HomeMy WebLinkAboutD_HEX Decision_Sunset Gardens_Final1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Sunset Gardens
Hearing Examiner Site Plan, Variance and
Development Standard Modifications
LUA21-000168, SA-H, VAR, MOD
RECOMMENDED FINDINGS OF FACT,
CONCLUSIONS OF LAW AND FINAL
DECISION
Summary
The Renton Housing Authority has requested approval of hearing examiner site plan review, a
parking variance and several development standard modifications for a four-story mixed-use
building composed of 76 affordable housing units with approximately 13,645 square feet of
ground floor space for the Renton Housing Authority located at 2900 NE 10th St. The
applications are approved subject to conditions.
Testimony
A computer-generated transcript has been prepared of the hearing to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A.
Exhibits
Exhibits 1-22 identified at page 2 of the August 17, 2021 Staff Report were entered during the August
17, 2021 public hearing. In addition, the following documents were admitted during the August 17,
2021 public hearing as well:
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Exhibit 23 Staff power point
Exhibit 24 City of Renton COR maps and GIS data
Exhibit 25 Google Maps
FINDINGS OF FACT
Procedural:
1. Applicant. Renton Housing Authority, Mark Gropper, 2900 NE 10th St, Renton, WA 98056.
2. Hearing. A virtual hearing was held on the subject application at 11 am on August 17, 2021,
Zoom Meeting ID No. 822 8900 0449.
Substantive:
3. Project and Site Description. The Renton Housing Authority has requested approval of hearing
examiner site plan review, a parking variance and several development standard modifications for a
four-story mixed-use building composed of 76 affordable housing units with approximately 13,645
square feet of ground floor space for the Renton Housing Authority located at 2900 NE 10th St.
The existing 13,416 square foot Renton Housing Authority building will be removed. The project site
is approximately 1.28 acres. Vehicle access to the subject property would occur from a single
driveway connecting to Jefferson Ave NE. The development includes 56 parking spaces and street
frontage improvements along NE 10th St and Jefferson Ave NE. There are nineteen (19) significant
trees on the subject property all of which are proposed to be removed.
The Applicant’s parking variance is to RMC 4-2-120.A, which provides that parking for residential
and commercial uses in the CV zone may not be located between the building and a public street
unless located within a structured parking garage. The Applicant proposes to place eleven (11)
parking stalls between its proposed building and Jefferson Ave NE ROW abutting the east side of the
site.
The Applicant requests the following four parking modifications:
a) RMC 4-4-080.F.8.a, Standard Parking Stall Size for Surface/Private Garage/Carport:
The Applicant requests a modification to reduce the minimum size of the standard
surface parking stalls from 20-feet by 9-feet to 15-feet x 8-feet.
b) RMC 4-4-080.F.8.c, Compact Parking Stall Size and Maximum Number of Compact
Spaces: The Applicant is requesting a modification to reduce the minimum size of the
surface compact parking stalls from 8.5-feet by 16-feet to 7.5 feet x 12-feet and a
modification to exceed the maximum percentage of compact spaces allowed by 11%.
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c) RMC 4-4-080.F.9.b, Ninety Degree Parking Aisle Minimums: The Applicant is
requesting a modification to allow for a 22-foot parking aisle width for a portion of the
surface parking lot.
d) RMC 4-4-080.F.11.b and 4-4-080.F.11.c, Bicycle Parking Standards: The project
requests a modification to the type of bicycle rack provided to allow a portion of the
racks to be wall-mounted.
The Applicant also seeks a modification to refuse and recycling standards, specifically RMC 4-4-
090.D.1b and RMC 4-4-090.C.10, to reduce the number of refuse/recycling areas from two to one and
to allow for a reduced height for the refuse/recycling enclosure.
The Applicant seeks a modification to RMC 4-4-040.C.2.d, Retaining Wall Standards – Setback from
Public Rights-of-Way and 4-4-040.C.2.f., Grading. Specifically, the Applicant is proposing to install
four-foot (4’) tall rockery walls along NE 10th St within the three-foot (3’) required setback area to
allow a reduced minimum horizontal distance of level grade abutting a proposed retaining wall near
the surface parking area along Jefferson Ave NE, and to allow a retaining wall (new) and rockery wall
(existing) to exceed eight-feet (8’) in height.
The Applicant seeks a modification to RMC 4-6-060.F.2 to reduce the required street dedication from
1.5 feet to 0 feet for Jefferson Ave. NE and to reduce required pavement width for NE 10 St. to existing
pavement width.
