HomeMy WebLinkAboutD_LUA19000040_ChickfilA_Driveway_Mod_and_Exhibits_190402DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_LUA19000040_ChickfilA_Driveway_Mod_190327
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: April 2, 2019
Project File Number: PR18-000439
Project Name: Chick-fil-A Driveway Modification
Land Use File Number: LUA19-000040, MOD
Project Manager: Matt Herrera, Senior Planner
Owner: Nelson Gould LLC, 10620 NE 174th Pl, Bothell, WA 98011
Applicant: Don Ikeler, Chick-fil-A, Inc, 15635 Alton Pkwy, Suite 350, Irvine, CA 92619
Contact: Carlos Arias, 4G Development & Consulting, Inc, PO Box 270571, San Diego, CA
92198
Project Location: 361 Rainier Ave S, Renton, WA 98055
Project Summary: The applicant is requesting a modification to the development regulations (RMC 4-
4-080I.2.b) related to the driveway separation from a side property line. The
applicant has requested to locate a driveway closer than five (5) feet to the subject
property’s northern property line. The applicant received administrative site plan
approval for the proposed 4,000 square foot fast food restaurant and associated
improvements on February 8, 2019. The subject property is comprised of three (3)
lots totaling 0.94 acres and is located in the Commercial Mixed Use Comprehensive
Plan land use designation and Commercial Arterial (CA) zoning classification. Vehicle
access to the subject property would be provided in a relocated driveway on Rainier
Ave S (subject of this modification request) and within an existing easement in the
abutting Renton Center Shopping Center.
Site Area: 0.94 acres
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
City of Renton Department of Community & Economic Development
Chick-fil-A Driveway Modification
Administrative Modification Report & Decision
LUA19-000040, MOD
Report of April 2, 2019 Page 2 of 5
D_LUA19000040_ChickfilA_Driveway_Mod_190327
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
C. PROJECT DESCRIPTION/BACKGROUND
The applicant is requesting a modification from RMC 4-4-080I.2.b to locate a driveway on Rainier Ave S
approximately three (3) feet south from the northern property line. RMC 4-4-080I.2.b states “[d]riveways shall
not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint
Use Driveways).”
On February 8, 2019, the applicant received Administrative Site Plan approval, Environmental Threshold
Determination (SEPA), and two modifications from the development regulations to construct an approximate
4,000 square foot fast food restaurant with two (2) vehicle drive through lanes and 42 onsite and five (5) offsite
surface parking spaces located at 361 Rainier Ave S. Associated site improvements including new stormwater
infrastructure and landscaping are also included with the proposal. The existing vacant building (formerly
Diamond Lil’s Casino) would be removed. The subject property is comprised of three (3) lots totaling 0.94 acres
and is located in the Commercial Mixed Use Comprehensive Plan land use designation and Commercial Arterial
(CA) zoning classification. Vehicle access to the subject property would be provided in a relocated driveway on
Rainier Ave S and within an existing easement in the abutting Renton Center Shopping Center.
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on March
11, 2019 and determined the application complete. The project complies with the 120-day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the modification
request (Exhibits 2 and 3).
3. The project site is located 361 Rainier Ave S, Renton, WA 98055.
4. The project site is currently developed with the former Diamond Lil’s Casino. However, the site is vacant
and the existing building will be removed.
5. Access to the site would be provided via a driveway located on Rainier Ave S (subject of this modification
request) and existing easements in the Renton Center Shopping Center.
6. The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use
designation.
7. The site is located within the Commercial Arterial (CA) zoning classification.
8. There are approximately five (5) trees located on-site, of which the applicant is proposing to retain a total
of one (1) tree.
9. The site is mapped with a High Seismic Hazard Area and Wellhead Protection Capture Zone 2.
10. The applicant is proposing to begin construction in 2019 and end approximately 28-weeks from the
beginning of construction.
11. 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,
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
City of Renton Department of Community & Economic Development
Chick-fil-A Driveway Modification
Administrative Modification Report & Decision
LUA19-000040, MOD
Report of April 2, 2019 Page 3 of 5
D_LUA19000040_ChickfilA_Driveway_Mod_190327
and the essence of the comments have been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
12. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080I.2.b.iii in order to
locate a driveway on Rainier Ave S approximately three (3) feet south of the northern property line. The
code citation above states “Driveways shall not be closer than five feet (5') to any property line (except as
allowed under subsection I9 of this Section, Joint Use Driveways).” The proposal is compliant with the
following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore,
staff is recommending approval of the requested modification, subject to conditions as noted below:
Compliance Modification Criteria and Analysis
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and
the proposed modification is the minimum adjustment necessary to implement
these policies and objectives.
