HomeMy WebLinkAboutCarlson Letter & Decision Denis Law Mayor
City Clerk-Jason A.Seth,CMC
November 13, 2019
Joe Carlson
Valley Tower Associates
15029 Woodinville-Redmond Rd, #200
Woodinville, Wa 98072
Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision
RE: Chateau Valley Tower- Site Plan & Development Standard Modifications
- LUA-19-000158
Dear Mr. Carlson:
Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision dated November 5, 2019. Also, this document is immediately available on our
website: •
•
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Land
Use Decisions". The Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 orjseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. eth, CMC •
City Clerk
cc: Hearing Examiner
Alex Morganroth,Associate Planner
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record (5)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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9 RE: Chateau Valley Tower )
10 ) FINDINGS OF FACT, CONCLUSIONS
Site Plan and Development Standard ) OF LAW AND FINAL DECISION
11 Modifications )
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12 LUA19-000158, SA-H, ECF, MOD, )
MOD, MOD )
13 )
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Summary
15
The Applicant has applied for site plan approval for an expansion of an assisted living facility located
16 at 4320 Davis Ave S. The proposal also includes three modifications to development standards,
17 specifically to street frontage requirements, bicycle parking standards and refuse and recycling
standards. The site plan and three development standard modifications are approved subject to
18 conditions.
19 Testimony
20 Clark Close, Renton Senior Planner, summarized the Staff Report. In regard to Ex. 33, the Applicant's
21 fire impact fee memo, Mr. Close stated he emailed Mr. Corey Thomas, Lead Plans Review Inspector
for the Renton Regional Fire Authority. The Applicant feels that the facility is not a medical care
22 facility but that it is more multi-family related,which has a much lower fee amount. Mr.Thomas noted
the Fire Authority supports the change no problem. This change would be an update to Ex. 20.
23
24 Brianne Bannwarth, Development Engineering Manager, clarified in response to examiner questions
that a preliminary traffic study had been prepared, but a full traffic report had not been conducted
25 because the PM trip generation did not reach the threshold for triggering such a study.
26 Dustin Thorlakson, Applicant's architect, went over the project site plan and project elevations. The
project site is currently an overflow parking lot. The expansion will abut the north wall of the existing
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facility where corridor connections will be made. The project has a total of nine stories. Two stories
2 are below ground with the second story at the basement level of the existing facility due to a change in
grade. He showed an outdoor garden area as a new amenity for facility residents as well as a solarium.
3 The second level of parking will have handicap stalls. The living units will be a mix of studio and one-
4 and two-bedroom units. Some units will have a den. Each floor from levels one through six has
between eleven and fourteen units. Level 7 has a few units and amenity space. The drop off area will
5 have a porte cochere that protrudes from the main entrance. Anyone loading off a bus or van will be
covered. Levels 2-4 connect to the existing facility. Level 7 will have a second kitchen for the facility
6 and a dining area. In response to examiner questions, Mr. Thorlakson responded that each unit has
kitchens, a balcony and a fireplace. The dining area will open into the garden area. The roof top
7 mechanical equipment will be in a well accessible from Level 7 and the equipment will not be visible
8 from outside.
9 Cliff Williams, project civil engineer, addressed the traffic circulation plan and stormwater
improvements. There are three driveways going into the site. The first is to the lower level of the
10 parking, two way in and out. The next one is to the upper level of the parking plus traffic from the
drop-off area will exit in that driveway. The third driveway is at the south end for vehicles dropping
11 off people at the new facility. Mr.Williams acknowledged that the staff report had identified that some
12 proposed driveway width was not wide enough to meet City code and he noted that the Applicant has
determined how to correct the situation. He noted that the added width can be acquired by converting
13 some standard parking to compact parking. Reducing the curbing around a transformer will also add
some width. Finally, the space taken up by a sidewalk at the drop off location can be reduced. In
14 response to examiner questions, Mr. Williams answered that there are seven handicap stalls outside.
As to storm drainage, the Applicant is placing a new detention vault under the handicap stalls. The
15 vault will be opposite and parallel to an existing vault.
16
Joe Carlson, Applicant's vice president of construction and maintenance, noted that a parking study
17 had been done. The analysis included a comparative analysis to three other similar facilities. The study
showed that parking per unit started at 0.40 as a low and the high was at 0.58 stalls per unit with an
18 average of 0.49 stalls per unit. The Applicant is proposing 0.86 stalls per unit. The proposed parking
should therefore be approved under RMC 4-4-080F.10.C. As to exterior amenities,the Applicant plans
19 on having the exterior rooftop garden. There's also a triangle space with garden space and benches as
20 a spot where residents can enjoy the outdoors.