Finally, the Applicant seeks a modification from RMC 4-4-090 in order to allow the development to not
meet three out of five criteria required as part of the Residential Mixed Use Standards in RMC 4-4-150.
Specifically, the Applicant is seeking to construct a residential mixed use building without conforming
to the following standards:
a) For vertically mixed use buildings, the facade necessary for interior entrances, lobbies,
and areas/facilities developed for the exclusive use of the building’s residents, or their guests, is
limited to twenty five percent (25%) of the overall facade along any street frontage or the primary
facade. The Applicant meets the requirement on the west facade but is proposing approximately
45% of the east façade abutting the Jefferson Ave NE ROW and approximately 50% of the west
façade abutting the NE 10th St ROW to be developed for the exclusive use of the residents.
b) Ground Floor Commercial Space Standards: At a minimum, the development shall
include ground floor commercial space along any street frontage or, in the absence of street
frontage, along the primary facade of the building in conformance with the following standards:
b. A minimum floor-to-ceiling height of eighteen feet (18'), and a minimum clear height of
fifteen feet (15') unless a lesser clear height is approved by the Administrator
d. A central plumbing drain line
e. A grease trap and a ventilation shaft for a commercial kitchen hood/exhaust.
4. Surrounding Uses. The project site is surrounded on three sides with multi-family housing and
commercial development to the west.
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5. Adverse Impacts. There are no significant adverse impacts associated with the project.
Project impacts are more specifically addressed as follows:
A. Structure Placement and Scale. As conditioned, the structure placement and scale are not
expected to create undue adverse impact on the adjacent residences and is designed to protect
privacy and reduce noise for on- and off-site occupants and to maintain compatibility with
existing development and surrounding uses.
The building provides privacy and noise reduction as a large number of units are oriented
towards Jefferson Ave NE, a dead-end road that provides access to the adjacent apartments and
commercial uses to the west and north of the site. The exterior common spaces are located behind
the building and away from the busier NE 10th St. There are also no occupied roof decks above
the second level that could project noise over the adjacent buildings to the larger neighborhood.
All noise from exterior common spaces at ground level would be limited and contained by
hardscape and landscape features such as planter boxes, trees and weather protection canopies.
To provide for compatible scale, the proposed building would be “L” shaped with an outdoor
second-story terrace area located on the backside of the building. This design would provide the
maximum amount of natural sunlight to both the outdoor common spaces and the residential
units above. The other large common open space, a memorial park near the northwest corner of
the site, is located behind the west wing of the building and has plentiful access to sunlight due
to the orientation of the building. Parking is concentrated between the two wings and provides
adequate vehicular access to the site while remaining mostly hidden from the abutting streets.
B. Views. No obstruction of existing views of natural features are anticipated, including view
corridors to shorelines or Mt. Rainier. There are no significant views for which to maintain
visual accessibility and staff received no comments from adjacent properties regarding views.
C. Noise, light and glare. As conditioned, the proposal will not create any significant noise, light or
glare impacts. A lighting plan was not provided with the application; therefore, a condition of
approval requires that a lighting plan be provided at the time of building permit review. Noise
impacts are adequately controlled as outlined in Finding of Fact 5A and by virtue of the City’s
noise ordinance.
D. Screening. As conditioned, unattractive site features will be adequately screened from view.
The only surface mounted utility equipment identified in the project plans, a transformer located
to the west of the refuse and recycling enclosure building, would be screened from the ROW
and adjacent property through the use of landscape screening made up of trees, shrubs, and
groundcover. The conceptual landscape plan (Exhibit 9) did not identify the locations of specific
plants and therefore staff was unable to determine whether or not the transformer would be
adequately screened. In addition, the Applicant did not provide details of roof or surface mounted
equipment and/or screening identified for such equipment with the land use application.
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Therefore, a condition of approval requires that the Applicant to submit a surface mounted utility
plan that includes cross-section details with the civil construction permit application. The
Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out
of public ROW view, active common open spaces, and they shall not displace required
landscaping areas. The plan shall provide and identify screening measures consistent with the
overall design of the development. In addition, a condition of approval requires that the
Applicant submit a rooftop equipment exhibit with the elevation plans associated with the
building permit application. The exhibit shall provide cross section details and identify proposed
rooftop screening that is integral and complementary to architecture of the buildings.
E. Natural Features. The proposal will not adversely affect any natural features.
There are no natural features on the site that will be adversely affected by the proposal. The
only critical area on-site is a moderate landslide hazard and sensitive slopes. Moderate cutting
is proposed on the site in order to utilize the slope of the site to screen the structured parking and
provide a better pedestrian experience. Most of the existing vegetation on the subject property
will be removed during construction, however, the development would result in a significant
number of street trees and new ground level landscaping including at grade shrubs and trees as
well as above grade planter boxes.
