
The applicant is requesting a recommendation from the Hearing Examiner for a site specific rezone not requiring a comprehensive plan amendment to change the existing zoning from Commercial
Office (CO) to Commercial Arterial (CA). The Hearing Examiner’s recommendation would then be forwarded to City Council for a final decision. The purpose of the Commercial Arterial zone
(CA) is to evolve from “strip commercial” linear business districts to business areas characterized by enhanced site planning and pedestrian orientation, incorporating efficient parking
lot design, coordinated access, amenities and boulevard treatment with greater densities. The CA zone provides for a wide variety of retail sales, services, and other commercial activities
along high-volume traffic corridors. Residential uses may be integrated into the zone through mixed-use buildings. The requested rezone is intended to accommodate expanded retail use
types to align with the current use demand of the neighborhood. The proposed rezone is not associated with a proposed development at this time. The project site is located within the
Employment Area (EA) Comprehensive Plan Land Use Designation. No change in the existing vehicular access points are proposed. The project site is mapped within a high seismic hazard
area.
Site Area:
59,417 sq. ft. (1.36 acres)
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B. EXHIBITS:
Exhibits 1-3:
As shown in the Environmental Review Committee (ERC) Report
Staff Report to the Hearing Examiner
SEPA Determination of Non-Significance (DNS)
Duwamish Tribe Comments
Staff Response to Duwamish Tribe
Project Narrative and Rezone Justification
Vicinity Maps
C. GENERAL INFORMATION:
Owner(s) of Record:
Kana Properties, LLC
101 SW 41st St
Renton, WA 98057
Zoning Classification:
Comprehensive Plan Land Use Designation:
Existing Site Use:
The site is currently developed with an existing 15,104 square foot multi-tenant retail building.
Critical Areas:
The project site is mapped within a seismic hazard area.
Neighborhood Characteristics:
North:
Burger King and Car Max, Employment Area (EA) Comprehensive Plan Designation and Commercial Arterial (CA) zone
East:
Automotive Repair, Employment Area (EA) Comprehensive Plan Designation and Commercial Arterial (CA) zone
South:
Office Park, Employment Area (EA) Comprehensive Plan Designation and Commercial Office (CO) zone
West:
Office Park, Employment Area (EA) Comprehensive Plan Designation and Commercial Office (CO) zone
Site Area:
59,417 sq. ft. (1.36 acres)
D. HISTORICAL/BACKGROUND:
Action
Land Use File No.
Ordinance No.
Date
Comprehensive Plan
N/A
6153
12/09/2024
Zoning
N/A
6154
12/09/2024
Annexation (S 180th)
N/A
1745
04/19/1959
Conditional Use (RCCG King's Court Church)
LUA18-000696
N/A
03/15/2019
E. PUBLIC SERVICES:
Existing Utilities
Water: Water service would be provided by the City of Renton. There is an existing twelve-inch (12”) water main to the north of the site within SW 41st St. There is an existing eight-inch
(8”) watermain located along the east side of the project site. There is an existing eight-inch (8”) watermain located within the abutting property to the west of the project site.
Sewer: Sewer service would be provided by the City of Renton. There an existing twenty-seven-inch (27”) King County sewer main located along the east property boundary with an existing
six-inch (6”) sewer stub connecting to the existing building.
Surface/Storm Water: There are existing private storm drainage facilities located onsite.
Streets: The project site fronts on SW 41st St along the north property line. SW 41st St is classified as a Collector Arterial with an existing right-of-way (ROW) width of approximately
84 feet (84’). The project site fronts on East Valley Road along the east property line. East Valley Road is classified as a Collector Arterial with an existing ROW width of approximately
81 feet (81’).
Fire Protection: Renton Regional Fire Authority (RRFA)
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
Chapter 2 Land Use Districts
Section 4-2-010 Zones and Map Designations Established
Section 4-2-020: Purpose and Intent of Zoning Districts
Section 4-2-060: Zoning Use Table – Uses Allowed in the Zoning Designations
Section 4-2-120: Commercial Development Standards
Chapter 4 City-Wide Property Development Standards
Chapter 6 Streets and Utility Standards
Section 4-6-060: Street Standards
Chapter 9 Permits – Specific
Section 4-9-180 Rezone Process
Chapter 11 Definitions
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
Land Use Element
H. FINDINGS OF FACT (FOF):
The Planning Division of the City of Renton accepted the above master application for review on December 19, 2024 and determined the application complete on January 15, 2025. The project
complies with the 170-day review period for a Type IV permit.
