HomeMy WebLinkAboutD_MID_Sign_200722DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_MID Sign
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: July 22, 2020
Project File Number: PR20-000138
Project Name: Shell MID Sign Variance
Land Use File Number: LUA20-000096, V-A
Project Manager: Jill Ding, Senior Planner
Owner: J & S Evergreen Investment, LLC, 401 Park Ave N, Renton, WA 98057
Applicant/Contact: Royce Sieving, Signs Plus, Inc., 766 Marine Drive, Bellingham, WA 98225
Project Location: 401 Park Ave N
Project Summary: The applicant is requesting approval of an Administrative Variance from the
provisions of the Renton Municipal Code (RMC) regulating electronic message boards
in order to install a new electronic price sign at a Shell gas station. The subject
property is located at 401 Park Ave N (APN 7224000695) and is zoned Commercial
Arterial (CA) and is within Urban Design District D. The purpose of the variance is to
allow the applicant to replace an existing, 25-foot nonconforming manual price
message board pole sign with a new electronic price message board monument sign.
The proposed electronic price message board sign will have a maximum height of five
(5) feet, a maximum face size of 33.96 square feet, and will be double sided. Per RMC
4-4-100C.3.a., animated (message board) signs are prohibited within seventy five
(75) feet of the public right-of-way (ROW). The code further states in RMC 4-4-
100G.5.c. that illuminated cabinet signs are prohibited in the Urban Design District
D. The applicant is requesting a variance to allow the proposed sign to be animated
(message board). The new sign will remain in the same location as the existing sign,
which is located approximately 7.5 feet away from the Park Ave N public ROW and
approximately 6.83 feet from the N 4th Street public ROW. The new sign will be
located within a new twelve (12) foot long by eight (8) foot wide landscaped planter.
No trees are proposed to be removed.
Site Area: 0.46 acres
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 2 of 7
Shell MID Sign Variance
B. EXHIBITS:
Exhibit 1: Administrative Decision
Exhibit 2: Sign Plans
Exhibit 3: Public Comment and City Response
Exhibit 4: Variance Justification
C. GENERAL INFORMATION:
1. Owner(s) of Record: J & S Evergreen Investments, LLC
401 Park Ave N
Renton, WA 98057
2. Zoning Classification: Commercial Arterial (CA)
3. Comprehensive Plan Land Use Designation: Commercial Mixed Use (CMU)
4. Existing Site Use: Shell Gas Station
5. Critical Areas: Seismic hazard area, and wellhead protection area,
zone 2
6. Neighborhood Characteristics:
a. North: Single family residential, CA zone
b. East: Renton School District Facilities and Operations, CA zone
c. South: Restaurant and bar, CA zone
d. West: Single family residential, R-10 zone
7. Site Area: 0.46 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
Annexation N/A 156 05/23/1909
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 4-2-060: Zoning Use Table – Uses Allowed in Zoning Designations
c. Section 4-2-120: Commercial Development Standards
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 3 of 7
Shell MID Sign Variance
2. Chapter 3 Environmental Regulations and Overlay Districts
a. Section 4-3-100: Urban Design Regulations
3. Chapter 4 City-Wide Property Development Standards
a. Section 4-4-100: Sign Regulations
4. Chapter 9 Permits – Specific
a. Section 4-9-250: Variances, Waivers Modifications, Alternates
5. Chapter 11 Definitions
F. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on April 22,
2020 and determined the application complete on May 8, 2020. The project complies with the 120-day
review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the administrative
variance request (Exhibits 2 - 4).
3. The project site is located at 401 Park Ave N.
4. The project site is currently developed with an existing Shell gas station.
5. Access to the site would be provided via existing curb cuts off of NE 4th St and Park Ave N.
6. The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use
designation. The project complies with the goals and policies of this Comprehensive Plan land use
designation.
Compliance Comprehensive Plan Analysis
Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
7. The site is located within the Commercial Arterial (CA) zoning classification.
8. There are no trees proposed to be removed.
9. The site is mapped with a seismic hazard area and wellhead protection area, zone 2.
10. The applicant is proposing to begin and complete construction in fall of 2020.
11. The following variances to (regulation[s]) have been requested by the applicant:
RMC Code Citation Required Standard Requested Variance
RMC 4-4-100C.3.a.