F. Landscaping. Aesthetic, noise, light and privacy impacts will be minimized by existing and
proposed landscaping.
The Applicant will provide required 10-foot wide street frontage landscaping along NE 10th St
and Jefferson Ave NE. The Applicant has also proposed a heavily landscaped memorial garden
area at the rear of the building and a second-floor terrace with incorporated planter boxes that
will help reduce the scale of building, reduce light spillage and increase privacy for both
residents and neighbors
G. Critical Areas. The proposal will not create significant adverse impacts to critical areas.
The only critical areas affected by the proposal are geologically hazardous areas. The City’s
COR maps has identified the site containing a Moderate Landslide Hazard Area and Sensitive
Slopes (15-40%). The geotechnical engineer anticipates that the western portion of the proposed
structure may be supported with a conventional foundation system and the southeast portion of
the proposed structure may be supported by deep foundation elements such as driven piles,
provided the recommendations presented in the report are followed. In addition, the geotechnical
engineer anticipates that proposed development would not have adverse impacts on adjacent
properties provided the same recommendations are followed. The recommendations of the
geotechnical report are made conditions of approval.
H. Compatibility/Overconcentration. The proposal is compatible with surrounding uses and does
not represent an overconcentration of use.
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The proposed building is four stories and generally consistent with the scale of existing buildings
in the commercial area in the surrounding Sunset neighborhood. A three-story apartment
building across NE 10th St and a four-story across Jefferson Ave NE are of similar size and scale
to the proposed development. The building includes pedestrian-scale features along all frontages
and is oriented to the abutting streets. As affordable housing, the proposal does not represent an
overconcentration of use in the area.
I. Variance Impacts. Approval of the requested variance to RMC 4-2-120.A would not adversely
affect surrounding properties or the environment. The portion of the surface parking lot between
the building and the street will be mostly hidden from view due to the substantial grade change
created by an existing 12-foot tall rockery wall abutting the east property line. The grade change
created by the site’s topography combined with the ample landscaping proposed as part of both
the planter strip and on-site perimeter parking lot landscaping will substantially screen the
surface parking lot from view and limit impacts to neighboring properties.
6. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. The proposal will be served by adequate water and sewer. Water
and sewer service will be provided by the City of Renton.
B. Fire and Police. The proposal will be served by adequate police and fire service. Police and
Fire Prevention staff indicated that sufficient resources exist to furnish services to the
proposed development if the Applicant provides Code required improvements and fees.
C. Drainage. Adequate drainage facilities are proposed. The Applicant submitted a preliminary
drainage plan proposing a drainage system in conformance with the 2017 Renton Surface
Water Design Manual (RSWDM). The report indicates the on-site site catch basins would
discharge stormwater into an existing 12-inch stormwater main in the Jefferson Ave NE
ROW as well as an existing 12-inch stormwater main in NE 10th St ROW. However, the
site would be required to provide Best Management Practices meeting enhanced basic water
quality standards for new pollution-generated surfaces. The Applicant has proposed to
provide limited infiltration for the new pollution generating impervious surfaces via two
bioretention planters to be installed on-site between the building’s west façade and the
Jefferson Ave NE ROW. Due to the Applicant proposing to locate the planters partially
within the on-site 10-foot landscape strip, a condition of approval requires that the Applicant
located the planters outside of required 10-foot landscape strip.
D. Parks/Open Space. As conditioned, the proposal provides for adequate and appropriate
parks and open space.
50 square feet of open space per dwelling unit is required of the project. The Applicant
proposes 76 dwelling units and therefore 3,800 sq. ft. of common open space is required (76
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units x 50 sq. ft. = 3,800 sq. ft). The Applicant has proposed to provide common open space
in excess of 50 sq. ft. per unit. The site plan and landscape plan (Exhibits 2 and 9) identify a
memorial garden area on the north side of the site between the building and parking lot access
drive. The garden area incorporates concrete walkways with connection to a central focal
feature, raised mounds with seat walls, and a mix of ground cover, shrubs, and trees. The
passive recreation area would provide approximately 2,800 sq. ft. of common open space.