The project site is located at 101 SW 41st St, Renton, WA 98057 (APN 3926800040).
The project site is currently developed with an existing 15,104 square foot multi-tenant retail building.
Access to the site would remain in its current configuration. There is currently one curb cut off of SW 41st St and one curb cut off of East Valley Rd.
The property is located within the Employment Area (EA) Comprehensive Plan land use designation.
The site is located within the Commercial Office (CO) zoning classification.
The site is mapped within a high seismic hazard area.
Staff received one (1) agency comment email from the Duwamish Tribe (Exhibit 6) after the completion of the 14-day public comment period. Staff responded to the Duwamish Tribe’s comment
in Exhibit 7.
No other public or agency comments were received.
Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 10, 2025 the Environmental Review Committee issued a Determination of Non-Significance
(DNS) for the SW 41st St Rezone (Exhibit 5). A 14-day appeal period commenced on February 10, 2025 and ended on February 24, 2025. No appeals of the threshold determination have been
filed.
Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed rezone. These comments are contained in the
official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report.
Comprehensive Plan Compliance: The site is designated Employment Area (EA) on the City’s Comprehensive Plan Map. Employment Areas provide a significant economic development and employment
base for the City. Maintain a variety and balance of uses through zoning that promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial
and office uses. The proposal is compliant with the following development standards if all conditions of approval are met:
Compliance
Comprehensive Plan Analysis
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Goal LU-K: Cultivate an energetic business environment and commercial activity to provide a range of service, commercial, and mixed-use residential uses that enhance the City’s employment
and tax base along arterial streets and in Countywide and Regional Growth Centers.
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Goal LU-M: Encourage a mix of industrial, high technology, office, and commercial activities in Employment Areas to strengthen Renton’s employment base and spur economic growth.
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Goal LU-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development.
Rezone Criteria: The applicant is requesting a rezone to change the existing zoning from Commercial Office (CO) to Commercial Arterial (CA). Pursuant to RMC 4-9-180D, site specific rezone
requests no requiring an amendment to the Renton Comprehensive Plan shall be reviewed in an open public hearing held before the Hearing Examiner. Following the close of the public hearing,
the Hearing Examiner provides a written recommendation to the City Council for final approval. The CA zone provides for a wide variety of retail sales, services, and other commercial
activities along high-volume traffic corridors. The requested rezone is intended to accommodate expanded retail use types to align with the current use demand of the neighborhood. The
proposed rezone is not associated with a proposed development at this time. The rezone property is located within the Employment Area (EA) Comprehensive Plan land use designation, which
is implemented by the CO and CA zones. The proposal is compliant with the following rezone criteria, pursuant to RMC 4-9-180F.2, if all conditions of approval are met:
Compliance
Rezone Criteria
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a. The rezone has merit and value for the community, and will not adversely affect public health, safety, and welfare.
Staff Comment: The applicant contends that the proposed rezone would have merit and value for the community, and would not adversely affect public health, safety, and welfare by providing
broader retail opportunities than presently exist under the current CO zoning (Exhibit 8). Additionally, appropriate zoning designations are intended to protect the welfare, safety,
and health of the public, as well as, allowing for uses that result in an appropriate and best use of the land. On the subject property, the applicant contends that the best use would
be retail. Further, retail businesses contribute to the City’s tax base and increase resources of public services and infrastructure.
Staff concurs that the requested rezone has merit and would provide value for the community without adversely impacting the public health, safety, and welfare. The proposed rezone from
CO to CA would be appropriate for the project site as the project site is currently developed with an existing multi-tenant retail building and is not developed with offices. The requested
rezone would allow for a broader range of retail uses on the project site that are currently permitted under the CO zone. There are adequate public services and facilities available
to accommodate any increased demands created by the proposed rezone.
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b. The rezone will not be materially detrimental to the uses or properties located in the immediate vicinity thereof.
Staff Comment: The applicant contends that the proposed rezone would not be materially detrimental to the uses of properties in the immediate vicinity thereof. Moreover, many of the
neighboring properties are already zoned CA, which is compatible with the remaining CO zoned parcels.