Sign Regulations
Animated (message board) signs
are prohibited within seventy five
(75) feet of the public right-of-
way (ROW)
The purpose of the variance is to allow the
applicant to replace an existing, 25-foot
nonconforming manual price message board pole
sign with a new electronic price message board
monument sign. The proposed electronic price
message board sign will have a maximum height
of five (5) feet, a maximum face size of 33.96
RMC 4-4-100G.5.c.
Sign Regulations
Illuminated cabinet signs are
prohibited within Urban Design
District D
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 4 of 7
Shell MID Sign Variance
square feet, and will be double sided. The new
sign will remain in the same location as the
existing sign, which is located approximately 7.5
feet away from the Park Ave N public ROW and
approximately 6.83 feet from the N 4th Street
public ROW. The new sign will be located within a
new twelve (12) foot long by eight (8) foot wide
landscaped planter.
12. The entire sign appears to be a backlit cabinet sign. This variance application is only for the
consideration of the requested electronic fuel signage. All other portions of the sign are required to
comply with applicable sign regulations, including RMC 4-4-100G.
13. The submitted landscape plan does not appear to comly with the adopted requirements for landscape
plans, any landscape plans submitted with the building permit application are required to comply with
RMC 4-8-120D.12 Landscape Plan, Detailed.
14. Staff received one public comment email and provided a response(Exhibit 3).
15. No other public or agency comments were received.
16. 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.
17. Variance Analysis: The purpose of the variance is to allow the applicant to replace an existing, 25-foot
nonconforming manual price message board pole sign with a new electronic price message board
monument sign. The proposed electronic price message board sign will have a maximum height of five (5)
feet, a maximum face size of 33.96 square feet, and will be double sided. Per RMC 4-4-100C.3.a., animated
(message board) signs are prohibited within seventy five (75) feet of the public right-of-way (ROW). The
code further states in RMC 4-4-100G.5.c. that illuminated cabinet signs are prohibited in the Urban Design
District D. The applicant is requesting a variance to allow the proposed sign to be animated (message
board). The new sign will remain in the same location as the existing sign, which is located approximately
7.5 feet away from the Park Ave N public ROW and approximately 6.83 feet from the N 4th Street public
ROW. The new sign will be located within a new twelve (12) foot long by eight (8) foot wide landscaped
planter. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.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 practical difficulties existing due to requirements
that specify that gas stations display fuel prices for potential customers and that electronic
displays provide a safe alternative to using poles, heavy placards and ladders that would be
required for manual fuel displays. The proposed electronic signs would provide a reliable solution
to the challenges associated with frequent gas price changes, replacing the time consuming and
potentially unsafe manual placards.
The current Gas Price sign is a 25 ft high x 7 ft wide pole sign with no landscaping and includes
manual fuel price placards. The applicant contends that the existing sign is large, obtrusive and
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 5 of 7
Shell MID Sign Variance
outdated, and that changing manual gas price digits on this existing sign is potentially dangerous
and time consuming.
The proposed electronic sign would be a ground related monument sign and would be located
in the same location as the current sign (closer than 75 feet to the public right-of-way) and would
be smaller (only 5” tall X 8’ 2” wide) than the existing pole sign. Landscaping is proposed around
the proposed sign and would include drought resistant plantings. The lower height of the
proposed sign would encourage vandalism, if the fuel pricing remained manual placards;
therefore the proposed electronic signage is preferred.
Staff concurs that practical difficulties exist and that the proposed electronic sign allows the
applicant to provide reliable gas price displays in a manner that is functional and attractive. In
addition, staff would like to note that new pole signs are not permitted in urban design districts
and that the proposed ground related monument sign brings the project site into conformance
with this particular section of the sign code.
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 proposed electronic fuel price sign would not
be materially detrimental to the public welfare or injurious to property in the vicinity as the
proposed sign would replace a much larger pole sign with a smaller ground related monument
sign that would allow the applicant to safely and efficiently display fuel prices without the threat
of vandalism, which can occur with manual placards.
