HomeMy WebLinkAboutD_HEX_ Decision_TA_Benson_Petro_202303141
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SITE PLAN and STREET AND PARKING MODS- 1
CAO VARIANCE - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: TA Benson Petro
Site Plan and Street and Parking
Modifications
LUA22-000424
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FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
FINAL DECISION
Summary
TA Benson Petro, LLC requests site plan and street and parking modification approval for the
construction of a new 4,088 sq. ft. convenience store, a 2,900 sq. ft. gas station canopy, and a 2,850
sq. ft. bank to be located at 17426 Benson Dr SE, 10828 & 10810 SE Petrovitsky Rd. The
applications are approved subject to conditions.
Testimony
Jill Ding, Senior City of Renton Planner, summarized the staff report.
In response to Examiner questions, Mike Seppo with Renton Engineering noted that access is right
in, right out. There is coordination occurring between WSDOT and the City on Benson Drive
access because that road is within WSDOT jurisdiction. The Applicant will be conducting an
intersection control evaluation that will be reviewed by WSDOT and the City to devise safe turning
movements within the intersection and within the site.
Ms. Ding responded to the remaining questions of the Examiner. The lot line adjustment is being
delayed because it’s a separate decision and has to be recorded. The street modification and
parking modification are consolidated into the site plan review. The staff recommended
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SITE PLAN and STREET AND PARKING MODS- 2
CAO VARIANCE - 2
landscaping and setback corrections will not significantly change the site plan. The final number of
parking spaces will be known during construction permit review. With retention of the trees and
revised landscaping, there likely will be just a couple parking spaces eliminated.
Michelle Woodward, Applicant representative, noted that she was happy with how staff treated the
parking issue.
No one else testified.
Exhibits
Exhibits 1-29 as presented in the staff prepared document entitled “Exhibits” during the February 28,
2023 hearing were admitted into the record.
FINDINGS OF FACT
Procedural:
1. Applicant. TA Benson Petro, LLC, 2600 Dallas Parkway, Suite, 370, Frisco, TX 75034.
2. Hearing. A virtual hearing was held on the applications on February 28, 2023 at 11 am in the
City of Renton Council chambers, Zoom Meeting ID No. 946 7233 4580.
3. Project Description. TA Benson Petro, LLC requests site plan and street and parking
modification approval for the construction of a new 4,088 sq. ft. convenience store, a 2,900 sq. ft. gas
station canopy, and a 2,850 sq. ft. bank to be located at 17426 Benson Dr SE, 10828 & 10810 SE
Petrovitsky Rd.
The project site is comprised of three (3) parcels totaling approximately 72,980 sq. ft. (1.68 acres).
Access to the site is proposed via one curb cut off of Benson Dr. SE/108th Ave SE and one curb cut
off of SE Petrovitsky Rd. Surface parking is proposed for 44 parking spaces. A street standards
modification was requested to vary from the code required frontage improvements and instead comply
with alternative plans that have been adopted by the Transportation Division for the Benson/108th and
Petrovitsky frontages. The Applicant is requesting a modification from RMC 4-4-080 in order to
exceed the maximum number of 24 permitted parking spaces to 44 spaces.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services. Infrastructure and services are more directly addressed
as follows:
A. Water and Sewer Service. Water and sewer service will be provided by the Soos Cree Water
and Sewer District.
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SITE PLAN and STREET AND PARKING MODS- 3
CAO VARIANCE - 3
B. Fire and Police. The City of Renton will provide police service and the Renton Regional Fire
Authority will provide fire service. Police and Fire Prevention staff indicated that sufficient
resources exist to furnish services to the proposed development with the improvements and fire
impact fees required of the project.
C. Drainage. The proposal provides for adequate and appropriate drainage facilities since its
proposed stormwater controls have been found by City staff to conform to the City’s
stormwater regulations.
A Preliminary Technical Information Report (TIR) prepared by Contour Engineering, LLC,
dated August 2022 was submitted with the land use application materials. The project would be
subject to the 2022 City of Renton Surface Water Design Manual (RSWDM). Based on the
City’s flow control map, the site falls within the Flow Control Duration Standard area matching
Forested Site Conditions, which requires that off-site flows match forested, pre-developed
conditions. Existing surface water runoff is collected and conveyed via catch basins to an
existing underground storm drainage system, that collects and conveys stormwater runoff from
the existing buildings and parking lot off-site to the south, to the storm system in SE
Petrovitsky RD. From there, it travels north along Benson DR S, and then along SE 174th
Street. There is no existing on-site detention system.
