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HomeMy WebLinkAboutD_Admin_Variance_SRTC_Fence_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin Variance SRTC Fence_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: March 26, 2025 Project File Number: PR21-000095 Project Name: South Renton Transit Center and Roadway Improvements Project (Fence Variance) Land Use File Number: LUA25-000036, V-A Project Manager: Jill Ding, Senior Planner Owner/Applicant: Sound Transit, 401 S Jackson St, Seattle, WA 98104 Contact: Gary Yao, Sound Transit, 401 S Jackson St, Seattle, WA 98104 Project Location: 760 Rainier Ave S / 101 S Grady Way, Renton, WA 98057 (Parcel Nos. 1923059035, 1923059063, 1923059068, and 1923059074) Project Summary: The applicant, Sound Transit, is requesting an Administrative Variance for a fence to exceed the maximum fence height permitted. The subject property is approximately 8.3 acres and is in the Commercial Mixed Use (CMU) Comprehensive Plan Land Use Designation, Commercial Arterial (CA) zone, Rainier Grady Junction overlay district, and the Urban Design District D overlay district. Within the CA zone, fences located within fifteen feet (15') of a front or secondary front property line would be limited to a maximum height of forty- eight inches (48"). A fence is proposed along the north property line that would exceed forty-eight inches (48") within fifteen feet (15') of the east property line, which has frontage along Lake Ave S to the east. The north property line separates the SRTC site from the car dealership to the north. An eight-foot (8') tall fence is proposed along the north property wall on top of a variable-height retaining wall. Within fifteen feet (15') of the property line abutting Lake Ave S, the combined height of the fence and the wall would be approximately ten feet two inches (10' 2"). Site Area: Approx 8.3 acres Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 2 of 8 D_Admin Variance SRTC Fence_FINAL B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Fence Elevation Exhibit 4: Variance Justification Exhibit 5: Public Comment from Rich Botello Exhibit 6: City Response to Rich Botello Comments C. GENERAL INFORMATION: 1. Owner(s) of Record: Sound Transit 401 S Jackson St Seattle, WA 98104 2. Zoning Classification: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Commercial Mixed Use (CMU) 4. Existing Site Use: South Renton Transit Center (SRTC) 5. Critical Areas: The project site is mapped with High Seismic Hazard Areas and a Wellhead Protection Area, Zone 2. 6. Neighborhood Characteristics: a. North: Car Dealership and Retail use, Commercial Arterial (CA) zone and Commercial Mixed-Use Land Use Designation b. East: King County Metro Park and Ride, Commercial Arterial (CA) zone and Commercial Mixed-Use Land Use Designation c. South: Transitional Housing, Gas Station, and Office, Commercial Arterial (CA) zone and Commercial Mixed-Use Land Use Designation d. West: Automotive Retail, Commercial Arterial (CA) zone and Commercial Mixed-Use Land Use Designation 7. Site Area: Approx 8.3 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 N/A 1547 06/07/1956 Sound Ford Addition LUA99-034 N/A 04/13/1999 Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 3 of 8 D_Admin Variance SRTC Fence_FINAL Sound Ford Office Trailer TUP LUA99-112 N/A 08/13/1999 Walker Subaru Lot Line Adjustment LUA02-025 N/A 05/13/2002 Sound Ford Temporary Sign Permit LUA08-092 N/A 09/12/2008 South Renton Transit Center CAO Exemption LUA21-000115 N/A 04/06/2021 South Renton Transit Center Building Demolition LUA21-000294 N/A 10/05/2021 South Renton Transit Center Soil Remediation and Temporary Artwork LUA22-000272 N/A 08/23/2022 South Renton Transit Center and Roadway Improvements Project LUA24-000233 N/A 10/29/2024 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-120: Commercial Development Standards 2. Chapter 4 City-Wide Property Development Standards a. Section 4-4-040: Fences, Hedges, and Retaining Walls 3. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 4. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on February 6, 2025 and determined the application complete on February 12, 2025. This Type II Permit complies with the 100-day review time period. 2. The applicant’s submittal materials comply with the requirements necessary to process the Administrative Variance request (Exhibits 2-4). Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 4 of 8 D_Admin Variance SRTC Fence_FINAL 3. The project site is located at 760 Rainier Ave S / 101 S Grady Way, Renton, WA 98057 (Parcel Nos. 1923059035, 1923059063, 1923059068, and 1923059074). 4. The project site is currently being developed as the South Renton Transit Center and Roadway Improvement Project (see LUA24-000233). 