As shown on the site plan (Exhibit 2), the Applicant also proposes a 3,500 sq. ft. second level
outdoor terrace with adjoining 1,100 sq. ft. common room. The terrace area would include
seating areas, a variety of vegetation and raised planters, and a tenant gardening area. Other
ground floor amenity areas include built in seat benches in the public plaza adjacent to the
southwest corner of building and substantial landscaped areas between the building and the
Jefferson Ave NE ROW to the west of the building. In order to ensure the common open
space elements meet the intent of the standard, which is provide usable and inviting open
space that is accessible to the public, a condition of approval requires the Applicant to submit
details and manufacturers specifications for all common open space programming elements
Landscape Plan (Exhibit 9).
E. Transportation. The proposal provides for adequate and appropriate transportation facilities.
Access to the site would be provided via a single 20-foot wide driveway off of Jefferson Ave
NE.
The proposal provides a safe and efficient circulation pattern for both vehicles and
pedestrians within the site. The Applicant has consolidated the vehicle access to one
driveway on Jefferson Ave NE. Vehicles within the internal parking lot are provided with
adequate driveway aisles for maneuvering in and out of the lot. Pedestrian connections from
the street to the primary and secondary building entrances will be provided as well as a
concrete pathway adjacent to the parking area that will provide safe passage for pedestrians
accessing the outdoor park area or secondary entrances. Emergency vehicle access can be
accommodated via the two abutting streets. See Location and Consolidation discussion
above and Pedestrian discussion below.
The proposal also provides for desirable transitions and linkages between uses, streets,
walkways and adjacent properties. The Applicant is proposing to access the ground level
parking via a single curb cut off of Jefferson Ave NE. Site improvements include a new 8-
foot wide sidewalk along NE 10th St, a new 6-foot wide sidewalk along Jefferson Ave NE,
and two at grade entrance points for both the RHA offices on the ground floor and the
residences above. Extensive weather protection and a plaza at the southwest corner of the
building result in an enhanced pedestrian experience for visitors or passersby.
Due to the nature of the proposed uses, frequent large deliveries will not likely occur.
Loading and delivery would be available on Jefferson Ave NE on the west side of the
building where traffic is minimal due to the dead-end nature of the street. Onsite loading and
delivery access could also be provided in the surface parking accessed via Jefferson Ave NE.
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No information or stripping was designated for loading and delivery onsite. If a separate
loading and delivery area from parking and pedestrian areas is proposed onsite, the Applicant
may include the loading and delivery area details with the civil construction plan for review.
Congestion and other traffic impacts were assessed in the Applicant’s traffic study, Ex. 14.
The report found that the proposal would generate 181 new weekday daily trips, 31 new AM
peak hour trips and 19 new PM peak hour trips. The report found that no off-site mitigation
was necessary as all affected intersections would operate at LOS A or B after construction.
System-wide trip generation would be mitigated by payment of transportation impact fees.
A Transportation Impact Fee, based on the City of Renton Fee Schedule would be applicable
to the proposal. The proposal has also passed the City’s Traffic Concurrency Test per RMC
4-6-070.D (Exhibit 16), which is based upon a test of the citywide Transportation Plan,
consideration of growth levels included in the LOS-tested Transportation Plan, and future
payment of appropriate Transportation Impact Fees.
F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and bicycle
facilities.
Per RMC 4-4-080F.11.a bicycle parking spaces are required at 10% of the number of
required off-street parking spaces for the RHA on-site service and 0.5 spaces per unit for the
residential uses. The Applicant is proposing 56 off-street parking spaces and 76 dwelling
units, which requires 44 bicycle parking spaces. The Applicant has proposed a total of 45
bicycle parking spaces for the development including 40 in a separate room contained within
the structured parking garage and five (5) in front of the building’s primary entrance on
Jefferson Ave NE.
A transit stop is located abutting the subject property on NE 10th St. The stop services King
County Metro route 111 which provides service between Lake Kathleen and downtown
Seattle. In order to avoid conflicts with the transit stop during site development, a condition
of approval requires that the Applicant coordinate with King County Metro prior to
submitting construction permits to identify any needed accommodations for the abutting
transit stop on NE 10th St that need to occur during construction of the site.
G. Parking. The proposal provides for adequate and appropriate parking.
Parking regulations for low income attached dwellings are a minimum of 1 for each 4
dwelling units with a maximum of 1.75 per dwelling unit allowed. Parking regulations for
on-site services require a minimum and maximum of 3 per 1,000 sq. ft. Based on a total of
76 - low income attached dwelling units, the Applicant is required to provide a minimum of
nineteen (19) spaces (76 / 4) and a maximum of 133 spaces (76 x 1.75). Based on a total on-
site net floor area of 10,483 sq. ft., the Applicant is required to provide 32 spaces for the RHA
offices. Therefore, based on the square footage and number of attached units, the Applicant
is required to provide a total number of spaces between 51 (32 + 19) and a maximum of 166
(3+ 133) in order to meet code. The Applicant proposed a total of 56 parking spaces onsite
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(29 standard stalls, 24 compact stalls and 3 ADA stalls) including 23 spaces for the attached
units and 32 spaces for the on-site service.