Staff Comment: The applicant states “[t]he modification is consistent with the City
intent and Urban Design Guidelines as it provides a safe environment for employees,
patrons, and general public.”
Staff concurs the proposed modification the policy direction of the Comprehensive Plan
and is the minimum adjustment necessary. The proposed driveway location encroaches
approximately two (2) feet into the five (5) foot separation requirement. Locating the
driveway at its proposed location results in a site layout that allows the building to be
oriented to the two street frontages and provides opportunity to screen the surface
parking and drive-through queueing lane with a wide landscaping buffer. The
modification is consistent with Land Use Element Policies L-52 and L-60.
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Staff Comment: The applicant states “[p]rovisions for relocating the driveway
northward to the greatest extent practicable provides public safety and general
wellbeing to the City of Renton. Ingress and egress are required on Rainier Ave to ensure
the most efficient function of traffic circulation both onsite and in the public right-of-
way. Due to the proximity of the busy intersection at Rainier Ave and 3rd Pl, it is
imperative the new driveway be located as far away from the corner as possible to avoid
traffic safety concerns.”
Staff concurs the proposed modification would meet the objectives of function and
maintainability intended by the code requirements. The location of the proposed
driveway is approximately 50-feet north of the site’s existing driveway location. Moving
the driveway north extends the separation from the Rainier Ave S and Renton Center
Way SW/S 3rd Pl intersection thereby reducing conflicts with exiting vehicles from the
subject property and vehicle traffic on Rainier Ave S stopped at the intersection signal.
c. Will not be injurious to other property(ies) in the vicinity.
Staff Comment: The applicant states “[g]ranting of the variance will not be materially
detrimental to the public because the location of the new driveway increases mitigation
measures against potential traffic or pedestrian accidents at the corner intersection.”
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
City of Renton Department of Community & Economic Development
Chick-fil-A Driveway Modification
Administrative Modification Report & Decision
LUA19-000040, MOD
Report of April 2, 2019 Page 4 of 5
D_LUA19000040_ChickfilA_Driveway_Mod_190327
Staff concurs the modification will not be injurious to other properties in the vicinity.
The two (2) foot encroachment into the five (5) foot separation requirement for the
driveway location is nominal and would not impact surrounding properties.
d. Conforms to the intent and purpose of the Code.
Staff Comment: The applicant states “[a] functional design which provides a safe
environment is consistent with code.”
Staff concurs the modification conforms to the intent and purpose of the Code.
Adequate separation from the northern property line is provided. See comments under
criterion ‘b’.
e. Can be shown to be justified and required for the use and situation intended; and
Staff Comment: The applicant states “[t]he Traffic Impact Analysis includes data
showing Rainier Ave and 3rd Pl. as a busy intersection which supports this Modification
request.”
Staff concurs the modification is justified and required for the use and situation
intended. The location of the proposed driveway results in an internal layout that is
conducive to better landscape screening and vehicle circulation. See comments under
criterion ‘b’.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment: The applicant states “[t]he location of the proposed driveway is located
behind the adjacent building. The neighboring building does not have entry doors near
the proposed driveway. The adjacent site does not have pedestrian or vehicular access
points near the proposed driveway. Approval of this driveway will not create an adverse
impact to the adjacent property.”
Staff concurs the modification will not create adverse impacts to other properties in the
vicinity. See comments under criterion ‘c’.
E. DECISION:
The proposal satisfies six (6) of the six (6) criteria listed in RMC 4-9-250D.2 for approval of modifications.
Therefore, the Chick-fil-A Driveway Modification, File No. LUA19-000040, MOD, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, Planning Director Date
TRANSMITTED on April 2, 2019 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Nelson Gould LLC
10620 NE 174th Pl
Bothell, WA 98011
Don Ikeler, Chick-fil-A, Inc
15635 Alton Pkwy, Suite 350
Irvine, CA 92619
Carlos Arias
4G Development & Consulting, Inc,
PO Box 270571
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
4/2/2019 | 2:15 PM PDT
City of Renton Department of Community & Economic Development
Chick-fil-A Driveway Modification
Administrative Modification Report & Decision
LUA19-000040, MOD
Report of April 2, 2019 Page 5 of 5
D_LUA19000040_ChickfilA_Driveway_Mod_190327
San Diego, CA 92198
TRANSMITTED on April 2, 2019 to the Parties of Record:
Curt Kruse
3801 92nd Ave NE
Bellevue, WA 98004
Haley Ausbun
1010 S 336th St, 330
Federal Way, WA 98003
Stephanie Jolivette
Department of Archaeology &
Historic Preservation
PO Box 48343
Olympia, WA 98504-8343
TRANSMITTED on April 2, 2019 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Vanessa Dolbee, Current Planning Manager
Rick Marshall, Fire Marshal
K. 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 16, 2019. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing
Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office,
(425) 430-6510.