21 James Godfrey, owner and CEO of Applicant, identified where some screening would be placed.
Handicap parking is an important consideration in an assisted living facility, but from 30 years'
22 experience it's not as big as one would think. This is'because a high percentage of assisted living
23 residents don't have cars. They can do that because there's a community bus and two vans. Residents
are taken on the road all the time for shopping, entertainment, doctor's appointment etc. A lot of
24 entertainment is brought into the building. They don't have to go out for it. The Valley Medical Center
has vans that transport people as well since the proposal is on the medical campus. A lot of the residents
25 use Valley Medical Center as their doctors. The Applicant has no problem complying with staff
recommended Condition No. 1, which requires conformance to SEPA mitigation measures. The
26 Applicant will work with the City to comply with staff recommended Condition No. 2, which requires
refuse/recycling screening. Condition No. 3 regarding a parking plan— the Applicant plans on doing
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a formal modification request as authorized by the condition. The Applicant views the phases as
2 independent of each other, but turns out staff views it all as one project. The existing and proposed
buildings are separate structurally and can operate independently of each other. They could be operated
3 by two different companies. They're on separate lots. In response to examiner questions,Mr. Godfrey
4 noted that the only connection between the two buildings is the connection of the second, third and
fourth floors and that's why they're going the modification route instead of disputing Condition No. 3.
5 The Applicant could remove the connection if they had to, but that would be an inconvenience to the
residents. Separate legal entities currently own the buildings with separate financing. One reason they
6 did the lot line adjustment was to facilitate the separate financing so that there wouldn't be two liens
on the same parcel and each building would have its own lot. Even together the buildings still meet
7 the ITE parking standards for assisted living, they just don't meet the City of Renton standards. The
8 existing building has been operated since 2005 with no problems or complaints with the existing
parking. They also have an arrangement with Valley Medical Center to use their staff parking lot
9 across the street for big events, which are normally held evenings or weekends. Mr. Godfrey asserted
that the City will not make the Applicant comply with recommended Condition No. 4, which requires
10 a lot combination, because of the need for separate financing. As to the driveway width requirement
for Condition No. 5, the Applicant is doing that as discussed by Mr. Williams. The Applicant will
11 comply with Condition No. 6, requiring weather protection over the bike rack. For Condition 7
12 requiring building modulation and articulation, that will be done, although it's a tight site and a lot of
that type of design has already been done but he's sure something can be worked out with the City.
13 The Applicant will submit a lighting plan as required by Condition No. 8. The Applicant will comply
with Condition No. 9 through 12.
14
Mr. Close agreed to replace Condition No. 4, requiring lot consolidation, with a reciprocal parking and
15 lot access agreement. Mr. Godfrey agreed to that modification.
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Exhibits
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The October 22, 2019 Staff Report Exhibits 1-29 identified at Section B of the Staff Report were
18 admitted into the record during the hearing. In addition, the following exhibits were admitted during
19 the hearing.
20 Exhibit 30 City of Renton Power Point
Exhibit 31 City of Renton COR Maps
21 Exhibit 32 Google Maps
Exhibit 33 Memo from Lane Powell re fire impact fees
22 Exhibit 34 Applicant Power Point
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Findings of Fact
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Procedural:
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26 1. Applicant.The Applicant is James Godfrey,Valley Tower Associates, 15029 Woodinville-
Redmond Rd#200, Woodinville, WA 98072.
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2 2. Hearing. The Examiner held a hearing on the subject application on October 22, 2019 in the
City of Renton Council Chambers.
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4 Substantive:
5 3. Project Description. The Applicant has applied for site plan approval and three modifications
to development standards, specifically to street frontage requirements, bicycle parking standards and
6 refuse and recycling standards for an expansion of an assisted living facility located at 4320 Davis
Ave S. The site is 0.58 acres in size and located north of the existing 2.2-acre Phase I Chateau at
7 Valley Center Assisted Living Facility at 4450 Davis Ave S. Phase I was completed in 2005 with 126
8 apartment units. Phase II is proposed as a nine (9) level tower with two levels of structured parking
(66 stalls) under the 73 assisted living units. The proposed new assisted living building would have a
9 density of 126 du/ac and a roof height of nearly 84 feet. The new facility would connect to the existing
facility on levels one through four. Access to the site would be provided via Davis Ave S.
10
The Applicant is requesting a street modification to Davis Ave S to retain the existing frontage
11 improvements and to add a new curb cut roughly 34 feet from the existing curb cut to access the upper
12 parking level. The Applicant is also requesting a bicycle parking modification to reduce bicycle
parking and a refuse and recycling modification to reduce the size of the trash enclosure area.