A total of twenty (20) structured or tuck-under parking stalls are available for the residential
units. Per RMC 4-4-080.E.3, a joint use parking agreement is required for parking facilities
authorized to serve multiple uses in order allow commercial users of the building to utilize
the residential parking spaces during off-peak times and vice versa. Therefore, a condition
of approval requires the Applicant to provide a joint use parking agreement for the residential
and on-site service uses on the site. In addition, to ensure a minimum of nineteen (19)
structured or tuck-under stalls are designated for the exclusive use of the residential units in
the building, a condition of approval requires that the Applicant mark the designated stalls
with paint, signage, or an alternative method approved by the Current Planning Project
Manager.
H. Schools. The proposal makes adequate provision for schools.
It is anticipated that the Renton School District can accommodate any additional students
generated by this proposal at the following schools: Highlands Elementary School,
McKnight Middle School, and Hazen High School. Except for the elementary school
students, any new students from the proposed development would be bussed to their schools.
The school bus stop is located approximately 0.3 miles from the project site at NE 9th St and
Harrington Ave NE (NW corner). The proposed project includes the installation of frontage
improvements along the NE 10th St project frontage, including sidewalks. All students
would walk east along NE 10th St, south along Kirkland Ave NE, and west along NE 9th St
to access the bus stop. Existing sidewalks are available for the entire route on both sides of
the street and marked crosswalks are available at all intersections where street crossings are
necessary. Elementary school students would access Highlands Elementary School using the
same route.
A School Impact Fee, based on the City of Renton Fee Schedule would ensure that the
Applicant pays its pro-rata share for school improvements necessitated by the proposal.
7. Special Circumstances. Special circumstances justify the need for the Applicant’s parking
variance. Those circumstances are composed of the curvature of the adjoining Jefferson Ave NE and
the fact that the project site is bounded on three sides by streets. The majority of the proposed parking
is tucked behind the building. However, since the project site is bounded by street frontage on three
sides with only a small portion of the perimeter not abutting a street, it isn’t possible to prevent all
required parking from abutting street frontage, given the limited area available for the parking.
Conclusions of Law
1. Authority. The hearing examiner has final decision-making authority on the consolidated
applications subject to this decision, subject to closed record appeal to the City Council.
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RMC 4-8-080(G) classifies hearing examiner site plans as Type III applications, variances as Type
II applications and development standard modification as Type I applications. RMC 4-8-080(C)(2)
requires consolidated permits to each be processed under “the highest-number procedure.”
Consequently, the consolidated master site plan, preliminary plat and street modification applications
are subject to Type III review. As outlined in RMC 4-8-080(G), Type III review is subject to hearing
and final decision by the hearing examiner, subject to closed record appeal to the City Council.
2. Zoning/Comprehensive Plan Designations/Design District. The subject property is zoned Center
Village (CV) and has a comprehensive plan land use designation of Commercial Mixed Use (CMU).
The property is also located in the Urban Design District “D” Overlay.
3. Review Criteria. RMC 4-9-200B2c requires hearing examiner site plan review for commercial
projects abutting residentially zoned property in the CV district. Site plan review criteria are governed
by RMC 4-9-200(E)(3). Variance criteria are governed by RMC 4-9-250(B)(5). All applicable site
plan and variance criteria are quoted below in italics and applied via associated conclusions of law.
The modification requests identified in Finding of Fact No. 3 are governed by RMC 4-9-250(D). All
of the modification requests are concluded to meet all applicable review criteria for the reasons
identified in Staff Report Findings No. 23-27.
Site Plan
RMC 4-9-200(E)(2). Level of Detail:
a. Master Plans: For master plan applications, the Administrator will evaluate compliance
with the review criteria at a level of detail appropriate for master plans. Master plans will
be evaluated for general compliance with the criteria and to ensure that nothing in the
master plan will preclude development of a site plan in full compliance with the criteria.
b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail
and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3-
2012)
4. The staff report and this Decision analyze the proposal in the detail required b y the criterion
above.
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
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a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
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 any
applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-100.