To comply with the flow control requirements of the RSWDM, stormwater runoff would be
tightlined to or collected by onsite catch basins, which would direct the water to an
underground detention vault. Stormwater discharged from the vault would be routed through a
water quality device and pump system before being discharged off site into the public
stormwater system in Benson Dr. S.
The development is subject to a system development charge (SDC) for stormwater. The 2023
SDC for stormwater is $0.92 per square foot of new impervious surface area, but not less than
$2,300.00. The fee that is current would be assessed and charged at the time of construction
permit issuance.
D. Parks/Open Space. The project is not residential in nature so no park impact fees or open space
requirements apply to the proposal except for a public plaza required by design regulations.
The project will not displace existing recreational uses. The Applicant proposes a public plaza
as required at the intersection of SE Petrovitsky Rd and Benson Dr S.
E. Transportation and Circulation. The proposal is served by adequate and appropriate
transportation facilities.
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SITE PLAN and STREET AND PARKING MODS- 4
CAO VARIANCE - 4
The proposed development site has frontage on SE Petrovitsky Road (176th St SE) and on
Benson Dr. S (108th Ave SE / SR 515). Frontage improvements are required along both street
frontages. Access to the site will be limited to right-in right out on both SE Petrovitsky and
108th Ave SE/Benson Dr S.
A Traffic Impact Analysis (TIA), dated October 4, 2022, prepared by Transportation
Engineering Northwest (Exhibit 12) was included with the project application materials.
According to the TIA, the proposed project is estimated to generate 1,085 net new weekday
daily trips, with 71 net new trips occurring during the weekday AM peak hour (37 entering, 34
exiting), and 104 net new trips occurring during the weekday PM peak hour (52 entering, 52
exiting).
The TIA also included level of service (LOS) analyses for future year 2024 weekday AM and
PM peak hour conditions at four (4) signalized off-site study intersections (106th Pl SE and SE
Carr Rd, Benson Dr S and Benson Rd S, Benson Dr S and SE Petrovitsky Rd, and 108th Ave
SE and SE 180th St). All study intersections are expected to operate at a LOS E or better,
which according to City traffic staff is an acceptable level, during the weekday AM and PM
peak hours in 2024 without or with the proposed project.
Transportation Concurrency (Exhibit 26) was completed for the proposed project, The
proposed project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D.
A Transportation Impact Fee, for a combination convenience store and gas station would be
applicable to the proposal. For informational purposes, the 2023 fee is based on a rate of
$157.10 per square foot of drive-in bank and $73,411.90 per pump. This fee will likely change
in subsequent years and will be assessed and paid at time of building permit issuance.
The proposal would provide for desirable, safe and efficient linkages and transitions between
pedestrian and vehicular transportation facilities by providing pedestrian connections between
the primary building entrance and the public sidewalk within the public right-of-way. In
addition, pedestrian walkways are proposed around the buildings with connections to the
surface parking lot, providing safe and efficient access for pedestrians. Vehicular access to the
site is proposed via one curb cut off of Benson Dr. S and one curb cut off of SE Petrovitsky Rd,
which would minimize the vehicular access to and from the site and provide fewer
interruptions to the public sidewalk.
WSDOT expressed concern over some traffic mitigation that affects SR 515. The City testified
that the City is currently coordinating the mitigation with WSDOT through an intersection
control evaluation process.
The project site has no designated loading and delivery areas.
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SITE PLAN and STREET AND PARKING MODS- 5
CAO VARIANCE - 5
F. Schools. The project is not residential in nature. No impacts to schools are anticipated and no
fees are required.
G. Refuse and Recycling. The proposal will be served by adequate and appropriate recycling
facilities.
RMC 4-4-090E requires that in retail developments, a minimum of five (5) square feet per
every one thousand (1,000) square feet of building gross floor area shall be provided for
recyclables deposit areas and a minimum of ten (10) square feet per one thousand (1,000)
square feet of building gross floor area shall be provided for refuse deposit areas. A total
minimum area of one hundred (100) square feet shall be provided for recycling and refuse
deposit areas.
