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HomeMy WebLinkAboutD_HEX_PUD and Master Site Plan_202305301 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 PUD and Master Site Plan - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: 800 Garden Master Site Plan and Preliminary Planned Urban Development LUA22-000415, SA-M, PPUD ) ) ) ) ) ) ) ) ) FINAL DECISION SUMMARY Bay West Development requests combined Master Site Plan Review and Preliminary Planned Urban Development (PPUD) approval for a mixed-use development composed of 1,179 multi-family residential units and 48,761 square feet (SF) of commercial space on a 11.5-acre site at 800 Garden Ave N. The applications are approved subject to conditions. TESTIMONY Note: The following is a summary of testimony provided for the convenience of the reader only and should not be construed as containing any findings of fact or conclusions of law. The focus upon or exclusion of any particular testimony or hearing evidence in this summary is not reflective of the priority or probative content of any particular hearing evidence and no assurance is made as to accuracy. Clark Close, Renton Senior Planner, summarized the staff report. In response to Examiner Questions, Mr. Close identified that staff concluded an inadvertent discovery plan was sufficient to address cultural resources because the project site had been developed and redeveloped multiple times and that the soils had been significantly disturbed. Brian Wolf, partner of Applicant Bay West, noted that the Applicant has been working with the staff on the project since 2020. He thanked Mr. Close for his assistance in processing the applications. 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 PUD and Master Site Plan - 2 EXHIBITS Exhibits 1-43 as identified in the Exhibit List shared by staff during the May 16, 2023 hearing were admitted into the record during that hearing. FINDINGS OF FACT Procedural: 1. Applicant. Bay West Development, 90 Railway Ave, Campbell, CA 95008 2. Hearing. A virtual hearing on the application was held on May 16, 2023, Zoom Meeting ID No. 946 7233 4580. Substantive: 3. Project Description. Bay West Development is requesting combined Master Site Plan Review and Preliminary Planned Urban Development (PPUD) approval for a mixed-use development composed of 1,179 multi-family residential units and 48,761 square feet (SF) of commercial space on a 11.5-acre site at 800 Garden Ave N. The subject property includes a vacant one-story retail building and surface parking lot that would be demolished. The proposal includes the construction of three (3) mixed use buildings over three phases: Phase 1: Building A – 8 stories (approx. 84 feet above level 1 FFE, 696,496 SF with 25,697 SF of ground level commercial space, 419 dwelling units (du), and 635 parking stalls; Phase 2: Building B – 7 stories (approx. 74 feet above level 1 FFE), 582,385 SF with 13,195 SF of ground level commercial space, 375 du, and 488 parking stalls; and Phase 3: Building C – 7 stories (approx. 73 feet above level 1 FFE), 591,702 SF with 9,869 SF of ground level commercial space, 385 du, and 490 parking stalls. Net residential density on the subject property would result in approximately 110 dwelling units per net acre. The proposal would include approximately 1,613 onsite structured parking spaces and 26 on-street parallel parking spaces on Garden Ave N. Access to would be provided from Garden Ave N and N 8th St. All existing 83 trees onsite would be replaced. As provided on detailed design elevations, perspective, and design plans the buildings would be constructed of high quality materials and contain modulation and articulation features commensurate with their overall scale and relationship to pedestrians on the street. The proposed development project would include a retail/grocery-ready space within Building A, a corner retail plaza with a public art element, pedestrian ‘paseos’, a large public plaza at the corner of Garden Ave N and N 8th St, and multiple interior courtyards with both active and passive recreation. The buildings provide architectural features across all exterior elevations. Building entries would be comprised of double height spaces with transparent glazing to help bring in natural light, activate the street frontage, and enhance the pedestrian experience. Pedestrian and vehicle conflicts are minimized with limited curb cuts. The development includes 100% structured parking to maximize the project aesthetics from the public view. The site plan and phasing plan provide compatible transition to the development provided the Applicant complies with City development standards and conditions of approval. Phasing timing and deadlines are imposed by a condition of approval as follows: 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 PUD and Master Site Plan - 3 Phase 1: construction of Building A in 2024-2025, eight-stories, 696,496 square feet with 25,697 square feet of ground level commercial space, 419 dwelling units, and 635 parking stalls; Phase 2: construction of Building B in 2029-2030, seven-stories, 582,385 square feet with 13,195 square feet of ground level commercial space, 375 dwelling units, and 488 parking stalls; and Phase 3: construction of Building C in 2034-2035, seven-stories, 591,702 square feet with 9,869 square feet of ground level commercial space, 385 dwelling units, and 490 parking stalls. A condition of approval requires that the Applicant submit Final Planned Urban Development (FPUD) applications for each project phase as follows: Phase 1 in 2024, Phase 2 in 2029, and Phase 3 in 2034. The following modification to eligible development regulations have been requested by the Applicant via the PPUD application: RMC Code Citation Required Standard Modification RMC 4-2-120A Development Standards for Commercial Zoning Designations (CN, CV, CA, & UC) Setbacks: Minimum front yard setback 15 feet. Maximum front yard setback 20 feet. The Applicant is proposing to vary building setbacks on Garden Ave N and N 8th St. RMC 4-3-100E.2 Urban Design Regulations, Requirements, Parking and Vehicular Access: Structured Parking Garages Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. Requested for N 8th St in Phase 3, Building C. The Applicant is primarily proposing to orient retail uses toward Garden Ave N. Lobby and parking structure space are provided along the frontage width of N 8th St. RMC 4-3-100E.3 Urban Design Regulations, Requirements, Pedestrian Environment: Pedestrian Amenities Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4-1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. The Applicant is primarily proposing a parking structure facing on N 8th St with limited pedestrian overhead weather protection along the south street facing elevation of Building C in Phase 3. 