5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in
Finding No. 171 of the staff report. The proposal is consistent with the zoning code as outlined in
Finding No. 18 of the staff report. The proposal is located in Design District “D” and consistent with
Design District “D” development standards as outlined in Finding No. 19 of the staff report. The
Environmental Review Committee (ERC) reviewed the Sunset Gardens application and issued a
Concurrence Memo designating the proposal a planned action (Exhibit 1) and therefore the project
does not require any further SEPA review.
RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a particular
portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and
adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop
equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to
attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and surrounding
properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the
project; and
1 References to findings in the staff report are designed by “Finding No. _____.” References to findings from this
recommendation are “FOF No. _____.”
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vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are
significantly adverse. Specifically, massing of structures is addressed by FOF No. 5(A), circulation
and loading areas by FOF 6(E), views by FOF 5(B), landscaping by FOF No. 5(F) and lighting by
FOF 5(C).
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, spacing
and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and
vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils,
using topography to reduce undue cutting and filling, and limiting impervious surfaces; and
iv. 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 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.
7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly
adverse. Structure placement and scale is addressed in FOF No. 5(A). Extensive landscaping is
required of the project as described in FOF No. 5(F) and this landscaping will serve to provide shade
and privacy, define open spaces and generally improve upon aesthetics as required by the criterion
quoted above.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets rather than
directly onto arterial streets and consolidation of ingress and egress points on the site and, when
feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including
the location, design and dimensions of vehicular and pedestrian access points, drives, parking,
turnarounds, walkways, bikeways, and emergency access ways;
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iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings, public sidewalks and adjacent properties.
8. The criterion is met. As outlined in FOF No. 6(E), access is consolidated into a single street
connection to Jefferson Ave NE. The proposal will provide for safe and efficient internal circulation
and pedestrian connections as determined in FOF No. 6(E). Loading and delivery will be separated
from parking and pedestrian areas as outlined by a separate access point as outlined in FOF No. 6(E).
The proposal will be served by adequate transit and bicycle facilities as determined in FOF No. 6(F).
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 site.
9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in
FOF 6(D).
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.
10. The criterion is met. As determined in FOF No. 5B, there are no significant views for which
to maintain visual accessibility. There are also no shorelines in proximity to the project site.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
11. The criterion is met for the reasons identified in FOF No. 5E and 5G.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
12. The criterion is met. The project is served by adequate services and facilities as determined in
FOF No. 6.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
13. The project does not involve any phasing.
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Variance
RMC 4-9-250(B)(5)(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;
14. The criterion is met due to the special circumstances of the project site as determined in FOF No. 7.
Strictly imposing RMC 4-2-120A would deprive the Applicant of rights and privileges enjoyed by
others because the unique site conditions identified in FOF No. 7 would render compliance cost
prohibitive by necessitating an additional story of structured parking.
RMC 4-9-250(B)(5)(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;
15. The criterion is met for the reasons identified in FOF No. 5I.
RMC 4-9-250(B)(5)(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;
16. The criterion is met. There is no special privilege as the variance is necessary to enable the
Applicant to accommodate required parking in a feasible manner, a privilege enjoyed by all other
developers.
RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum
variance that will accomplish the desired purpose.
17. The criterion is met. Staff have determined that the proposed variance is the minimum necessary
to reasonably facilitate compliance with the City’s parking standards and this finding is consistent with the
site restrictions of the project site.
DECISION
For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the
Applicant’s site plan, development modifications and variance are met by the proposal and the
applications are approved subject to the following conditions of approval:
1. The Applicant shall submit a detailed landscaping plan with the civil construction permit
that provides those items noted in RMC 4-8-120D.12 and a detailed irrigation plan. The
plan shall also clearly identify the 10-foot wide onsite street frontage landscaping along
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Jefferson Ave NE that is displaced by the stormwater facilities as currently shown. The
stormwater facilities may be integrated into the street frontage landscaping however the
required frontage planting shall take priority and if the street frontage landscaping and
stormwater facilities are unable to comingle, the facilities shall be relocated outside of the
required street frontage landscaping area. The detailed landscaping plan shall be reviewed
and approved by the Current Planning Project Manager prior to permit issuance.
2. The Applicant shall submit a detailed landscape plan with the civil construction permit
application that identifies the replacement trees meeting the replacement requirements of
RMC 4-4-130. The landscape plan shall be reviewed and approved by the Current Planning
Project Manager prior to civil construction permit approval.
