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HomeMy WebLinkAboutD_HEX_ Decision_TA_Benson_Petro_202303141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 7 CAO VARIANCE - 7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 8 CAO VARIANCE - 8 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 9 CAO VARIANCE - 9 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 10 CAO VARIANCE - 10 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 11 CAO VARIANCE - 11 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 12 CAO VARIANCE - 12 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 13 CAO VARIANCE - 13 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 14 CAO VARIANCE - 14 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 15 CAO VARIANCE - 15 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN and STREET AND PARKING MODS- 16 CAO VARIANCE - 16 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/