The proposed bank building would have an area of 2,850 sq. ft. and the convenience store
would have an area of 4,188 sq. ft. The proposed bank building would be required to
provide 6 sq. ft. of recyclable deposit areas and 12 sq. ft. of refuse deposit area or a total
minimum of 100 sq. ft. of refuse and recycling deposit areas. The proposed site plan
(Exhibit 2) includes an approximately 160 sq. ft. service area for the proposed bank
building, which would exceed the 100 sq. ft. minimum requirement.
The proposed convenience store would be required to provide 21 sq. ft. of recyclable deposit
areas and 42 sq. ft. of refuse deposit areas or a total minimum area of 100 sq. ft. of refuse
and recycling deposit areas. The proposed site plan includes an approximately 330 sq. ft.
service area for the proposed convenience store, which would exceed the minimum 100 sq.
ft. requirement.
The location of the service areas is at the north end of the project site, approximately 15 feet
from a residentially-zoned property and appears to be over the future proposed property line.
The proposed location would be acceptable, as the proposed nearby residential zone is
developed with a church and is not developed with a residential use. However, the service
area would not be permitted to be built over the future property line. A condition of
approval requires that the refuse and recyclable deposit areas be amended such that they
would not be located over the proposed future property line.
H. Parking. The proposal provides for adequate and appropriate parking because the proposed
parking complies with the City’s parking standards.
Parking regulations require that retail sales provide a minimum and maximum of 2.5 spaces per
1,000 square feet of net floor area. Bank uses require a minimum of 2.5 spaces per 1,000
square feet of net floor area and are permitted a maximum of 5.0 spaces per 1,000 square feet
of net floor area. For uses with a drive-through (drive-through ATM), the drive-through facility
shall be so located that sufficient on-site vehicle stacking space is provided for the handling of
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SITE PLAN and STREET AND PARKING MODS- 6
CAO VARIANCE - 6
motor vehicles using such facility during peak business hours. Typically 5.0 stacking spaces
per window are required unless otherwise determined by the Administrator. Stacking spaces
cannot obstruct required parking spaces or ingress/egress within the site or extend into the
public right-of-way.
According to the site plan (Exhibit 2), the proposed bank building would have an area of 2,850
sq. ft. and the convenience store would have an area of 4,188 sq. ft. Based on a total floor area
of 2,850 sq. ft. for the bank use, the proposal would be required to provide a minimum of seven
(7) spaces and would be permitted a maximum of fourteen (14) spaces. Based on a total floor
area of 4,188 sq. ft. for the retail use (convenience store), the proposal would be required to
provide a minimum and a maximum of 10 spaces. A total of 17 minimum parking spaces
would be required and a maximum of 24 parking spaces would be permitted for the proposed
entire project. The site plan includes a total of 44 parking spaces (19 spaces would be on the
bank parcel and 25 spaces would be on the convenience store parcel), which would exceed the
maximum total of 24 spaces permitted on the project site. The Applicant submitted a Parking
Analysis (Exhibit 22) and a Parking Modification request (Exhibit 23) justifying the additional
parking provided, which has been approved by this Decision per Conclusion of Law No. 3.
The proposed site plan (Exhibit 2) include the five (5) minimum required stacking spaces for
the drive-through ATM. In addition, the site plan (Exhibit 2) included stall dimensions and
aisle widths. The standard stalls would have a width of nine feet (9’) and a depth of 20 feet, the
compact stalls would have a width if eight feet, 6 inches (8’-6”) and a depth of 16 feet, and the
minimum proposed aisle width would be 24 feet. The proposed parking spaces would comply
with the dimensional requirements outlined in the Parking Regulations.
I. Landscaping. As conditioned, the proposal will conform to the City’s landscaping standards
and thus is found to provide for adequate and appropriate landscaping. The Applicant’s
landscaping plan as submitted currently does need to be revised to conform to all applicable
standards as outlined at pages 9-12 of the staff report. The staff reports findings on this issue
are adopted by reference and the staff’s recommended condition for revising the Applicant’s
landscaping plan is adopted by this decision.