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4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
14 infrastructure and public services as follows:
15 A. Water and Sewer Service. Adequate water and sewer facilities are proposed. Water and
16 sewer service will be provided by the City of Renton. There are existing 12-inch diameter
City water mains located in Davis Ave S and in S 45th P1 that can deliver a maximum
17 capacity of 4,800 gallons per minute (gpm). Additionally, there is an existing 12-inch
_ diameter City dead-end water main that ends near the northeast corner of the existing
18 building that can deliver a maximum capacity of 2,800 gpm. There is an existing 8-inch
wastewater main located in Davis Ave S.
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B. Fire and Police. Police protection is provided by the City of Renton. Fire protection is
21 provided by the Renton Regional Fire Authority. Police and Fire Prevention staff indicated
that sufficient resources exist to furnish services to the proposed development if the
22 Applicant provides Code required improvements and fees and complies with the mitigation
23 measures issued as part of the SEPA determination. The Applicant may also be required to
pay a fire impact fee to pay proportionate share demand placed on fire facilities, although
24 the Applicant disputes the need for fire impacts fees. That issue is deferred for when the
fees become due during building permit review since it is a separate decision made outside
25 the scope of this review process. Fire impact fees do not vest, and their implementation is
subject to a separate appeal to the hearing examiner. See RMC 4-1-190L5.
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C. Drainage. Adequate drainage facilities are proposed. The Applicant has submitted a
2 Preliminary Drainage Plan and Technical Information Report (TIR), dated July 2, 2019
(revised July 11, 2019 and August 28, 2019; Exhibit 11). City public works staff have
3 reviewed the TIR and found the Applicant's preliminary drainage plan it to be compliant
4 with the City's stormwater standards.
5 As outlined in the TIR,based on the City of Renton's flow control map, the site falls within
the Flow Control Duration Standard Area that requires matching off-site flows with pre-
6 development forested conditions. The project proposes a detention vault to address the flow
control requirements. Separate structural plans will be required for review and approval
7 under a separate building permit for the detention and/or water quality vault. The detention
8 system will be required to be located a minimum of 10 feet from any adjacent building.The
location of vault would need to be evaluated and adjusted to meet this requirement. Based
9 on the commercial use of the project,Enhanced Basic Water Quality Treatment is required.
A surface water system development fee will be required for new impervious surface. This
10 fee is assessed based on the final approved civil construction plans and payable prior to
issuance of the construction permit.
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12 D. Parks/Open Space. As conditioned, the proposal provides for adequate and appropriate
parks and open space.
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As outlined in the Conclusions of Law below, site plan regulations require incorporation of
14 open space to serve as a distinctive focal point and to provide adequate area for recreation.
As shown on the site plan (Exhibit 2) and landscape plan (Exhibit 5), the Applicant
15 previously constructed exterior amenity spaces at the ground level on Phase I. As shown on
16 the floor plans, the Applicant is proposing an outdoor garden on Level 07 (Exhibit 9). No
specific ground floor open space was identified in the submittal materials. Therefore, a
17 condition of approval requires that the Applicant clearly incorporate ground floor open
space with the Phase II development. The open space must provide distinctive project focal
18 points with adequate areas for passive and active recreation by the occupants/users of the
site.
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20 City regulations do not require any park land dedication or park impact fees for the project.
21 E. Transportation.The proposal provides for adequate and appropriate transportation facilities.
Access points have been consolidated to the extent practicable off of Davis Ave S. and S
22 45th P1. The proposal's trip generation is not high enough to trigger level of service
23 evaluation under City traffic study standards. The City has met the City's concurrency
standards, will be required to pay its fair share of system-wide traffic mitigation via traffic
24 impact fees and provides for a safe and efficient internal vehicular and pedestrian
circulation.
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Access points are consolidated to the extent feasible to provide for efficient and site access.
26 Ingress and egress to the site would be provided via two (2) existing curb cuts and one (1)
proposed new curb cut on Davis Ave S. The new driveway is proposed to serve as access
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the entry level floor parking, the existing north driveway would serve as access to the lower
2 level floor parking and the existing driveway would continue to serve as access to Phase I
surface parking and drop off area on the west side of the existing Chateau at Valley Center
3 building (Exhibit 14). Access to the back of the existing building is provided via a 20-foot
4 (20') wide driveway from S 45th P1. The proposed tower building drop-off area, located
near the northwest corner of the building, would be a 18'-6" two-lane one-way accessed
5 from the existing south driveway on Davis Ave S in order to eliminate any potential for
queuing of vehicles on Davis Ave Public Works staff determined that based on the project
6 design and site constraints, consolidation of these access points would not be feasible.