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 PUD and Master Site Plan - 4 RMC 4-3-100E.5 Urban Design Regulations, Requirements, Building Architectural Design, Building Character and Massing: Ground Level Details Any façade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). Requested for N 8th St in Phase 3, Building C. The Applicant is primarily proposing a parking structure facing on N 8th St with limited transparent windows and/or doors for the portion of the ground floor façade that is between four feet (4') and eight feet (8') above ground. RMC 4-4-070F.1 Landscaping, Areas Required to be Landscaped: Street Frontage Landscaping Required Ten feet (10') of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways and those zones with building setbacks less than ten feet (10'). In those cases, ten feet (10') of landscaping shall be required where buildings are not located. Requested in Phases 1, 2, and 3. Associated with the requested building setback modification. Where buildings are not located, landscaping includes a mixture of trees, shrubs, groundcover, and hardscape. RMC 4-4-080F.8.d Parking, Loading and Driveway Regulations, Parking Lot Design Standards, Parking Stall Types, Sizes, and Percentage Allowed/Required: Tandem Parking: Tandem parking is allowed for detached single family residential and townhouse developments. Requesting up to 20 tandem parking stalls per phase. RMC 4-4-150E Residential Mixed-Use Development Standards, Commercial Space Standards: Commercial Area Requirements Within the UC-2 zone, any development wherein dwelling units are proposed shall provide an amount of gross commercial floor area equivalent to 20% of the building footprint(s) of all buildings on site containing residential dwelling units. Requested for Phases 2 and 3: Phase 2 – 12% and Phase 3 – 9.4%. RMC 4-9-150E.2 Planned Urban Development Regulations, Development Standards: Private Open Space Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Eliminate private balconies/patios in the interior corner units to maximize the amount of natural light and ventilation to courtyard units. 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 PUD and Master Site Plan - 5 4. Adequacy of Infrastructure/Public Services/Required Amenities. The project will be served by adequate and appropriate infrastructure, public services and required amenities as follows: A. Water and Sewer Service. Water and sanitary sewer service for the development will be provided by the City of Renton. There is an existing 12-inch water main located in Garden Ave N, an existing 12-inch water main located in N 8th St, and an existing 12-inch water main within an easement on the parcel. There is an existing 21-inch gravity wastewater main located in N 8th St, an existing 8-inch gravity wastewater main located in Garden Ave N, and an existing 6-inch side sewer serving the parcel. B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire Authority and police service by the Renton Police Department. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; if the Applicant provides code required improvements and fees (Exhibit 34). Fire fees are calculated and paid at time of building permit issuance. C. Drainage. In conjunction with the City’s stormwater regulations, the proposal mitigates all significant drainage impacts and provides for adequate and appropriate stormwater facilities. Public works staff has reviewed the Applicant’s preliminary drainage design and found it to conform to the City’s stormwater standards. Important for neighboring properties, the drainage standards require off-site stormwater flows to be at or less in volume and velocity than predevelopment conditions. The development is subject to Full Drainage Review in accordance with the 2017 Renton Surface Water Design Manual. The Applicant has submitted a Technical Information Report (TIR) prepared by by KPFF Consulting Engineers, dated December 2022 (Exhibit 12). The project site is currently developed with a former Fry’s Electronics warehouse building, areas of concrete pavement, asphalt pavement, and landscaping. The existing landscaping is currently vegetated with lawn shrubs and trees. The project would generally maintain the existing topography and drainage patterns of the site. Stormwater runoff would continue to discharge to the existing public stormwater system in Garden Ave N and the project would continue to discharge directly to Johns Creek, a major receiving water, via the 72-inch public storm drain in Garden Ave N adjacent to the site. It has been determined that the current conveyance system has sufficient capacity for the project and there are no erosion concerns with Johns Creek. The proposed project would have a net reduction of impervious surface, and the current conveyance system has sufficient capacity for the project. New pollution-generating surfaces would be treated using BMPs that meet enhanced basic water quality standards. In addition, the project would treat runoff from target pollution- generating impervious surfaces (PGIS) using a series of proprietary water quality vaults designed to provide enhanced water quality treatment and sized for all surface areas draining to the facility. 