J. Transit and Bicycle. The proposal is served by and provides for adequate transit and bicycle
facilities.
There are existing transit stops located on SE Benson Dr. S and SE Petrovitsky Rd., in addition
the King County Rapid Ride I-Line project is proposed and Benson Dr. S and would have
transit stops within the vicinity of the project site.
RMC 4-4-080E11 requires that the number of bicycle parking spaces shall be equal to ten
percent (10%) of the number of required off-street vehicle parking spaces. Based on a
minimum requirement for 17 total parking spaces noted in Finding of Fact No. 5H, a total of
two (2) bicycle parking spaces would be required for the proposed project. An eight foot by
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eight foot (8’ x 8’) bicycling parking area is identified on the submitted site plan (Exhibit 2),
however a detail of the bicycle parking was not provided. To ensure compliance with the
bicycle parking requirements, a condition of approval requires that a bicycle parking detail be
submitted demonstrating that the proposal would comply with the bicycle parking requirements
as required in RMC 4-4-080F.11.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On
January 23, 2023 the City issued a Mitigated Determination of Non-significance (MDNS) for the
project. Impacts are more specifically addressed as follows:
A. Views. According to the staff report, the proposal includes the construction of single-
story buildings and would not adversely impact existing views of surrounding
development or views of Mt. Rainier or shorelines.
B. Compatibility. The proposal is compatible with surrounding use. Adjacent properties are
comprised of a church and office and retail use. The proposed use of moderate intensity
is compatible with these types of uses.
C. Light, glare, noise and privacy. As conditioned, the proposal will not create any
significant adverse light, noise or glare impacts and will not impact privacy.
The proposed buildings are single-story commercial buildings, in addition landscaping is
proposed around the site perimeter reducing any potential adverse privacy impacts on
surrounding properties. The proposed bank and convenience store would be situated close
to the public right-of-way, reducing any potential noise impact from these uses on
surrounding properties.
RMC 4-4-075 as well as the City’s design standards govern outdoor lighting and light
fixtures. A lighting plan was not included with the submitted application materials,
therefore staff was unable to verify compliance with this requirement. A condition of
approval requires that a lighting plan and light fixture details be provided to the Current
Planning Project Manager for review and approval at the time of Building Permit review.
D. Critical Areas. There are no critical areas mapped for the project site.
E. Tree Retention. The proposal complies with the City’s tree retention standards and thus
provides for adequate protection of trees.
A Conceptual Landscaping and Tree Retention Plan (Exhibit 3), Tree Retention and Tree
Credit Worksheet (Exhibit 20), and an Arborist report prepared by Washington Forestry
Consultants, dated December 13, 2022 (Exhibit 21) were submitted with the project
application materials. There are eight (8) significant trees identified on the project site,
none of the existing trees were proposed for retention. The City’s Tree Retention
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Regulations require the retention of thirty percent (30%) of existing significant trees. Out
of the existing eight (8) significant trees, the Applicant would be required to retain two
(2) trees (8 * 0.30 = 2.4 or 2 trees). There are three (3) trees located on the north end of
the project site and two (2) of these trees appear to be viable for retention as the parking
proposed at this location would exceed the maximum number of parking stalls permitted
on the project site (see Parking discussion below). If these trees were retained, the
proposal would be compliance with the City’s adopted Tree Retention Regulations. A
condition of approval requires that a Final Tree Retention Plan be submitted at the time of
Construction Permit review for review and approval by the Current Planning Project
Manager. The Final Tree Retention Plan shall include the retention of the two existing
healthy trees identified on the north end of the project site, unless it is determined
infeasible by the Current Planning Project Manager.
The City’s Tree Retention Regulations also require a minimum tree density of 30 credits
per net acre. The submitted Tree Retention and Credit Worksheet (Exhibit 20) concluded
that 50 tree credits would be required on the project site. Tree Credit requirements are
proposed to be satisfied through the planting of 38 small species trees, 42 medium species
trees, and 7 large species trees. It appears that the 9 street trees proposed to be planted
within the public right-of-way were included in the small species trees tree credit
calculation, these trees would not count towards the sites tree density requirements as
these trees would be located off-site within the public right-of-way. After the deduction
of the street trees, the trees to be planted onsite would result in a tree density of 63.25
credits (29 small species trees at 0.25 credits per tree + 42 medium species trees at 1
credit per tree + 7 large species trees at 2 credits per tree = 63.25 credits), which exceeds
the 50 tree credits required on the project site and would satisfy the minimum tree density
requirements.