7 A Trip Generation and Parking Analysis, prepared by Gibson Traffic Consultants, Inc.,
8 dated May 29, 2019 was submitted with the project application(Exhibit 17). The submitted
report concludes that the proposed development is anticipated to generate 190 net new
9 average weekday daily trips (ADT) with approximately 14 net new trips (9 inbound and 5
outbound). During the weekday PM peak hour, the project would generate approximately
10 19 net new trips (7 inbound and 12 outbound). In accordance with City standards, the
project produces less than 20 PM Peak Hour Trips therefore a full traffic Impact Analysis
11 is not required.
12 Davis Ave S is classified as a Commercial-Mixed Use Industrial Access Street, along the
13 northwest portion of the property. Existing ROW width varies between approximately 50
feet to 58 feet. To meet the City's complete street standards for a Commercial-Mixed Use
14 Industrial Access Street, minimum ROW is 69 feet for a 2-lane roadway. Per City code 4-
6-060, half street improvements shall include a pavement width of 36 feet (18 feet from
15 centerline), a one-half foot (0.5') foot curb, an eight-foot (8') planting strip, a six-foot (6')
16 sidewalk, two-foot (2') clear zone between back of sidewalk and right of way, street trees,
and storm drainage improvements.The developer is required to provide the ROW and street
17 frontage improvements on the half-side of street fronting the subject development site.
ROW dedication would be required in order to encompass the required roadway
18 improvements and clear zone. The Applicant submitted a modification request to maintain
the existing roadway improvements fronting the subject property.
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20 The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
23),which is based upon a test of the citywide Transportation Plan,consideration of growth
21 levels included in the LOS-tested Transportation Plan, and future payment of appropriate
Transportation Impact Fees.
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23 Proportionate share system-wide impacts created by the development would be mitigated
by payment of transportation impact fees subject to the applicable impact fee ordinance in
24 place when the fees become due during building permit review.
25 Public works staff has determined that the proposal provides for safe and efficient internal
circulation with desirable transitions and linkages between uses, streets, walkways and
26 adjacent properties. The Applicant has provided internal pedestrian circulation pathways
in front of the new tower and in front of and behind the existing building. A clear connection
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would be provided from the building addition to the public street. Vehicle aisle ways and
2 parking spaces meet dimensional requirements if all conditions of approval are met. In
addition, the site plan includes painted arrow markings to identify direction of travel on-
3 site. All internal circulation directional signage and pavement markings would be reviewed
4 prior to civil construction permit approval.
5 F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and
bicycle facilities. Transit stops are located north of the site at S 43rd St and Talbot Rd S.
6 Accessible pedestrian access from the building entrance to the public sidewalk would be
provided by the Applicant. Per RMC 4-4-080.F.11.a bicycle parking spaces are required at
7 0.5 spaces are required per one (1) dwelling unit for the assisted living facility (37 spaces).
8 The Applicant has requested a bicycle parking modification to reduce bicycle parking,
which has been approved by this decision.
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G. Parking. The proposal provides for adequate and appropriate parking.
10
Within the building,the Applicant is proposing two levels of 90-degree parking with 66 total
11 parking stalls on the lower levels (lower parking level and entry parking level) (Exhibit 9).
12 In addition, the Applicant is proposing to retain a net of 10 (7 standard stalls and 3 full
accessible stalls) of the 14 existing surface parking spaces (4 of which were accessible) on
13 the project site. Together, the reconfigured 10 surface parking stalls and the 66 proposed
new structured parking stalls would result in 76 total onsite parking stalls for the 73 new
14 units. The proposed parking would provide the required minimum and maximum parking of
one space per residential unit (73) and three (3) additional spaces for facility fleet vehicles.
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16 Combining both phases of development, the Applicant will provide a total of 139 parking
stalls for the 199 total assisted living units. Taken as a whole, the expansion along with the
17 existing building doesn't meet parking standards. The gross square footage of the existing
four-story retirement facility is 122,950 square feet. The Applicant is proposing a 106,620
18 square foot addition to the existing building/structure. Off-street parking requirements are
triggered for the entire facility (existing and new) when the enlargement of the
19 building/structure is more than one-third (1/3) of the area of the building/structure. In order
20 to comply with minimum parking requirements for the entire development, the Applicant
would be required to provide 199 parking stalls. Therefore, a condition of approval requires
21 that the Applicant revise the proposal to provide for the required amount of parking prior to
civil construction permit approval or that the Applicant request a formal modification from
22 the minimum off-street vehicle parking requirements per RMC 4-9-250.D.2 prior to civil
23 construction permit approval.