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 PUD and Master Site Plan - 6 The proposal’s proportionate share impact on the City’s stormwater system is mitigated via required payment of a water system development fee, due prior to issuance of the construction permit. D. Parks/Open Space. The project provides for adequate parks and open space. The Applicant has provided active and passive recreational opportunities and open spaces throughout the development as required by planned unit development (PUD) open space standards. The Applicant has proposed to disperse common open spaces and recreation areas in several areas around the development. Additionally, these areas are both interior and exterior to the project. PUD development standards require 50 square feet of dwelling space per dwelling unit. The required open space for 1,179 dwelling units is 58,950 square feet (50 SF x 1,179 units = 58,950 SF). The Applicant proposes 91,653 square feet of open space as further detailed for each phase below. Phase 1: Phase 1 will include a corner retail plaza at the NW corner of the site enhancing the street intersection of Garden Ave N and N 10th St. This corner retail plaza would include a public art element providing a focal point for the development. Additionally, Phase 1 would provide a minimum 25,000 square feet of retail/grocery- ready space within Building A, unless an otherwise reduced amount is approved by the Administrator upon securing a commitment for a high quality grocery tenant. The 25,000 square foot retail/grocery-ready space would require an additional level of parking within Building A. Phase 2: Phase 2 will require street frontage improvements on Garden Ave N by wrapping around the corner of N 8th St to ensure ADA and clear vision area requirements are fully completed as part of the second phase. Phase 3: Phase 3 will consist of a large Plaza Green on the corner of Garden Ave N and N 8th St that would be available for public use (Exhibit 28). The proposal orients the development towards the primary frontage at Garden Ave N. The onsite open spaces, located between buildings, offers useful common amenities for residents creating an interactive community experience within the development. Building B includes an upper level courtyard/terrace to provide relief from the typical bulky attributes that building of this size can exhibit and gives a sense of separation and breakdown of mass at the street level. The interior courtyards include green areas to further beautify the site from within. The proposal also provides for sufficient private open space as required by City PUD standards. PUD standards generally require that each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit and that all upper floor units include at least 60 square feet of such open space for each unit. The project 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 PUD and Master Site Plan - 7 landscape plans, floor plans, perspectives, and exterior elevations (Exhibits 5, 7, 9, and 10) identify private open space in the form of balconies in the individual units and private patios for units in the upper level courtyards the would be accessed by a door with at least fifty percent (50%) glazing. The Applicant is proposing to eliminate private balconies/patios in the interior corner units to maximize the amount of natural light and ventilation to courtyard units. Not all balcony dimensions would comply with the minimum dimensions, however, they appear proportioned well to fit with the unit types and layouts and integrate with the overall façade modulation of the buildings. The balcony/60 square foot requirement is waived as part of the PUD process, with the waiver request as identified in Finding of Fact No. 3. In-lieu of private open space decks for each residential unit, a condition of approval requires the Applicant to submit a revised floor plan with the Final Planned Urban Development (FPUD) application that provides usable private open space for each residential unit, such as individual climate-controlled storage closets totaling at least 60 square feet in size with no dimension less than five feet (5') for each unit (or equivalent private open space) so long as the minimum area requirement is maintained. E. Pedestrian Circulation. As proposed, the proposal provides for a safe, efficient and attractive pedestrian circulation system that is clearly delineated and connects buildings and open space. The site plan submitted for the proposal (Exhibit 2) includes several pedestrian connections from the public sidewalk along the street frontages to the interior pedestrian pathways located throughout the development. The pathways are designed to allow for clear sight lines and connect users to onsite plazas, pedestrian ‘paseos’, parking areas, and sidewalks. The formal pathways connect the structures to public sidewalks along Garden Ave N and N 8th St and private sidewalks along the interior access roads. Together the combination of surfaces, pathways, and walkways create a clear pedestrian circulation system within the development and are sized appropriately for the anticipated number of users. The proposed development would significantly improve the pedestrian connectivity of the property by providing new street frontage ROW improvements along Garden Ave N and N 8th St that would include minimum 16-foot (16’) wide sidewalks on Garden Ave N and minimum eight-foot (8’) wide sidewalks on N 8th St with continuous planting strips with street trees or tree grates with street trees. The new sidewalks and locations of the buildings along the public sidewalks (Phases 1 and 2) would create an active urban street frontage that is designed to continue into the onsite public plaza space. The internal walkways would provide pedestrian connections from the building entrances to these areas. To ensure the large public plaza remains accessible for public use in perpetuity, a condition of approval requires that the Applicant record a public access easement across the accessible areas of the pedestrian oriented urban plaza at the southwest corner of the property. F. Transportation. The proposal is served by adequate and appropriate transportation infrastructure. 