3. The Applicant shall clearly indicate on the detailed landscape plan submitted with the civil
construction permit application how the plan meets the 10% tree replacement requirements
including but not limited to the 50% credit limitation provided for those trees that are
required pursuant to RMC 4-4-070. If onsite replacement for the trees is not practical, then
payment into the City’s Urban Forestry Program fund may be approved for those trees that
cannot be accommodated onsite. The detailed landscape plan shall be reviewed and
approved by the Current Planning Project Manager prior to civil construction permit
approval.
4. The Applicant shall provide a joint use parking agreement for the residential and on-site
service uses on the site. The joint use agreement shall be provided to the Current Planning
Project for review and approval prior to the issuance of a Temporary or Final Certificate of
Occupancy.
5. The Applicant shall reserve a minimum of nineteen (19) structured or tuck-under stalls for
the exclusive use of the residential units in the building. The Applicant shall mark the
designated stalls with paint, signage, or an alternative method approved by the Current
Planning Project Manager. The method proposed shall be submitted to and approved by the
Current Planning Project Manager prior to building permit approval.
6. The Applicant shall submit a surface mounted utility plan that includes cross-section details
with the civil construction permit application. The Applicant shall work with franchise
utilities to ensure, as practical, utility boxes are located out of public ROW view, active
common open spaces, and they shall not displace required landscaping areas. The plan shall
provide and identify screening measures consistent with the overall design of the
development. The surface mounted utility plan shall be reviewed and approved by the
Current Planning Project Manager prior to permit issuance.
7. The Applicant shall submit a rooftop equipment exhibit with the elevation plans associated
with the building permit application. The exhibit shall provide cross section details and
identify proposed rooftop screening that is integral and complementary to architecture of
the buildings. The exhibit shall be reviewed and approved by the Current Planning Project
Manager.
8. The Applicant shall submit a detailed landscape plan that incorporates additional trees
and/or shrubs between the sidewalk and ground floor residential units along NE 10th St. The
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detailed landscape plan shall be submitted to and approved by the Current Planning Project
Manager to civil construction permit approval.
9. The Applicant shall submit revised exterior elevations with the building permit application
that provide additional primary entry elements that are prominent and visible from the street.
Entry elements may include but are not limited to, additional architectural articulation, an
alternate facade that provide differentiation in material and/or color from other portions of
the building, pedestrian level lighting, or other identifying visual features as approved by
the Current Planning Project Manager. The revised elevations shall be reviewed and
approved by the Current Planning Project Manager prior to building permit issuance.
10. The Applicant shall submit a detailed landscape plan that identifies the pedestrian-scale
landscaping requirements of RMC 4-3-100.E.2, including the species and spacing of
individual plants, for the perimeter parking lot landscaping area near the southeast corner
of the site. The landscape plan shall be submitted to and approved by the Current Planning
Project Manager prior to civil construction permit approval.
11. The Applicant shall incorporate additional raised planters or other architectural elements
approved by the Current Planning Project Manager near the two primary front entrances off
of NE 10th St in lieu of the proposed at-grade landscape strips shown on the conceptual
landscape plan (Exhibit 9). Such elements shall be shown on the detailed landscape plan
submitted with the civil construction permit to be reviewed and approved by the Current
Planning Project Manager prior to permit issuance.
12. The Applicant shall submit details and manufacturers specifications for all common open
space programming elements Landscape Plan (Exhibit 9). The details and specifications
shall be identified on the detailed landscape plan to be reviewed and approved by the Current
Planning Project Manager prior to building permit issuance.
13. The Applicant shall submit details or manufacturers specifications for the proposed seat
benches and other furniture shown on the Landscape Plan (Exhibit 9). The site furniture and
other sitting amenities shall be reviewed and approved by the Current Planning Project
Manager prior to building permit issuance.
14. The Applicant shall submit revised elevation plans with the building permit application that
shows a minimum of one (1) additional prominent corner feature such as a parapet
extension, wrapped glazing, unique weather protection, and/or alternative elements
approved by the Current Planning Project Manager. The revised elevations shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
issuance.
15. The Applicant shall submit a revised east elevation which includes a minimum of 50%
glazing along the ground floor between 4 feet and 8 feet above ground on the wall of the
structured parking garage, or, indicate on a revised elevation how the elevation meets the
intent of the standard’s guidelines. Alternatively, the Applicant may propose additional
landscaping in front of the façade that would provide visual interest and mitigate the visual
impact of the blank wall. The revised east elevation and/or landscape plan shall be submitted
to and approved by the Current Planning Project Manager prior to building permit approval.
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The Applicant shall provide one (1) additional roof element that breaks up the massiveness
of uninterrupted roof line and provides additional visual interest. The revised building
elevations shall be reviewed and approved by the Current Planning Project Manager prior
to building permit issuance.