24 The Applicant's proposed parking minimizes impervious surfaces and takes adequate
measures to control stormwater runoff created by the parking. As previously identified, the
25 majority of the parking is structured parking. As previously noted, the proposal is
anticipated to result in a loss of three (3) existing surface parking stalls on-site. Additional
26 interior landscaping would be provided near the retained surface parking stalls. The project
is proposing a new detention vault for the tower expansion with 30 feet x 39 feet x 6 feet
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active storage volume to address the flow control requirements. The vault is proposed on
2 both parcels under the accessible parking spaces.
3 The proposed vehicle parking for the assisted living facility is located over two separate
4 parcels (Lot A and B). In order to ensure the required parking is linked to Chateau at Valley
Center and Chateau Valley Tower, a condition of approval requires that the Applicant record
5 a reciprocal parking and lot access agreement(s) for the existing and proposed assisted living
facility buildings operated by the Applicant prior to civil construction permit approval.
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5. Adverse Impacts. There are no significant adverse impacts associated with the project.
7 Adequate infrastructure serves the site as determined in Finding of Fact No. 4. The SEPA MDNS was
8 issued for the project on September 23, 2019 with several mitigation measures designed to eliminate
significant adverse impacts. See Ex. 22. Impacts are more specifically addressed as follows:
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A. Structure Placement and Scale. As conditioned, the structure placement and scale are not
10 expected to create undue adverse impact on the adjacent residences and is designed to
protect privacy and reduce noise and to maintain compatibility with existing development
11 and surrounding uses.
12 The tower addition is three (3) levels taller than the existing building: The scale of the
13 proposed structure could be reduced through increased building modulation and articulation
and the exclusive use of high-quality exterior materials that seek to add visual interest to
14 the neighborhood. The existing Phase I Chateau at Valley Center Assisted Living Facility
building includes a higher degree of modulation and articulation to minimize the scale of
15 the structure on the site. The amount of proposed vinyl siding,with lack of material changes
16 or breaks.in the elevations detracts from the quality of the proposed building, which
contributes to the perception of a structure out of scale with the existing development.
17 Therefore, a condition of approval requires that the Applicant provide all durable high-
quality exterior materials to the exterior façade of the building and another condition
18 requires that the Applicant provide additional building modulation and building articulation
19 on Chateau Valley Tower that complements Phase I Chateau at Valley Center.
20 The proposed building addition would be located closer to the east property line and would
connect to the existing facility on levels one through four. Most of the existing on-site
21 surface parking would be retained between the building and the existing frontage
improvements along Davis Ave S. The building's proposed location, existing landscaping
22 in the planter strip on Davis Ave S and additional on-site landscaping would result in
23 privacy and noise reduction for current and future residents of the project.
24 B. Views. No obstruction of existing views of natural features are anticipated, including view
corridors to shorelines or Mt. Rainier, according to the staff report.
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C. Lighting. A lighting plan was not provided with the application; therefore, a condition of
26 approval requires that a lighting plan be submitted with the building permit application.
The condition requires the light plan to demonstrate the avoidance of excessive brightness
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or glare to adjacent properties and streets. The Applicant indicates in the submittal package
2 that pedestrian scale lighting would.be provided at building entrances,accent lighting would
be provided on facades and all lighting would be downlighting.
3
4 D. Screening. The Applicant provided a landscape plan showing proposed surface mounted
equipment and screening around the transformer located in the planter bulb out.Mechanical
5 equipment would be located on the upper level mechanical well and would not be visible
from the street. The loading and service area is proposed along the west building elevation,
6 just south of the drop off area. The loading zone would be shielded from view by mature
vegetation in Davis Ave S ROW and the proposed perimeter landscaping along the project
7 frontage. The project's final detailed landscape plan will be submitted and reviewed by the
8 Current Planning Project Manager prior to civil construction permit issuance.
9 E. Fencing and Retaining Walls. No fences or retaining walls are proposed.
10 F. Refuse and Recycling. The Applicant is proposing to co-locate the required refuse and
recycling area of the existing Chateau at Valley Center Assisted Living Facility with the
11 proposed Chateau Valley Tower. The Applicant contends that the use of a trash
12 compactor/container would reduce the amount of space needed to manage their refuse and
recycling (Exhibit 27).With the proposed addition, the Applicant is proposing to upsize the
13 existing 17-cubic yard trash compactor/container with a new RJ-88SC 20-cubic yard trash
compactor/container. An 8-cubic yard recycle container and a 1.5-cubic yard compost
14 container is proposed within the 158 square foot garbage enclosure expansion area. If
approved, the refuse deposit area would be expanded south from its current location, which
15 is a relatively centralized location at the rear of the Chateau at Valley Center Phase I
16 building. The location would also serve to provide ease of access to hauling trucks, if all
conditions of approval are complied with. The Applicant has applied for a modification to
17 refuse/recycling standards to implement this plan and this Decision approves the requested
modification pursuant to staff's recommendation of approval.