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 PUD and Master Site Plan - 8 The proposed development fronts Garden Ave N and N 8th St, classified as minor arterial streets. Four (4) access points are proposed to be provided to the arterials – two (2) on Garden Ave N and two (2) on N 8th St. The Updated TIA report found that all proposed controlled movements to and from the site – the signalized intersection at N 10th St, the Garden Ave N driveway, and the east and west N 8th St driveways are expected to operate at acceptable levels of LOC C or better in 2037 with minimal queueing. A site-to-site connection would also be provided onsite, including a paved north/south 26-foot-wide two- way interior access road along the east property line and a paved shared east/west interior access road to the north of Building A. Staff have determined that in general, the proposed driveways appear to be appropriately spaced along the public streets to provide adequate site access and circulation to the buildings and parking garages. The site is generally flat, there are no issues with steep gradients at the street access points or within the interior of the site. The existing and proposed driveway connections to both streets would not conflict with any driveway access points from surrounding properties and no difficult turning patterns are anticipated. In addition, the proposed development has sufficient/safe vehicular and emergency access with interior access roads towards the north and east forming a loop around the buildings. If all recommended access and circulation conditions of approval are followed, the proposal would allow for safe and efficient circulation to and from the existing and proposed driveway access points on Garden Ave N and N 8th St. To ensure coordinated design between phases, a condition of approval requires that no additional driveway access points be permitted on N 8th St prior to civil construction permit approval for Phase 3 improvements. To establish conformance to the City’s level of service (congestion) standards, the Applicant submitted a traffic impact analyses. (Exhibits 15 and 31). The site generated traffic volumes were calculated using data from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (2021). The net new t rip generation associated with the proposed project was calculated by subtracting the trip generation associated with the existing use. The analysis shows the proposed 800 Garden project is expected to generate 3,487 net new weekday daily trips (3,740 less existing trips). The traffic analyses found 15 out of the 16 evaluated intersections would meet the applicable level of service (LOS) standards during the weekday AM and PM peak hours in 2037 with or without the proposed project with the exception of the Garden Ave N/N Southport Dr intersection during the weekday PM peak hour in 2037. This intersection is anticipated to operate at LOS F during the weekday PM peak hour in 2037. As a result, the Environmental Review Committee (ERC) issued two (2) transportation mitigation measures designed to mitigate the project impacts to the Garden Ave N/N Southport Dr intersection. Ex. 36. The proposal has passed the City’s Traffic Concurrency Test per RMC 4-6-070D (Exhibit 23), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, site specific improvements, and 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 PUD and Master Site Plan - 9 future payment of transportation impact fees. The transportation impact fee that is current at the time of building permit issuance would be levied. Transit service to and from The Landing is provided by King County Metro Transit. The public transit stop from the RapidRide F line is at the intersection of N 10th St and Park Ave N. The proposal would not alter current transit services. G. Schools. The proposal provides for adequate and appropriate schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Hazelwood Elementary, Risdon Middle School, and Renton High School (Exhibit 38). Any new students from the proposed development would be bussed to their schools. The bus stop is located approximately 0.07 miles from the project site at Garden Ave N and N 10th Pl. The proposed project includes the installation of frontage improvements along Garden Ave N and N 8th St frontages, including sidewalks. Students would cross Garden Ave N and walk north one street from N 10th St to N 10th Pl using crosswalks and public sidewalks. A School Impact Fee, based on new multi-family units, will be required to mitigate the proposal’s potential impacts to the Renton School District. The school impact fee is calculated and paid at time of building permit issuance. H. Bicycle and Vehicle Parking. Staff has determined that the proposal complies with applicable parking for vehicles and bicycles. As outlined at pages 16-17 of the staff report, parking for the commercial space of the proposal is required with a minimum of 122 spaces and a maximum of 244 spaces. Parking for the residential units is required for a minimum of 1,179 spaces and maximum of 2,063 spaces. The Applicant proposes 1,613 stalls, which complies with the City’s parking requirements. RMC 4-4.080F8d only authorizes tandem parking for single-family detached dwelling units and townhomes. The Applicant is requesting 20 tandem parking stalls per development phase via the PUD process. That modification is approved by this Decision, since the requested modification is limited to less than 4% of proposed parking spaces. A condition of approval requires that the parking garages be limited to a maximum of 20 tandem parking stalls per building, tandem parking shall conform to the tandem parking stall size standards, and a restrictive covenant (or comparable device) shall be used to assign the tandem parking spaces to the exclusive use of specific dwelling units. Enforcement of tandem parking spaces shall be provided by the property manager as appropriate. The proposal involves some long rows of parking, but the majority of the parking is located within parking garages and the outdoor parking is hidden from view. Structured parking is provided within the buildings on multiple levels. Buildings B and C would include two (2) levels of garage parking. A third level of parking is included with Building A to provide the required parking for the proposed retail/grocery-ready space. The parking areas and 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 PUD and Master Site Plan - 10 parking structures are proposed to be set back from the property lines and screened from view. All parking is screened from Garden Ave N by street-facing, pedestrian-oriented uses. The proposal also provides for adequate bicycle parking. Per RMC 4-4-080F.11.a bicycle parking spaces are required to provide one-half (0.5) bicycle parking space per dwelling unit. Commercial uses must provide bicycle parking spaces equal to ten percent (10%) of the number of required off-street vehicle parking spaces. Acceptable parking examples include bike lockers, bike check-in systems, in-building parking, and limited access fenced areas with weather protection. The Applicant is proposing two (2) bicycle storage rooms per building. Phase 1 would require 221 bike parking spaces (210 provided), Phase 2 would require 193 bike parking spaces (228 provided), and Phase 3 would require 197 bike parking spaces (222 provided). Phase 1 includes 2,350 square feet of bike storage on the ground floor and 852 square feet of bike storage on the second floor of the garage. Phase 2 includes two (2) separate bike storage area with a combined area of 3,076 square feet (1,880 sf + 1,196 sf = 3,076 sf). Phase 3 includes two (2) separate bike storage area with a combined area of 3,076 square feet (1,950 sf + 1,227 sf = 3,177 sf). Additional bicycle racks are proposed in the large corner plaza (Exhibit 5). The floor plans provide potential layouts for secure bicycle racks within each bicycle storage room for up to 660 bicycles. In total, the Applicant would be required to provide up to 611 bicycle parking spaces for the combined uses of Phases 1-3 (Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 – 197 spaces). Due to the large number of overall bicycles anticipated, a condition of approval requires that the Applicant provide bike lounge amenity spaces in each building with secure bicycle parking for up to 611 total bicycle parking spaces. Each phase must include the following bicycle stall counts: Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 – 197 spaces. Bicycle parking details shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. I. Loading Areas/Storage/Garbage. The proposal is designed and served by required loading and storage facilities. Storage and garbage enclosures will be located within the buildings. A separate access to the loading and unloading area will be located off the shared north interior access road to serve the retail / grocer within Building A. The loading area would be screened from the public street through building design and a small plaza area with moveable planters, seat wall, enhanced plaza paving, retail tenant furniture, receptable, and a public art element. The size of the loading area, at the north end of Building A, is anticipated to be sufficient in size and location to support the proposed retail / grocer. The site plan provides for ample clear maneuvering area in front of each door (minimum dimensions of 100’ x 35’-6”). Based on the mixed use proposal for 1,179 multi-family residences and 48,761 square feet of retail development, the Applicant is required to provide the following waste deposit and collection areas: a minimum of 1,769 square feet for the residential recyclables deposit areas and 3,537 square feet for residential refuse deposit areas (total residential 5,306 sf); 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 PUD and Master Site Plan - 11 and a minimum of 244 square feet for the retail recyclables deposit areas and 488 square feet for residential refuse deposit areas (total 732 sf of retail). Together the proposed uses would require 6,038 square feet for refuse and recycling. The proposal includes 7,951 square feet of interior refuse and recycle areas within the structured parking garage (Phase 1 – 3,109 sf, Phase 2 – 2,421 sf, and Phase 3 – 2,421 sf) that would be accessed by tenants and residents via stairwells or the elevators. More specifically, Phase 1 would include three (3) separate refuse and recyclable collection rooms on the ground floor (Room 1 – 1,097 sf, Room 2 – 1,193 sf, and Room 3 – 819 sf); Phase 2 would include two (2) separate refuse and recyclable collection rooms on the ground floor (Room 1 – 1,636 sf and Room 2 – 785 sf); and Phase 3 would include two (2) separate refuse and recyclable collection rooms on the ground floor (Room 1 – 1,636 sf and Room 2 – 785 sf). J. Interior Views. Building orientation provides for adequate protection of interior views. The buildings are oriented to have sufficient sun exposure on all sides due to the pedestrian circulation and vehicle access requirements needed around the site. Vehicular entries are situated away from the main pedestrian access points by locating them at the back of the building. Given the location of the site, the best territorial views are towards the north (Lake Washington) and the south (Mt. Rainier), and the best street views are towards the west or Garden Ave N. View enhancements are created through upper level courtyards resulting gathering spaces for residents. K. Landscaping. As conditioned, the proposal will comply with the City’s landscaping standards. The City’s landscape regulations (RMC 4-4-070) require a 10-foot landscape strip along all public street frontages. Minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060. The Applicant submitted a Landscaping Plan with the land use application (Exhibit 5). The preliminary landscape plan illustrates materials and vegetation that would be used to enhance the visual character of the buildings, structured parking, and on-site amenities. The Applicant will be required to submit Detailed Landscape Plans and Irrigation Plans with the civil construction permit submittal that provides location, size, quantity, planting details, and other applicable items as set forth in the RMC 4-8-120 submittal