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HomeMy WebLinkAboutD_Valley_Center_070917September 17, 2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/CONTACT: OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Dale and Helene Behar The Behar Company 1000 Second Avenue, Ste. 3330 Seattle, WA 98104 Davis Street Associates, LLC 1000 Second Avenue, Ste. 3330 Seattle, WA 98104 Valley Center Building File No.: LUA 07-060, SA-H, ECF 305 South 43'' Street Applicant requested Site Plan approval for the construction of 12-story building on a 58,551 square foot property. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on August 14, 2007 After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 28, 2007 hearing. The legal record is recorded 011 CD. The hearing opened on Tuesday, August 28, 2007, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Vicinity Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Aerial Photograph of Site Exhibit No. 4: Zoning Map Exhibit No. 5: West Building Elevation Exhibit No. 6: North Building Elevation Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page 2 Exhibit No. 7: East Buildin2: Elevation Exhibit No. 8: South Building Elevation Exhibit No. 9: Site Plan Exhibit No. 10: Aerial PhotoITTaph of Streets Exhibit No. 11: Topouraphv Man Exhibit No. 12: Site, Grading, and Stormwater Plan Exhibit No. 13: Slopes Man Exhibit No. 14: Tree Cutting/Land Clearing Plan Exhibit No. 15: Landscane Schematic Design The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located in the Commercial Office zone within the Commercial Corridor of the Comprehensive Plan Designation. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated and included 5 mitigation measures. No appeals were filed. Traffic and Fire Mitigation fees were assessed for this project. The update on the Geotech letter will be required prior to issuance of the building permit. The building would be located just south of 43'd Street in an area of commercial and institutional development related to medical facilities and care. The site is approximately 1.34 acres. The grading of the site has created some slopes along the east and south side, the proposed building would be built up into those slopes. The building is proposed to be 12 stories including five and a half stories of parking. The building would be 167 feet tall from the ground elevation to the top of the mechanical equipment on the top of the roof. The building would be contemporary in architecture with the use of glass and metal. The mechanical equipment on the roof would be screened. The parking required for this building would be 778 stalls and they are providing 792 stalls, which is an appropriate amount of parking for the building. The parking is arranged for maximum safety, the primary entrance for patients would be off Davis Avenue. An additional entry to the parking on S 43"' that would be right in, right out only for staff parking. The project does meet the requirements of the Comprehensive Plan, its uses and policies. The Commercial Corridor land use element has several objectives that encourage this type of development in the corridor. This project also meets all the policies of the commercial office zone included in the Comprehensive Land Use Plan. There would be retail space on the ground floor. The project would be fully landscaped and they will try to maintain and preserve the existing street trees along Davis Avenue S. The project further meets all the requirements of the site plan review. The project will have an impact on the surrounding properties due to its height. It would be built into the slopes and will not appear to be as high as it really is, but will affect light and shade on the adjacent property. Property values would be enhanced and would provide office space for additional medical facilities. The building is in the flight line of the Renton Municipal Airport, but it is a considerable distance away. The impact would be more on users of the building than on aircraft going in and out of Renton Airport. An A vigation Easement would be included with the lease agreements so that people are aware that there may be some noise from aircraft. The Renton airspace is in somewhat of a conflict with the SeaTac airspace, so they ' Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page 3 must fly primarily over south, east and north Renton and not farther to the west, which conflicts with the Boeing Airport. The height of the building is not anticipated to be an issue. In terms of the helipad at Valley Medical Center, both Renton Airport management and FAA stated that the only requirement would be that the helipad have a clear approach and departure route. That would not be affected by this building. Public services are available to the site and some improvements may be required due to the difference in size of the building. There are no major utility changes that would need to be made. Dale Behar, Davis Street Associates, LLC, 1000 Second Avenue, Suite 3330, Seattle, WA 98104 stated that in terms of the parking garage, the floors are very large and there is no spiral to move from floor to floor, the ramps are short and shallow moving from one floor to the next. They would like to encourage employees not to use the parking so they have provided shared bicycles, showers, a flexible car sharing arrangement so that people who need to move in and out during the day, but not need to drive their car to work, can be accommodated. They will also have valet parking available for people coming in to the building. He did not know what type of glass would be in the windows, but stated that this was not their intention to impede traffic or make it difficult for people to drive. They will make sure that that issue is addressed as the building is designed. Kayren Kittrick, Development Services stated that a very good overview of the area was done and there are major roads on at least two sides of this building, which is why WSDOT was very concerned. They will also be concerned about the reflective glass and will have comments to make. All intersections are controlled by signals in this vicinity. Any improvements would be by computer or regional. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:38 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicants, Dale and Helene Behar, filed a request for a Site Plan approval for a commercial building. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 305 South 43rd Street. The property is located on the south side of South 43rd Street immediately east of Davis Avenue South. Valley Medical Center is located directly north of Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page4 the subject site across 43rd. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Commercial Corridor uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CO (Commercial Office). 8. The subject site was annexed to the City with the adoption of Ordinance 2169 enacted in March 1968. 9. The subject site is approximately 58,551 square feet or 1.34 acres. The subject site is generally rectangular although the western property line has a spike to the west near its center. 10. The subject site slopes downward to the west with slopes up to about 15 percent. Staff noted that there are regulated slopes along the south and east sides of the site and the ERC required updated geotechnical information. The applicant will grade the site, which will continue to have an elevation change of approximately 6 to 8 feet along S 43rd. Underground parking will require removal of approximately43,000 cubic yards of soils. 11. The subject site previously used by United Way of King County, which consisted of a 6,500 square foot, single-story building. 12. The applicant proposes developing a 12-story building with approximately 443,335 square feet of office space. The proposal would be to create space for medical offices and medical support activities. 13. The 12-story building would contain five and a half (5.5) stories of enclosed parking. The building would be 167 feet 2 inches in height to the top of the screened rooftop equipment. The subject site is at an elevation of approximately 107 feet above mean sea level. Apparently, while comprehensive plan policies might limit a building to 10 stories, Code permits buildings up to 250 feet tall in this zone. 14. The building's exterior treatment will vary depending on the function of the floor. The parking garage levels, Levels 3 to 5, would be painted wire screen. The upper level office floors, Levels 6 to 12, would have alternating glass windows and metal panel siding. The lowest levels, Levels I and 2 would be the main lobby, retail storefronts and additional parking. These two levels would be finished with windows, composite wood treatment and accent lighting. 15. Building lot coverage would be approximately 86 percent. The applicant proposes a "green roof" that would comprise 22 percent. Staff calculated that a green roof provides approximately 50 percent compensation for impervious surface, thereby resulting in approximately 75 percent impervious surface. 16. The project will observe a variable setback from Davis that narrows to approximately 16'2" whereas a 30-foot setback would normally be required. The main lobby and entrance are located along Davis and provide access to interior parking and to the lobby for drop-offs. A reduced setback is permitted through the Site Review process and staff recommended the reduction. It would observe a 30-foot setback from S. 43rd Street, which does meet code. 17. It appears that a modification for parking was not required. The applicant will be providing 792 stalls for the 12-story building. 18. Access to the main entrance of the building and patient parking would be via a driveway along Davis Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page 5 Avenue S. Loading dock and employee parking access would be via S 43rd Street. 19. There would be approximately 367 employees in building. 20. Stormwater is now handled by existing systems, which convey water downstream, toward the hospital and then into the Panther Creek drainage basin. 21. The new building would be across from the hospital's new helipad. The building was reviewed by the FAA and found that it would not intrude into the Renton Airport airspace. Staff reported that an avigation easement would be required as the building's tenants might be affected by airplane or helicopter noise. 22. At full occupancy the proposal is anticipated to generate approximately 3,320 new daily trips with approximately 255 A.M. peak hour trips and 280 P.M. peak hour trips. 23. The Washington State Department of Transportation was concerned about the traffic generated by this project as it sits just east of SR-167. Staff noted that all intersections are signalized and that turn pockets and channelization will be used to control turns. Staff also noted that access to and from the site along S 43rd would be limited to right-in and right-out turning. 