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G. Natural Features.The proposal will not adversely affect any natural features. Despite being
19 an undeveloped parcel, the site has been used for overflow parking for Chateau at Valley
20 Center Assisted Living Facility. The Applicant proposes approximately 5,958 cubic yards
of cut material and approximately 950 cubic yards of imported fill material. The removal
21 of material would be a result of the lower parking floor below the proposed addition(Exhibit
12). Mature vegetation would be retained and protected on the existing facility and street
22 trees would be retained to the greatest extent possible along Davis Ave S.
23 H. Landscaping. Aesthetic impacts will be minimized by conformance to landscaping
24 standards. Staff have determined that the Applicant's preliminary landscaping plan
generally conforms to landscaping requirements. A more detailed landscape review will be
25 done during review of the Applicant's civil construction permit application.
26 The Applicant submitted a conceptual landscape plan with the land use application (Exhibit
5). Proposed new plantings include a mix of evergreen and deciduous trees, shrubs,
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groundcover, and lawn areas. The Applicant will be required to submit a detailed landscape
2 plan with the civil construction permit submittal that provides location, size, quantity,
planting details, and other applicable items as set forth in the RMC 4-8-120 submittal
3 requirements.
4 The Applicant has proposed a surface parking area abutting Davis Ave S and therefore is
5 subject to the perimeter landscaping requirements. The landscape plan identifies a 20-foot
wide landscape screen with trees and groundcover along the Davis Ave S frontage. The site
6 will contain less than 15 surface parking spaces on the subject parcel so no additional
interior landscaping would be required. However, the conceptual landscape plan provides
7 interior landscaping within a bulb out near the building's access.
8 The Applicant has shown landscape screening around the building on portions not covered
9 by asphalt or concrete. In addition,a five-foot(5') wide landscape area is proposed between
the building's east elevation and the east property line.
10
The Applicant will be required to construct frontage improvements with the proposed
11 development along Davis Ave S. The Applicant submitted a street modification request as
12 to maintain the existing roadway improvements fronting the subject property. Community
and Economic Development staff, in conjunction with Pubic Works Transportation staff,
13 reviewed the street modification request and have recommended approval. This Decision
approves the requested street frontage modification.
14
Staff have determined that the proposed landscaping width along public street frontage
15 provides appropriate transitions, reduces noise and glare, maintains privacy, and enhances
16 the overall project.
17 I. Critical Areas. No impacts to critical areas are anticipated. Staff have found that the only
critical areas affected by the proposal are steep slopes and that as conditioned the proposal
18 complies with the City's steep slope regulations. The City's COR mapping system indicates
regulated slopes (>15% & <=40%) on the most eastern portion of the property. According
19 to the Applicant's Geotechnical Engineering Study, prepared by Earth Consultants, Inc.,
20 dated January 16, 2002 (Exhibit 15) and the Applicant's Geotechnical Supplement,
prepared by Earth Solutions NW, LLC, dated June 20, 2019 (Exhibit 16), construction of
21 an expansion to the north of the existing assisted living facility is feasible from a
geotechnical standpoint. The site's topography generally slopes downward to the north and
22 west (Exhibit 4). The overall vertical relief across the site from the southeast to the
23 northwest is approximately 10 feet. The geotechnical report does not recommend any
buffers or setbacks for the regulated slopes along east property line (the steeper area of the
24 site),provided the Applicant follows the recommendations of the report.The Environmental
Review Committee (ERC) issued two (2) mitigation measures based on an analysis of
25 probable impacts of the proposed use(Exhibits 1 and 22).
•
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2 Conclusions of Law
3 1. Authority. RMC 4-9-200(B)(2)(a)requires site plan review for all development in the CO zone.
4 RMC 4-9-200(D)(2)(b)(iv) defines this project as a Large Project Scale subject to review and approval
by the hearing examiner because it is over four stories in height. The site plan is classified as a Type
5 III permit by RMC 4-8-080(G). RMC 4-8-080(G) classifies modifications, deviations and alternatives
of various code standards as Type I permits, which are administratively approved by staff. RMC 4-8-
6 080(C)(2) requires consolidated permits to each be processed under "the highest-number procedure."