requirements. To ensure the future trees within the street frontage landscape buffer adequately screen the lower-level parking garage facing N 8th St in year 1, a condition of approval requires that the Applicant plant a mixture of larger native evergreen trees, such as Western Red Cedar, Western Hemlock, and Douglas fir no smaller than two-inch (2”) caliper within the street frontage landscape buffer between the parking garage and the back of sidewalk on N 8th St. The Applicant has requested a modification through the PUD process to reduce building setbacks. As a result, no street frontage landscaping would be provided where buildings are located within the required ten feet (10') of on-site street frontage landscaping. However, the Applicant’s conceptual landscaping plan identifies ground level landscaping (where buildings are not located), sidewalks, service road, plaza areas, fencing, seating, furniture, bike racks, tree grates, planters, bioswale, modular wetland system, large rocks, receptables, 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 PUD and Master Site Plan - 12 and public art element throughout. In addition, the Applicant’s conceptual landscaping plan identifies Level 3 and Level 4 landscaping with a terrace and courtyards, included with amenities for plantings. All landscaping, especially the enhanced plaza area, would be used to reduce the aesthetic impact of the proposed structures and interior access roads. The Applicant is proposing to provide new street frontage ROW improvements along Garden Ave N and N 8th St that would include street trees within the eight-foot (8’) wide planting strips or within tree grates. Up to 17 well-branched deciduous canopy trees are anticipated on Garden Ave N and N 8th St each. The existing landscaping onsite includes trees, shrubs, and ground cover. All of the existing vegetation onsite would be removed, as well as some of the trees along the public street frontage at the proposed access driveways on Garden Ave N and N 8th St. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system must provide full water coverage of the planted areas specified on the landscape plan. As a result, a condition of approval requires the Applicant to provide detailed landscape plans and irrigation plans with the construction permit application. L. Lighting. As conditioned, the proposal will conform to the City’s lighting standards. A formal lighting schematic design plan was not included with the application materials. The submitted Landscape Plans (Exhibit 5), include a lighting intent table that wou ld seek to provide safety and security lighting while meeting the standard codes and requirements. The lighting of the overall development is anticipated to be consistent with the building design and should consider pedestrian pathways, sidewalks, parking, and vehicular movement throughout the site. Therefore, a condition of approval requires that the Applicant submit a detailed lighting plan with the civil construction permit and building permit applications that includes detail sheets of all light fixtures and their supports. Fixtures and supports shall be vehicle and pedestrian-scaled and be consistent with the design of the site and provide adequate footcandle illumination for vehicle and pedestrian areas. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Pertinent impacts are addressed individually as follows: A. Critical Areas. The only critical areas found on-site by staff are seismic hazard areas. The project has been adequately mitigated to comply with the City’s critical area standards and is thus found to adequately mitigate against seismic hazards. City of Renton (COR) maps has identified the site is within a High Seismic Hazard Area. In addition, the site includes a piped stream – Johns Creek Piped Stream (Type: Ns - Non- Fish Seasonal). As such, the Applicant submitted a Geotechnical Engineering Services Study, prepared by GeoEngineers, Inc., dated March 10, 2022 (Exhibit 14). The Applicant’s geotechnical engineer completed an evaluation of the site for seismic hazards 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 PUD and Master Site Plan - 13 including liquefaction, lateral spreading, and fault rupture and found that the site has a potential for liquefaction with sandy and low plasticity silt alluvial deposits encountered in explorations completed at the site. The cohesive soils encountered within the alluvium soils may also experience loss of shear strength during seismic loading. Ground settlement resulting from earthquake-induced liquefaction was estimated to be 2 to 10 inches. Based on the presence of the compressible peat and organic silt layers within the upper alluvium, as well as the presence of potentially liquefiable soils, GeoEngineers recommended that the buildings be supported by augercast piles embedded in the lower alluvial deposits. GeoEngineers, Inc. also recommended that their firm be retained to review the project plans and specifications when complete to confirm that its design recommendations have been implemented as intended. The GeoEngineer recommendations are imposed in the DNS issued for the project. Ex. 36. The project site is also crossed by Jones Creek. However, the stream is piped through the project site. No stream buffers are required by the City’s critical area regulations for piped streams. B. Tree Retention. The proposal provides for adequate preservation of trees because it is consistent with the City’s tree retention standards. To establish compliance with the City’s tree retention standards, the Applicant submitted an arborist report, Ex. 6. The report indicated the site contains 83 trees on the project site. Pursuant to RMC 4-4-130H, tree retention standards in commercial zones require a minimum of 30 percent (30%) of the site’s significant trees to be retained during and post development. 