EXPIRATION: The Modification 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: F2072D84-7E4F-4C40-9B25-159B0BD5D656
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Chick-fil-A Driveway Modification
Land Use File Number:
LUA19-000040, MOD
Date of Report
April 2, 2019
Staff Contact
Matt Herrera
Senior Planner
Project Contact/Applicant
Carlos Arias
4G Development &
Consulting, Inc
PO Box 270571, San Diego,
CA 92198
Project Location
361 Rainier Ave S, Renton,
WA 98055
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
1
Modification Narrative
New Chick-fil-A Restaurant
361 Rainier Ave S
Renton, WA 98055
3/5/19
Planning Division
City of Renton
1055 South Grady Way, Renton, WA 98057
Summary:
A Modification is requested to allow a new driveway on Rainier Ave to be located within 5’ from the property line. The
site currently has a driveway that will be removed and relocated further north, away from the intersection at Rainier Ave
& 3rd Pl. The existing driveway will be replaced to match the existing right-of-way improvements previously completed
by the City. The approved project (Land Use file No. LUA18-000619, ECF,SA-A, MOD ) shows two access points into the
site to accommodate traffic, parking, and customer demand for the new use. The location of the new driveway on
Rainier Ave is proposed as far north as feasible to mitigate safety concerns at the busy intersection. Strict enforcement
of the code limits the ability to design the safest ingress/egress to the site and right-of-way along Rainier Ave.
RENTON MUNICIPAL CODE:
RMC 4-4-080 Parking Loading, and Driveway Regulations:
I. Driveway Design Standards.
2a. Driveway Spacing Based Upon Land Use:
iii: Driveways shall not be closer than five feet (5') to any property line
Requirements for Modification Request:
Please submit a written statement addressing and justifying how the modification request complies with each of the
following issues to be considered by the Administrator:
a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use
Element and the Community Design Element and the proposed modification is the minimum adjustment
necessary to implement these policies and objectives;
• The modification is consistent with the City intent and Urban Design Guidelines as it provides a safe
environment for employees, patrons, and general public.
b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended
by the Code requirements, based upon sound engineering judgment;
• Provisions for relocating the driveway northward to the greatest extent practicable provides public safety
and general wellbeing to the City of Renton. Ingress and egress are required on Rainier Ave to ensure the
most efficient function of traffic circulation both onsite and in the public right-of-way. Due to the proximity
of the busy intersection at Rainier Ave and 3rd Pl, it is imperative the new driveway be located as far away
from the corner as possible to avoid traffic safety concerns.
c. Will not be injurious to other property(ies) in the vicinity;
• Granting of the variance will not be materially detrimental to the public because the location of the new
driveway increases mitigation measures against potential traffic or pedestrian accidents at the corner
intersection.
d. Conforms to the intent and purpose of the Code;
• A functional design which provides a safe environment is consistent with code.
e. Can be shown to be justified and required for the use and situation intended;
• The Traffic Impact Analysis includes data showing Rainier Ave and 3rd Pl. as a busy intersection which
supports this Modification request.
f. Will not create adverse impacts to other property(ies) in the vicinity. EXHIBIT 2 RECEIVED
03/11/2019 mherrera
PLANNING DIVISION
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
2
• The location of the proposed driveway is located behind the adjacent building. The neighboring building
does not have entry doors near the proposed driveway. The adjacent site does not have pedestrian or
vehicular access points near the proposed driveway. Approval of this driveway will not create an adverse
impact to the adjacent property.
Carlos Arias
4G Development & Consulting, Inc.
Phone: 951-970-9138
Email: carias@4gdev.com
Address: PO BOX 270571, San Diego, CA 92198
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656
IN COMPLIANCE WITH CITY OF RENTON STANDARDS
Dial 811
Callbefore you dig.
below.Know what's
CHICK-FIL-A RENTON
LANDSCAPE AREAS PER
LANDSCAPE PLANS
PRELIMINARY 38
f
t
20 ft 71
ft3 ftEXHIBIT 3
RECEIVED
03/11/2019 mherrera
PLANNING DIVISION
DocuSign Envelope ID: F2072D84-7E4F-4C40-9B25-159B0BD5D656