The site plan has the highest numbered review procedures, so all permits must be processed as Type 7
III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to
8 hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council.
9 2. Zoning/Comprehensive Plan Designations. The site is zoned Commercial Office (CO). The
Comprehensive Plan Land Use Designation is Commercial Mixed Use (CMU).
10
11 3. Review Criteria/Approval of Modifications. Site plan review standards are governed by RMC
4-9-200(E)(3). The street modification is subject to the review criteria of RMC 4-9-25005 and the
12 refuse/recycling and bicycle parking modifications to RMC 4-9-250D2. Findings 24-26 of the staff
report are adopted by this decision as the findings and conclusions for approval of all three
13 modifications. All applicable site plan criteria are quoted below in italics and applied through
corresponding conclusions of law.
14 Site Plan
15
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
16 compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
17 including:
18 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
19 any applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
20 iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
21 100.
22 4. The criterion is met. The proposal is consistent with the Comprehensive Plan for the reasons
23 stated in Finding 17 of the staff report. The proposal does not qualify as a Planned Action Ordinance.
The proposal is consistent with applicable land use regulations for the reasons identified in Finding 18
24 of the staff report. The proposal is not subject to any design regulations.
25 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
26 uses, including:
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i. Structures: Restricting overscale structures and overconcentration of development on a
2 particular portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
3 and adjacent properties;
4 iii. Loading and Storage Areas:Locating, designing and screening storage areas, utilities,
rooftop equipment, loading areas, and refuse and recyclables to minimize views from
5 surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
6 to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
7 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
8 the appearance of the project; and
vi. Lighting:Designing and/or placing exterior lighting and glazing in order to avoid excessive
9 brightness or glare to adjacent properties and streets.
10 5. The criterion is met. As described in FOF No. 5A, the proposed building is conditioned to
provide for higher quality materials and increased articulation to provide for compatible scale of
11 development. Desirable transitions and linkages for vehicular and pedestrian circulation are provided
12 as determined in FOF No.4E. Loading areas and equipment and refuse/recycling areas will be screened
from view as determined in FOF No. 5D. No views will be obstructed by the development as
13 determined in FOF No. 5B. The proposed landscaping will reduce noise and glare, maintain privacy
and enhance the appearance of the project as determined in FOF 5H. No lighting plan was provided.
14 As noted in FOF No. 5C, a condition of approval will require the Applicant to submit a lighting plan,
which will staff will ensure complies with the criterion quoted above.
15
16 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,
17 spacing and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
18 characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian
19 and vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
20 and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces;
21 iv. Reducing Parking Impervious Areas: Design parking areas to minimize impervious
surfaces, including but not limited to: (1)breaking up parking areas and directing stormwater
22 flows to multiple low impact development features such as bioretention areas; (2) locating
23 parking near trees to provide storm water uptake; (3) retaining or adding vegetation to parking
areas; (4) placing existing parking that exceeds maximum parking ratios in permeable
24 pavement designed consistent with the Surface Water Design Manual in RMC 4-6-030; and(5)
using other low impact development techniques consistent with RMC 4-6-030; and
25 v. 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
26 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.
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2 6. The criterion is met. As determined in FOF 5A, the building's proposed location, existing
landscaping in the planter strip on Davis Ave S and additional on-site landscaping would result in
3 privacy and noise reduction for current and future residents of the project. As conditioned in FOF 5A,
4 the proposed design will provide a scale that is compatible with existing development and surrounding
uses. The natural landscape will be adequately protected as determined in FOF 5G. Parking
5 impervious surface is adequately minimized and mitigated as determined in FOF 4G. The proposed
landscaping will maintain privacy and enhance the appearance of the project as determined in FOF 5H.
6
RMC 4-9-200(E)(3)(d):Access and Circulation: Safe and efficient access and circulation for all
7 users, including:
8 i. Location and Consolidation: Providing access points on side streets or frontage streets
9 rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
10 ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
including the location, design and dimensions of vehicular and pedestrian access points,
11 drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
12 iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
13 iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
14 buildings,public sidewalks and adjacent properties.
157. The criterion is met. The proposal provides for adequate access and circulation as required by
16 the criterion above for the reasons identified in Finding of Fact No. 4E.
17 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
18 site.
19 8. The criterion is met. As conditioned, the proposal will provide open space that serves as a
20 distinctive focal point as outlined in FOF 4D.
21 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.