16. The Applicant shall provide one additional roof element that breaks up the massiveness of
uninterrupted roof line and provide additional visual interest. The revised building
elevations shall be reviewed and approved by the Current Planning Project Manager prior
to building permit issuance.
17. The Applicant shall utilize an alternative color scheme for the brick veneer. The Applicant
shall submit revised elevation plans with the building permit application that shows an
alternative brick color with higher contrast. The revised elevations shall be reviewed and
approved by the Current Planning Project Manager prior to building permit issuance.
18. The Applicant shall submit a materials board with the building permit application that
provides samples of exterior cladding materials that are proposed on the building. The
materials board shall be reviewed and approved by the Current Planning Project Manager
prior to building permit issuance.
19. The Applicant shall submit a lighting plan with the building permit application that
adequately provides for public safety and creates visual interest to the building and site.
Pedestrian scaled lighting shall be provided at the primary entrance and accent lighting on
building facades. The parking area shall also contain adequate lighting to ensure safety and
security. The lighting plan shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
20. The Applicant shall coordinate with King County Metro prior to submitting construction
permits to identify any needed accommodations for the abutting transit stop on NE 10th St
that need to occur during construction of the site. Evidence of the coordination with King
County Metro and the accommodation(s) shall be shown on the civil construction permit
plans to be reviewed and approved by the Current Planning Project Manager prior to permit
issuance.
21. The material used for the proposed plaza areas shall be scored and the connections in the
parking lot shall be constructed of concrete or comparable alternative material. The scoring
and material composition of the interior pedestrian pathways and plaza areas shall be
reviewed and approved by the Current Planning Project Manager prior to civil construction
permit approval.
22. The Applicant shall comply with the recommendations of the geotechnical report prepared
by Otto Rosenau & Associates, dated April 16, 2021 or future addenda.
23. The Applicant shall incorporate a concrete pathway connection across the access driveway
that connects pathway on the west side of the parking lot with the concrete pad adjacent to
the trash and recycling enclosure. The pathway shall be made of a contrasting material and
color and shall be a minimum of five (5) feet wide. The pathway shall be shown on revised
landscape plans submitted with the civil construction permit to be reviewed and approved
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by the Current Planning Project Manager prior to permit issuance. The Applicant shall also
install pedestrian scale lighting on each side of the access driveway and at the refuse and
recycling enclosure in order to provide additional visibility for users. The Applicant shall
submit a lighting plan with the building permit application that includes the required
pedestrian-scale lighting near the pathway crossing the driveway. The lighting plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
issuance.
24. The Applicant shall utilize a concrete seat wall in lieu of the proposed rockery wall adjacent
to NE 10th St to the extent that the concrete seat can be accommodated without exposing
the garage wall to public view. The purpose of the seat is to provide an additional
pedestrian-scale feature on along a primary façade. The details and specifications of the seat
wall shall be identified on the detailed landscape plan to be reviewed and approved by the
Current Planning Project Manager prior to building permit issuance.
25. The Applicant shall demonstrate compliance with the four standards under FOF 26,
Criterion B, related to the stability of the existing retaining wall and access to the adjacent
parcel, via a written report prior to issuance of a Temporary or Final Certificate of
Occupancy. The report shall be reviewed and approved by the Current Planning Project
Manager.
26. The Applicant shall install a curb bulb at the northeast corner of the intersection of NE 10th
St and Jefferson Ave NE near the southwest corner of the site in order to improve pedestrian
safety. The curb bulb shall indicated on the roadway plans to be submitted and reviewed at
the time of civil construction permit application.
Decision issued August 22, 2021.
Hearing Examiner
Appeal Right and Valuation Notices
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
must be filed within fourteen (14) calendar days from the date of the decision. A request for
reconsideration to the hearing examiner may also be filed within this 14-day appeal period.
Affected property owners may request a change in valuation for property tax purposes notwithstanding
any program of revaluation.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
PR21-000160 Sunset Gardens
Project Number:
LUA21-000168, SA-H, VAR, MOD (x4)
Date of Report
August 17, 2021
Staff Contact
Alex Morganroth
Senior Planner
Project Contact/Applicant
David Albers, SMR Architects / 117 S
Main St, Suite 400, Seattle, WA 98104
Project Location
2900 NE 10th St
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-17: As shown in the Environmental Review Committee (ERC) Memo
Exhibits 18-22: As shown in the Staff Report to the Hearing Examiner
Exhibit 23: Staff PowerPoint
Exhibit 24: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 25: Google Earth, https://www.google.com/earth/