Staff concurs that the proposed sign would not be materially detrimenta l to the public welfare
or injurious to surrounding properties. The proposed ground related monument sign would
replace an existing larger non-conforming pole sign with a smaller sign and landscape plantings
that would be more aesthetically pleasing than t he existing sign.
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 the approval of the requested variance would not
constitute a grant of special privilege, as the proposed sign would result in the replacement of
an existing non-conforming pole sign with a ground related monument sign. The proposed
electronic fuel pricing would also allow the applicant to safely and efficiently display fuel prices
without the safety or vandalism concerns that occur with manual fuel price placards.
Staff concurs that the proposed sign would not result in a grant of special privilege. The proposed
sign allows the applicant to safely and efficiently display fuel prices are required for gas stations
as well as replaces an existing non-conforming pole sign with a ground related monument sign
and landscape plantings.
d. That the approval is a minimum variance that will accomplish the desired purpose.
Staff Comment: As previously discussed above, the applicant contends that the requested
variance is the minimum necessary to allow for the construction of the proposed sign. The
proposed electronic fuel sign would be located closer than 75 feet to the public right -of-way,
however the proposed sign is necessary for the display of fuel pricing and should be located close
to the public right-of-way for public display. As previously discussed above, the proposed sign
would be located at the same location as an existing non -confirming pole sign. The proposed
ground related monument sign is smaller than the existing pole sign and includes landscaping,
which would mitigate the impacts of an electronic fuel sign at 6.83’ and 7.5’ from the public
right-of-way.
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 6 of 7
Shell MID Sign Variance
The proposed electronic fuel sign would be backlit. Backlit cabinet signs are not permitted within
urban design district D, as discussed above the proposed electronic fuel sign is prefera ble to
manual placards as it would allow the applicant to efficiently change fuel prices as well as reduce
the potential for vandalism.
Staff concurs that the requested variances for the proposed ground related, electronic, fuel sign
are the minimum necessary to accomplish the desired purpose of advertising fuel prices in an
efficient manner.
G. 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 6.
2. The requested variance meets the four (4) criteria to be considered in making a decision on a variance
request as specified in RMC 4-9-250.B.5. The analysis of the proposal according to variance criteria is
found in the body of the Staff Report, see FOF 15.
H. DECISION:
The Shell MID Sign Variance, File No. LUA20-000096, V-A, as depicted in Exhibit 2, is approved.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
For Jennifer Henning, Planning Director Date
TRANSMITTED on July 22, 2020 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
J & S Evergreen Investment, LLC
401 Park Ave N
Renton, WA 98057
Royce Sieving, Signs Plus, Inc.
766 Marine Drive
Bellingham, WA 98225
TRANSMITTED on July 22, 2020 to the Parties of Record:
Nancy Terry
naterry1@msn.com
TRANSMITTED on July 22, 2020 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Vanessa Dolbee, Current Planning Manager
Anjela Barton, Fire Marshal
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8
7/22/2020 | 1:14 PM PDT
City of Renton Department of Community & Economic Development
Shell MID Sign Variance
Administrative Report & Decision
LUA20-000096, V-A
Report of July 22, 2020 Page 7 of 7
Shell MID Sign Variance
I. 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 August 5, 2020. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). 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. Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is
working remotely. For that reason, appeals must be submitted electronically to the City Clerk at
cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a
future date. 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. If the
situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of
filing the appeal in person.
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: ED49910B-AD55-435F-BCE0-86EDE7921CC8
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
Shell MID Sign Variance
Land Use File Number:
LUA20-000096, V-A
Date of Report
July 22, 2020
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
Royce Sieving
Signs Plus, Inc.
766 Marine Drive,
Bellingham, WA 98225
Project Location
401 Park Ave N
The following exhibits are included with the Administrative report:
Exhibit 1: Administrative Decision
Exhibit 2: Sign Plans
Exhibit 3: Public Comment and City Response
Exhibit 4: Variance Justification
DocuSign Envelope ID: ED49910B-AD55-435F-BCE0-86EDE7921CC8