22
23 9. The criterion is met. There are no view corridors to shorelines or Mt. Rainier affected by the
proposal. As noted in FOF No. 5B, no views are affected. There are no shorelines in proximity to the
24 project for which access could be required.
25 RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
26
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10. The criterion is met. No natural systems or critical areas would be adversely affected for the
2 reasons identified in FOF No. 5G and I.
3 RMC 4-9-200(E)(3)(h): Services and Infrastructure:Making available public services and facilities
4 to accommodate the proposed use.
5 11. The criterion is met. The project is served by adequate services and facilities as determined in
Finding of Fact No. 4.
6
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and
7 estimated time frames,for phased projects.
8 12. The criterion is met. As outlined in page 20 of the staff report, this Decision addresses the
9 last phase of development of a two-phase project. The first phase included plans for this phase.
10 Decision
11 As conditioned below, the site plan and associated three development standard modifications as
12 described in FOF 3 are approved, subject to the following conditions:
13 1. The Applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated September 23, 2019.
14 2. The Applicant shall submit a revised landscape plan and architectural detail sheet that
15 provides refuse and recycling enclosure materials which are consistent with the architectural
design of the building and contain a minimum six-foot(6')high screen.The revised landscape
16 plan and architectural detail sheet shall be reviewed and approved by the Current Planning
Project Manager prior to civil construction permit approval.
17 3. The Applicant shall provide details of off-street vehicle parking for review and approval by
the Current Planning Project Manager prior to civil construction permit approval or request a
18 formal modification from the minimum off-street vehicle parking requirements per RMC 4-
19 9-250.D.2 prior to civil construction permit approval.
4. The Applicant shall record a reciprocal parking and lot access agreement(s) for the existing
20 and proposed assisted living facility buildings operated by the Applicant prior to civil
construction permit approval. The agreement(s) shall be subject to approval by the Current
21 Planning Project Manager.
5. The Applicant shall submit a revised site plan that provides a minimum driveway width of 24
22 feet exclusive of the radii of the returns or the taper section, the measurement being made
23 parallel to the centerline of the street roadway or the Applicant shall submit and obtain
approval for a modification of the minimum space standard. The revised site plan shall be
24 reviewed and approved by the Current Planning Project Manager prior to civil construction
permit approval.
25 6. The Applicant shall provide weather protection over the top of the outdoor bike rack to be
reviewed and approved by the Current Planning Project Manager prior to building permit
26 issuance.
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7. The Applicant provide additional building modulation and building articulation on Chateau
2 Valley Tower that complements Phase I Chateau at Valley Center. The revised building
elevations shall be reviewed and approved by the Current Planning Project Manager prior to
3 building permit approval.
4 8. The Applicant shall submit a lighting plan with the building permit application. The lighting
plan shall be reviewed and approved by the Current Planning Project Manager prior to
5 building permit approval. The lighting plan shall ensure that excessive brightness or glare to
adjacent properties and streets is avoided.
6 9. The Applicant shall provide all durable high-quality exterior materials to the exterior façade
of the building. Revised architectural elevations shall be submitted to, and approved by, the
7 Current Planning Project Manager prior to building permit approval.
8 10. The Applicant shall provide landscape screening around the delivery area. The planting
schedule shall be planted at a size and rate to provide an immediate visual buffer at the time
9 of planting. The detailed landscape plan shall be reviewed and approved by the Current
Planning Project Manager prior to civil construction permit issuance.
10 11. The Applicant shall clearly incorporate ground floor open space with the Phase II
development.The open space must provide distinctive project focal points with adequate areas
11 for passive and active recreation by the occupants/users of the site. The detailed open space
12 plans shall be reviewed and approved by the Current Planning Project Manager prior to civil
construction permit issuance.
13 12. The Applicant shall maintain the proposed dimensions of interior bike storage area
(approximately 14 ' feet wide by 17 feet deep) and install two (2) wave style bike racks (1 -
14 BRC-1050 and 1 -BRC-1051 or equivalent) within the secured bike storage area.The revised
floor plan shall be reviewed and approved by the Current Planning Project Manager prior to
15 civil construction permit approval.
16
17 DATED this 5th day of November 2019.
18
19
20 City of Renton Hearing Examiner Pro Tern
21
22 Appeal Right and Valuation Notices
23 RMC 4-8-080(G)classifies the application(s) subject to this decision as Type III application(s) subject
to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner's decision
24 must be filed within fourteen (14) calendar days from the date of the decision. A request for
25 reconsideration to the hearing examiner may also be filed within this 14-day appeal period.
26 Affected property owners may request a change in valuation for property tax purposes notwithstanding
any program of revaluation.
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