24. The impact ofreflections off the tower on nearby streets and SR 167 were not specifically addressed. The applicant indicated that they would review potential impacts. CONCLUSIONS: 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The proposed tower will obviously be somewhat out of character with the area, being 12-stories high although it appears to be in keeping with trends in the area as well as both the comprehensive plan and zoning code. The hospital across the street is also raising the traditional height of structures in this area. The comprehensive plan suggests urban development patterns including particularly dense, centered Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page6 development rather than linear sprawl. The tower complex incorporates both office and commercial uses as well as their complementary parking into one compact footprint rather than spread out parking and low-rise buildings over multiple acres. The proposed medically allied services that will be provided also complement the hospital and other medical services available in this area. The use, anticipated to house nearly 400 employees, will obviously create additional employment opportunities. 3. Staff noted that the Zoning Code, the primary governing law in land use review, permits buildings up to 250 feet tall so the proposed use is compatible with code. The comprehensive plan policies need revision since they might be read to restrict the height limits in this area. In other particulars the proposal is compatible with other elements of the Zoning Code including setbacks and permitted uses. A modification was granted to deviate from parking standards. The reduced setback along Davis appears appropriate due to the curving nature of the street and that it is matched by the building's facade. 4. The 167 foot tall building will inevitably create some shadow and shading impacts on surrounding uses but these were anticipated when the Zoning Code, which allows 250-foot tall buildings was adopted. It appears that the additional traffic will also be felt in the community but staff noted that current streets can handle the additional traffic and that appropriate turning lanes and restrictions will offset some of these impacts. 5. The site will be denser and more intensely developed than it has been in the past. The "green roor• treatment will offset some of the impacts of creating more impermeable surfaces. 6. The development of the medical center will increase the tax base of the City and while it might impact nearby development initially, as the community grows, the building will blend more with the neighborhood including the taller building proposed by the hospital. 7. The traffic will be routed differently for patrons and for delivery and employee vehicles making for safer access to the site. 8. As noted, this building will create shading but it observes the appropriate setbacks from its property lines as do other uses in the area observe their appropriate setbacks. 9. There are adequate public services in the area to serve the proposed use. 10. In conclusion, the proposed use will make a definitive impression in the area and probably in the City as one of the tallest, if not the tallest building in Renton. It appears to have addressed most issues presented by the Code and comprehensive plan. DECISION: The Site Plan is approved subject to the following conditions: 1. Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures which were required by the Environmental Review Committee Threshold Detennination prior to the issuance of a building permit. 2. The applicant shall consult with the Washington State Department of Transportation and the City to assure that reflective glare from window and wall panels shall not create hazards on nearby roads and highways. Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September I 7, 2007 Page 7 3. A "color board" shall be submitted, prior to issuance of a building permit, to the attention of the Development Services Department plan reviewer. This submittal shall include materials, finishes, and colors for all exterior building elements. 4. A detailed landscape plan shall be submitted, prior to issuance of a building permit, indicating the final landscaping of the project site. ORDERED THIS 17'h of September 2007. HEARING EXAMINER TRANSMITTED THIS 17"' of September 2007 to the parties of record: Elizabeth Higgins 1055 S Grady Way Renton, WA 98055 Kayren Kittrick Development Services City of Renton Dale & Helene Behar Davis Street Associates, LLC 1000 Second Avenue, Suite 3330 Seattle, WA 98 l 04 Dave E. Smith General Counsel Valley Medical Center 400 S 43'ct Street Renton, WA 98058 TRANSMITTED THIS 17"' day of September 2007 to the following: Mayor Kathy Keolker Mark Peterson, Fire Kayren Kittrick Development Services City of Renton Paul N Joos, MD Valley Eye & Laser Center, Inc., P.S. 4011 Talbot Road S., Ste. 210 Renton, WA 98055 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section !OOGofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., October 1, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors oflaw or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. Valley Center Building Site Approval File No.: LUA-07-060, SA-H, ECF September 17, 2007 Page 8 An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m .• October 1. 2007. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 305 South 43rd Street