5. The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use designation. The intent of this designation is to transform strip commercial development into business districts through the maximization of uses and with cohesive site planning, landscaping, signage, circulation, parking, and the provision of public amenity features. The project complies with the goals and policies of this Comprehensive Plan land use designation: Compliance Comprehensive Plan Analysis ✓ Goal L-BB: Ensure new development supports a high quality of life with design that is functional and attractive. ✓ Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. 6. The site is located within the Commercial Arterial (CA) zoning classification. 7. The project site is mapped with High Seismic Hazard Areas and a Wellhead Protection Area, Zone 2. 8. The following variance to exceed the fence height restrictions of the Commercial Arterial (CA) zone has been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-4-040C.2.a and E.1 Fences, Hedges, and Retaining Walls Maximum Height: In any commercial zone, the maximum height of any fence, hedge or retaining wall shall be eight feet (8’), provided the fence does not pose a traffic or vision hazard. A fence shall not be constructed on top of a retaining wall unless the total combined height of the retaining wall and the fence does not exceed the allowed height of a standalone fence. The north property line separates the SRTC site from a car dealership and retail use to the north. An eight-foot (8') tall fence is proposed along the north property wall on top of a variable-height retaining wall. Within fifteen feet (15') of the property line abutting Lake Ave S, the combined height of the fence and the wall would be approximately ten feet two inches (10' 2"). RMC 4-4-040E.2.b Fences, hedges, or retaining walls shall not exceed forty-eight inches (48") in height within fifteen feet (15') of the secondary front yard property line. In no case shall a fence, hedge, or retaining wall exceed forty-two inches (42") in height in any part of the clear vision area as defined by RMC 4-11-030, Definitions C. A fence is proposed along the north property line that would exceed forty- eight inches (48") within the fifteen foot (15') secondary front yard setback of the east property line, which has frontage along Lake Ave S. Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 5 of 8 D_Admin Variance SRTC Fence_FINAL 9. One (1) public comment email was received (Exhibit 5) expressing concerns with regards to the fence height variance request with respect to how it would impact 720 Rainier Ave S. Staff responded to the public comment in Exhibit 6, noting that the requested fence height variance would not be located along the common property line abutting 720 Rainier Ave S. 10. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 11. Pursuant to WAC 197-11-800(6)(e), land use decisions are categorically exempt from the State Environmental Policy Act (SEPA) for the granting of a variance based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density. 12. Variance Analysis: The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250B.5. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ 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. Staff Comment: The applicant contends that the fence height regulations would result in practical difficulties on the project site and that the variance is necessary due to special circumstances applicable to the subject property. Currently, an existing chain-link, barbed wire fence exceeding forty-eight inches (48”) is located along the north property line of the site. This fence delineated the boundary of the Sound Ford dealership (previous use of the SRTC site) from the car dealerships located to the north. The proposed use of the site as a public transit center would increase the need for a fence between these parcels. The combined retaining wall and fence must exceed forty-eight inches (48”) within fifteen feet (15’) of the east property line to adequately stop any members of the public from entering the car dealership parcel to the north from an uncontrolled access point. Strict application of the Zoning Code and shortening the combined retaining wall and fence to forty-eight inches (48”) within fifteen feet (15’) of the WSDOT parcel boundary to the east would create a gap in fence height that is otherwise allowed along the north property line and matches the existing fence height to the north. This condition would ineffectively prevent people entering the parcel to the north from an uncontrolled access point. By granting this variance, both Sound Transit and the property owners to the north would enjoy the same right to adequately manage access and security as that afforded to the owners of other CA-zoned properties in the vicinity. Staff has reviewed the proposed variance request and concurs that strict adherence to the commercial fence height limitations would cause unnecessary hardship and be a security concern for the abutting car dealership property to the north of the project site. Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 6 of 8 D_Admin Variance SRTC Fence_FINAL ✓ 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. Staff Comment: The applicant contends that the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone. The applicant further contends that the proposed fence would protect the abutting property to the north and replace the existing chain-link fence with a more visually appealing steel picket fence. In addition, the proposed fence would not impact the line-of-sight views for buses exiting and entering the site and other motorists using Lake Ave S. Staff has reviewed the applicant’s justifications and concurs that the proposed fencing would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on the site and neighborhood characteristics. The granting of the variance would not have a negative visual impact on the surrounding properties as the proposed steel picket fencing would be more visually appealing than the existing chain-link fence. In addition, as shown on the submitted site plan (Exhibit 2), the proposed fencing that would exceed the maximum eight-foot (8’) tall fence height would be limited to the area along the north property line on the east portion of the project site for a length of twenty-four feet (24’) from Lake Ave S. In addition, as depicted on the submitted site plan (Exhibit 2), the proposed fencing would be located outside of the required clear vision area where the driveway access to the South Renton Transit Center intersects with Lake Ave S. ✓ 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. Staff Comment: The applicant contends that approval of the variance would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone. The purpose of this variance is to afford the same right to adequately manage access and security consistent with that enjoyed by owners of other CA-zoned properties in the vicinity. Staff has reviewed the applicant’s justifications and concurs that the granting of the variance would not constitute a grant of special privilege inconsistent with other properties in the vicinity and under the same zoning designation. The granting of this variance would allow the applicant to provide adequate security fencing between the project site and the abutting property to the north. ✓ d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends the proposed variance is the minimum necessary to meet the abutting property to the north and Sound Transit’s security needs as it is consistent with the proposed fence height along the north property line and the existing fence height to the north. Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 7 of 8 D_Admin Variance SRTC Fence_FINAL Staff reviewed the variance request and concludes that the proposed fence heights would be the minimum required in order to adequately secure the project site. H. CONCLUSIONS: 1. The subject site is located in the Commercial & Mixed Use (CMU) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 5. 2. The subject site is located in the Commercial Arterial (CA) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code, see FOF 6. 3. The proposed fence height variance complies with the Variance Criteria provided the applicant complies with City Code, see FOF 12. I. DECISION: The South Renton Transit Center and Roadway Improvements Project (Fence Variance), File No. LUA25- 000036, V-A, as depicted in Exhibit 2, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Planning Director Date TRANSMITTED on March 26, 2025 to the Owner/Applicant/Contact: TRANSMITTED on March 26, 2025 to the Parties of Record: Rich Botello Air Locker, Inc. rbotello@arbuse.com TRANSMITTED on March 26, 2025 to the following: Gina Estep, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Free, Economic Development Acting Director Clark Close, Current Planning Manager Owner/Applicant: Contact: Sound Transit 401 S Jackson St Seattle, WA 98104 Gary Yao Sound Transit 401 S Jackson St Seattle, WA 98104 Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC 3/26/2025 | 12:29 PM PDT City of Renton Department of Community & Economic Development South Renton Transit Center and Roadway Improvements Project (Fence Variance) Administrative Report & Decision LUA25-000036, V-A Report of March 26, 2025 Page 8 of 8 D_Admin Variance SRTC Fence_FINAL Nate Janders, Development Engineering Manager Anjela Barton, Fire Marshal J. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 9, 2025. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1)-year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: South Renton Transit Center and Roadway Improvements Project (Fence Variance) Land Use File Number: LUA25-000036, V-A Date of Report March 26, 2025 Staff Contact Jill Ding Senior Planner Project Applicant/Contact Gary Yao Sound Transit 401 S Jackson St, Seattle, WA 98104 Project Location 760 Rainier Ave S / 101 S Grady Way, Renton, WA 98057 The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Fence Elevation Exhibit 4: Variance Justification Exhibit 5: Public Comment from Rich Botello Exhibit 6: City Response to Rich Botello Comments Docusign Envelope ID: 3ABE765E-F6D2-4C93-9FC0-078C89EAF5DC