Tree protection measures would be required during project construction in accordance
with RMC 4-4-130H.10, these measures would include the installation of a 6-foot high
chain link fence as well as signage identifying the trees as protected. The Conceptual
Grading Plan (Exhibit 8) shows some grading along the east property line abutting some
existing Douglas fir trees. To ensure that these trees are not damaged during project
construction, a condition of approval requires that an arborist be present onsite during any
grading around the root zone of on or offsite protected trees.
Conclusions of Law
1. Authority The site plan requires hearing examiner review and final approval. The street
modification and parking modification requests are subject to staff approval when reviewed separately,
but is consolidated with hearing examiner review for this application.
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RMC 4-9-200D2c requires a public hearing before the hearing examiner for site plan applications
abutting residentially zoned property. RMC 4-9-200F9b requires the hearing examiner to issue a
written decision after holding the hearing.
RMC 4-8-080G classifies the street and parking modification requests as a Type I application and the
site plan application as a Type III application.
RMC 4-8-080(C)(2) requires consolidated permits to be collectively processed under “the highest-
number procedure”. The Type III review is the “highest-number procedure” and therefore must be
employed for the site plan and street and parking modification applications. As outlined in RMC 4-8-
080(G), the hearing examiner is authorized to hold hearings and issue final decisions on Type III
applications subject to closed record appeal to the Renton City Council.
2. Zoning/Design District/Comprehensive Plan Designations. The subject property is zoned
Commercial Arterial (CA) designated Urban Design District D and has a comprehensive plan land use
designation of Commercial Mixed Use (CMU).
3. Review Criteria/Adoption of Staff Findings and Conclusions of Street Modifications. All
applicable review criteria for the conditional use and site plan applications are quoted below in italics
and applied through corresponding conclusions of law.
The criteria for the street and parking modification requests identified in Finding of Fact No. 3 are
governed by RMC 4-9-250.D.2. The findings and conclusions of Finding No. 18 and 19 and of the
staff report are adopted by this reference in full to conclude that all review criteria for the requested
street and parking modifications are met.
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
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.
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4. The criterion is met. As conditioned, the proposal is consistent with all applicable
comprehensive plan policies and development standards and design standards as outlined in Findings
No. 15-17 of the staff report, adopted by this reference as if set forth in full.
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
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
5. As conditioned, the criteria quoted above are met. As outlined in Finding of Fact No. 4(E), the
proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent
properties. As determined in Finding of Fact No. 4G, the proposal complies with the City’s refuse
and recycling standards. As determined in Finding of Fact No. 5A, the proposal will not adversely
affect any views. As determined in Finding of Fact No. 4I, the proposal is consistent with the City’s
landscaping standards, which includes perimeter landscaping to provide buffering to adjacent uses.
The proposal will not create any significant light impacts, including excessive brightness or glare, for
the reasons identified in Finding of Fact No. 5C.
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;
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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.
6. The criteria quoted above are met. Given the commercial nature of the development, there is no
need to protect on-site privacy. As noted in Finding of Fact No. 5, there are no critical areas on-site
and nothing in the record suggests any other natural area in need of protection. As conditioned and
identified in Finding of Fact No. 4I, landscaping will be incorporated into to the surface parking
areas and it would be used to provide a transition between the proposed development and
surrounding development.
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;
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.
7. The proposal as conditioned provides for safe and efficient access and vehicular and pedestrian
circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4E.
Transit and bicycle facilities are available as determined in Finding of Fact No. 4J. The proposal has
no designated loading and delivery area. Staff’s interpretation appears to be that the loading and
delivery provision quoted above only requires separation when there is a designated area for that
function. Deference is given to that interpretation as it is consistent with past staff practice.
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.
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8. The criterion is met. The proposal provides for a public plaza as identified in Finding of Fact
No. 4D. The plaza is located at the intersection of the project’s frontage roads, which serves as a
focal point as contemplated in the criterion quoted above.
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.