Staff concurs, that the requested rezone would not be materially detrimental to the uses or properties located within the immediate vicinity. The adjacent properties to the north and
east are currently zoned CA and the existing building located on the project site is currently occupied with a multi-tenant retail building. There are no stand-alone office uses located
on the site that would warrant the existing CO zoning designation.
Furthermore, the rezone is anticipated to increase traffic, as retail use generally generates more traffic than office use. However, it is not anticipated that the proposed rezone would
create any level of service problems or exceed public service and infrastructure capacity within the immediate vicinity.
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b. The rezone will not be materially detrimental to the uses or properties located in the immediate vicinity thereof.
Staff Comment: The applicant contends that the proposed rezone would not be materially detrimental to the uses of properties in the immediate vicinity thereof. Moreover, many of the
neighboring properties are already zoned CA, which is compatible with the remaining CO zoned parcels.
Staff concurs, that the requested rezone would not be materially detrimental to the uses or properties located within the immediate vicinity. The adjacent properties to the north and
east are currently zoned CA and the existing building located on the project site is currently occupied with a multi-tenant retail building. There are no stand-alone office uses located
on the site that would warrant the existing CO zoning designation.
Furthermore, the rezone is anticipated to increase traffic, as retail use generally generates more traffic than office use. However, it is not anticipated that the proposed rezone would
create any level of service problems or exceed public service and infrastructure capacity within the immediate vicinity.
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c. Since the original zoning or most recent rezone of the subject property, conditions affecting the subject property have substantially changed as a result of, but not limited to,
public improvements or permitted private development.
Staff Comment: The applicant contends that since the CO zone was established for the subject property, conditions affecting the subject property have substantially changed due to the
dramatic reduction in demand for office space since the pandemic, especially office space in retail strip mall.
Staff concurs that the conditions have changed since the original zoning of the subject property to CO. The project site is currently developed with a multi-tenant retail building, the
CA zoning designation would allow for a broader range of retail uses within the existing retail building than the current CO zoning designation would allow.
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d. The property subject to rezone was not specifically considered for a rezone at the time of the last area land use analysis and area zoning.
Staff Comment: The subject property was not considered for a rezone at the time of the last area land use analysis and area rezoning, and specifically was not considered with its neighboring
parcels in Ordinance 5832.
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e. The characteristics of development upon the land subject to the rezone application are compatible with the purpose and intent of the proposed zone as well as the zone-specific policy
of the proposed zone, as provided by the Comprehensive Plan.
Staff Comment: The applicant contends that the characteristics of development upon the land subject to the rezone application are compatible with the purpose and intent of the proposed
zone as well as the zone-specific policy of the proposed zone, as provided by the Comprehensive Plan. More specifically, the entire area is identified as an Employment Area land use designation
in the Comprehensive Plan, which is expressly compatible with CA zoning.
Staff concurs that the existing development on the subject property would be compatible with the purpose and intent of the proposed CA zoning designation. As previously discussed, the
project site is currently developed with an existing multi-tenant retail building. The proposed CA zoning designation would allow for a broader range of retail uses that could be permitted
within the individual tenant spaces.
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f. The rezone does not conflict with the governing Community Plan, if one was adopted for the Community Planning Area in which the property subject to the rezone is located.
Staff Comment: The subject property is located in the Valley Community Plan area, and no governing Community Plan has been adopted. Therefore, the rezone does not conflict with any governing
Community Plan.
I. CONCLUSIONS:
The subject site is located in the Employment Area (EA) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 12.
The proposed rezone complies with the Rezone Criteria as established by City Code, see FOF 13.
J. RECOMMENDATION:
Staff recommends approval of the SW 41st St Rezone, File No. LUA24-000281, ECF, R, as depicted on the Site Plan (Exhibit 2).
CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER
EXHIBITS
Project Name:
SW 41st St Rezone
Land Use File Number:
LUA24-000281, ECF, R
Date of Hearing
March 18, 2025
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
William Millhollin
Northwest Permit
1026 SW 151st Street, Burien, WA 98166
Project Location
101 SW 41st St, Renton, WA 98057 (APN 3926800040)
The following exhibits are included with the Staff Report to the Hearing Examiner:
Exhibits 1-3:
As shown in the Environmental Review Committee (ERC) Report
Staff Report to the Hearing Examiner
SEPA Determination of Non-Significance (DNS)
Duwamish Tribe Comments
Staff Response to Duwamish Tribe
Project Narrative and Rezone Justification
Vicinity Maps