20 of the 83 trees on site qualify as significant trees, thus requiring the retention of six trees. The Applicant is not proposing to retain any of the site’s existing trees to reasonably accommodate the proposed new buildings, structured parking, driveways, plaza spaces, and to achieve compliance with minimum density requirements. New tree planting would occur as part of the proposal along the street frontage, around each proposed new building, and within the courtyards and terrace on the upper levels of the new buildings. The proposed new trees would serve as a visual buffer for the proposed structures and shade to users. Utilizing the tree replacement standards of the tree retention ordinance, RMC 4-4-130HIeii. staff have determined that six replacement trees are required for the six removed trees. The landscape plan calls for trees in excess of the six (6) required replacement trees. In addition to tree retention, the Applicant is also required to provide for tree credits at a minimum rate of thirty (30) credits per net acre based on values for existing or new trees as provided in RMC 4-4-130H.1.b.v. Based on the future 10.68-acre lot, the Applicant would need a total of 320 tree credits (30 x 10.68 = 320) to reach the required 30 credits per net acre. The required replacement trees would not contribute to the total tree credits the site is required to contain. Due to the conceptual nature of the submitted landscape plan, a condition of approval requires that the Applicant satisfy the required replacement tree requirements as part of Phase 1 and clearly indicate on the detailed landscape plan 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 PUD and Master Site Plan - 14 how each phase of the plan meets the 30% tree replacement requirement and the minimum rate of 30 credits per net acre requirement. If onsite tree replacement and tree credit requirements are not practical for the site as a whole, then tree fee in lieu payments may be approved for those trees that cannot be accommodated onsite. C. Compatibility. The mixed use proposed use is compatible with the mixed use surrounding uses. To the west is a multi-family apartment complex along with The Landing shopping center. To the east and south are warehouses and Paccar and to the north is Lowes. Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to surrounding development. The size and scale of the proposed buildings are consistent with the abutting development at The Landing (zoned UC-1 and UC-2) and the large scale heavy industrial zoned properties to the south and east. The abutting streets and interior access roads surrounding the proposed buildings offer suitable transition to existing development patterns. Building materials consist of transparent glass, ceramic coated siding, fiber cement panels, flat metal panels, exposed concrete, aluminum panel guardrails, metal awnings, metal sunshades, and perforated metal screens. These materials are consistent with urban development and should not cause excessive light or glare. The large public plaza would create an aesthetically pleasing transition at the Garden Ave N/8th St intersection across from the Target store to the west and perimeter landscaping is provided to the east of the property, at BNSF Railway, to act as a partially sight obscuring vegetation barrier between the east access road and the railroad tracts. Together, all three (3) buildings share a cohesive exterior design strategy using exterior materials, roof design features and architectural elements such as balconies, windows, railings, and canopies. However, there is also significant variation in massing, accent colors, building materials, and façade treatments to add variety along the street frontages. The proposal is also internally compatible. According to the Applicant, the interior layout at the ground level of the buildings is well integrated into the overall site design. Active spaces with primary entries are located along Garden Ave N while parking is located behind with garage entries from the interior access roads. Ground level amenity and lobby spaces with transparent glazing are also located along the pedestrian zones between the buildings to reduce the parking use at ground level and encourage indoor/outdoor connections. The loading area in Phase 1 – Building A is screened from view from the street frontage and is located behind the retail use with access from the onsite road to the north. All solid waste storage and back of house service uses are located within the buildings. Building A (north façade) and Building C (south façade) would be setback from the property lines to allow for ground level landscaping between the building and the roadways. These landscaping areas along the building edge and planting strip and street trees in the ROW are anticipated to soften the building perimeters and mitigate against the mass and 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 PUD and Master Site Plan - 15 scale of the project. In addition, programmed landscaping is incorporated into the pedestrian ‘paseos’, to provide equal or greater advantages to the structured parking uses facing the interior spaces of the development. Finally, the Applicant is proposing perforated metal screening as special detailing material for the openings in the parking garages to further minimize the visibility of parking from the streets and pedestrian spaces for the north and south façades of all buildings. D. Privacy. The proposal provides for adequate privacy for on-site units and those off-site. Residential units would be designed to building code standards for multi-family construction and would face all directions. There are no residential units at grade which eliminates any security or privacy concerns for residents. Residential units on the upper levels have ample sun exposure and separation due to street frontage, access roads with setbacks and pedestrian open space between the buildings. Elevated courtyard spaces, large windows, and/or private exterior spaces would provide each unit with sufficient light and air. As shown in Exhibit 4, the proposal will also not encroach into the privacy of any adjo ining residential uses, as no such uses are located adjacent to the project site or even across an adjoining road. The nearest neighboring residential unis are located kitty corner in the N 