9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as determined
in Finding of Fact No. 5A.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
10. As noted in Finding of Fact No. 5D, there are no critical areas at the project site and hence no
natural systems will be affected by the proposal.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
11. The project is served by adequate services and facilities as determined in Finding of Fact No. 4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
12. There is no phasing plan proposed
DECISION
The site plan and parking and street modification requests meet all applicable review criteria for the
reasons identified in the Conclusions of Law of this decision and are approved, subject to the
following conditions:
1. The Applicant shall comply with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated January 23, 2023:
a. The Applicant shall implement a contingency mitigation plan to address potential
contaminated soil or groundwater handling and disposal, hazardous waste
operations, worker training, health and safety, and potential contamination
remediation.
b. An Inadvertent Discovery Plan (IDP) shall be implemented during project
construction for any archeological resources encountered on the project site.
2. A lot line adjustment or lot consolidation shall be submitted for review and approval to the
Current Planning Project manager at the time of Building Permit review and recorded prior
to the issuance of a Temporary or Final Certificate of Occupancy for the first building
constructed on the project site.
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3. The site plan shall be revised to provide the minimum required 15-foot front and secondary
front yard setback between the proposed bank building and the intersection of Benson Dr S
and SE Petrovitsky Rd. The revised site plan shall be submitted to the Current Planning
Project Manager for review and approval at the time of Construction Permit review.
4. A detailed landscape plan shall be submitted at the time of Construction Permit review for
review and approval by the Current Planning Project Manager, the detailed landscape plan
shall include, but not be limited to:
a. A 10-foot onsite landscape strip along all street frontages incorporating a mix of
trees, shrubs, and ground cover, the portion of the street frontage landscaping
abutting the surface parking lot should be planted with primarily evergreen trees and
shrubs to provide a year round screen;
b. A revised layout of the street frontage landscaping to accommodate the correct floor
plan and main entrance for the convenience store;
c. Interior parking lot landscaping (i.e. tree islands with a minimum dimension of eight
feet by twelve feet (8’ x 12') at a rate of 15 sq. ft. per parking space throughout the
entire project site, interior lot landscaping that does not meet this standards will not
be credited toward the minimum required;
d. No parking space shall be more than 50 feet from an interior parking lot landscaped
tree island;
e. Trees shall be two inches (2") in diameter at breast height (dbh). At least one (1) tree
for every six (6) parking spaces within the parking lot interior shall be planted and
around the parking lot perimeter trees shall be planted at the average minimum rate
of one (1) tree per 30 lineal feet of street frontage;
f. Shrubs at the minimum rate of one per 20 square feet of landscaped area shall be
planted. Up to fifty percent (50%) of shrubs may be deciduous;
g. Ground cover shall be planted in sufficient quantities to provide at least ninety
percent (90%) coverage of the landscaped area within three (3) years of installation;
h. The entire fifteen-foot (15’) wide landscape strip along the Residential-14 (R-14)
zone shall be landscaped;
i. The proposed plant palate shall be revised to replace Leyland cypress and juniper
species with native evergreen trees and shrubs (i.e. western red cedar, Douglas fir,
western hemlock, and/or Oregon grape).
5. A Final Tree Retention Plan shall be submitted at the time of Construction Permit review for
review and approval by the Current Planning Project Manager. The Final Tree Retention
Plan shall include the retention of the two (2) existing healthy trees identified on the north
end of the project site, unless it is determined infeasible by the Current Planning Project
Manager.
6. An arborist shall be present onsite during any grading around the root zone of on or offsite
protected trees.
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7. The refuse and recyclable deposit areas shall be amended such that they would not be
located over the proposed future property line. A revised site plan showing the amended
refuse and recyclable deposit areas shall be submitted at the time of Construction Permit
review for review and approval by the Current Planning Project Manager.
8. A bicycle parking detail shall be submitted at the time of Building Permit Review for review
and approval by the Current Planning Project Manager demonstrating that the proposal
would comply with the bicycle parking requirements as required in RMC 4-4-080F.11.
9. A screening detail shall be provided for any proposed surface or roof mounted utility
equipment be submitted to the Current Planning Project Manager for review and approval.
The screening detail for surface mounted utility equipment that includes cross sections of
the utility and screening shall be provided at the time of Construction Permit review and the
screening detail for any roof-mounted utility equipment shall be provided at the time of
Building Permit review.
10. Revised architectural elevations shall be submitted at the time of building permit review
including weather protection with a minimum width of four and one-half feet (4-1/2') or the
Applicant shall demonstrate compliance with the guideline of this section. The architectural
elevations shall be submitted to the Current Planning Project Manager for review and
approval.
11. Garbage, recycling collection, and utility areas shall be enclosed on all sides, including the
roof and screened around their perimeter by a wall or fence and have self-closing doors. A
screening detail shall be submitted to the Current Planning Project Manager at the time of
Building Permit review for review and approval.
12. The proposed service area screening shall be comprised of masonry, ornamental metal,
wood, or some combination of the three (3).
13. Site amenity details, including outdoor seating shall be provided at the time of Construction
Permit application for review and approval by the Current Planning Project Manager. Site
furniture shall be made of durable, vandal- and weather-resistant materials that do not retain
rainwater and can be reasonably maintained over an extended period of time.
14. The Applicant shall demonstrate that the weather protection proposed comprise seventy five
percent (75%) of the street facing façades. A revised site plan and building elevations
demonstrating compliance with this requirement shall be submitted to the Current Planning
Project Manager at the time of Building Permit review for review and approval.
15. Plaza details shall be provided to the Current Planning Project Manager at the time of
Construction Permit application for review and approval. The detailed plan for the plaza
shall include street trees, decorative paving, pedestrian-scaled lighting, and seating.
16. The architectural elevation of the north façade of the proposed bank building shall be
amended to include modulation and articulation to break up the façade. Revised
architectural elevations shall be submitted to the Current Planning Project Manager for
review and approval at the time of Building Permit review.
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17. The width of the driveway abutting the north façade of the bank building shall be reduced
by four feet (4’) and a four-foot (4’) wide landscaped strip shall be included between the
north building façade and the sidewalk. This landscaped area shall be planted with a
combination of trees, shrubs, and evergreen ground cover. A revised site and landscape plan
showing this landscape area shall be submitted to the Current Planning Project Manager for
review and approval at the time of Construction Permit review.
18. Revised elevations for the proposed convenience store shall be provided to the Current
Planning Project Manager for review and approval at the time of Building Permit review.
The revised elevations shall demonstrate that the south, west, and north elevations provide
the required fifty percent (50%) transparent windows and/or doors along 50 percent of the
portion of the ground floor facade that is between 4 feet and 8 feet above ground or
demonstrate compliance with the guidelines of this section.
19. The untreated blank walls along east and north elevation of the proposed bank and the south
and north elevations of the proposed convenience store shall be treated with a planting bed
at least five feet (5’) in width containing trees, shrubs, evergreen ground cover, or vines
adjacent to the blank wall; trellis or other vine supports with evergreen climbing vines;
architectural detailing such as reveals, contrasting materials, or other special detailing that
meets the intent of this standard; artwork, such as bas-relief sculpture, mural, or similar; or
seating area with special paving and seasonal planting.
20. A materials board shall be submitted to the Current Planning Project Manager for review
and approval at the time of Building Permit application.
21. A lighting plan and light fixture details shall be provided to the Current Planning Project
Manager for review and approval at the time of Building Permit review.
22. A mix of large maturing evergreen and deciduous trees shall be planted within the interior
parking lot landscaped areas. A detailed landscape plan showing the large maturing
evergreen and deciduous trees shall be submitted to the Current Planning Project Manager at
the time of Construction Permit Review for review and approval.
DATED this 14th day of March, 2023.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III
applications 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
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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:
TA Benson Petro, LLC
Project Number:
LUA22-000424, SA-H, ECF, MOD, MOD
Date of Report
February 28, 2023
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
Alicia Baker
Tekin & Associates, LLC
2600 Dallas Pkwy, Suite 370
Frisco, TX 75034
Project Location
17426 Benson Dr SE,
10828 & 10810 SE
Petrovitsky Rd
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-15: As shown in the Environmental Review Committee (ERC) Report
Exhibits 16-26: As shown in the Staff Report to the Hearing Examiner
Exhibit 27: Staff PowerPoint
Exhibit 28: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 29: Google Earth, https://www.google.com/earth/