10th/Garden Ave N intersection. E. Views. According to the staff report, it is not anticipated that the new buildings would result in substantially obscuring existing views of attractive natural features. The proposed structures would not block view corridors to shorelines or Mt. Rainier. As shown in the Ex. 4 neighborhood detail map, there are no adjoining multi-story uses that would have views to these natural features blocked by the proposed development. F. Noise. The proposal will not create significant noise impacts. Existing noise within the vicinity of the subject site is primarily composed of vehicles on adjacent streets (Garden Ave N, N 8th St, N 10th St, N Southport Dr, Park Ave N, and I-405). Temporary construction noise is anticipated. Based on the provided construction mitigation description the Applicant has indicated that each building construction cycle is anticipated to occur in two (2) year increments: Phase 1 – 2024-205, Phase 2 – 2029-2030, and Phase 3 – 2034- 2035. At this time, the Applicant has indicated that construction work would occur during construction hours (Exhibit 25). Furthermore, the site is surrounded by industrial activity and/or commercial development. Therefore, the incremental temporary noise impacts are anticipated to be minimal and limited in duration. The site layout arranges the buildings for retail visibility toward Garden Ave N, followed by internal privacy and noise reduction between buildings. Once completed, the mixed-use project would provide adequate privacy and noise reductions for the proposed retail and residential uses. 6. Superiority in Design. Provided the recommended conditions of approval are met, the proposed phase development would result in a superior design then what would be permitted by the strict 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 PUD and Master Site Plan - 16 application of the Development Standards. The proposed redevelopment of the property would provide multiple plaza areas and pedestrian ‘paseos’ with significant landscaping and street furniture linking the development to Garden Ave N and other development in and around The Landing. The integration of public plaza spaces, informal spaces and leisure spaces along the west street frontage and between the building’s open spaces would offer a wide range of flexible activities that would cater to varying scales of social gatherings throughout the day (Exhibit 40). In addition, the project improvements would provide an enhanced pedestrian experience atypical to standard interior access roads. The proposed open space and recreation areas would exceed the space requirements and their locations – at-grade or interior would provide multiple entertainment opportunities. The addition of a retail/grocery-ready space adds the missing component of the area. 7. Public Benefit. The proposal provides for numerous public benefits as outlined in Finding 26 of the staff report. CONCLUSIONS OF LAW Procedural: 1. Authority. RMC 4-8-080 classifies preliminary PUD applications and overall master site plan applications as Type III permits that are subject to hearing examiner hearings and approval, subject to appeal to the City Council. Substantive: 2. Zoning/Comprehensive Plan Decisions. The project site is zoned Urban Center-2 (UC-2), Urban Design District ‘C’ and has a comprehensive plan land use designation of Commercial & Mixed Use (CMU). 3. Review Criteria. RMC 4-9-150 governs preliminary PUD review criteria and RMC 4-9-200€ governs master site plan review criteria. Applicable criteria are quoted below in italics and applied through corresponding conclusions of law. PRELIMINARY PUD RMC 4-9-150(B)(2) and (3): Code Provisions That May Be Modified: a. In approving a planned urban development, the City may modify any of the standards of chapter 4- 2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. b. An Applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. 4. As shown in Finding of Fact No. 3, the requested revisions are limited to the regulations authorized above, except for the private open space requirements of RMC 4-9-150(E)(2). However, RMC 4-9-150(E)(2) itself provides that “[t]he minimum dimensional standards of this Section may be modified through the planned urban development review process; provided, that the minimum area requirement is maintained.” Since modifications to private open space are limited to 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 PUD and Master Site Plan - 17 dimensions and minimum required area is maintained, the private open space modifications are also appropriately subject to modification in this PUD review. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is following the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would r esult without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 5. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A), are to preserve and protect the natural features of the land and to encourage innovation and creativity in development of residential uses. There are no natural features at the project site in need of protection, except for steep slopes that as conditioned will be protected as required by the City’s critical areas ordinance. More importantly, the proposal succeeds in innovative and creative design for the reasons identified in Finding of Fact No. 6 and 7. As determined in Finding of Fact No. 5, the proposal will not create any significant adverse impacts, so it will not be unduly detrimental to surrounding properties. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development. d. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following: ... 6. The proposal provides for public benefit for the elements quoted above as determined in Finding of Fact No. 7. 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 PUD and Master Site Plan - 18 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. 7. The criterion is met for the reasons identified at Finding of Fact No. 5(C). RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: … ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, townhouses, flats, etc. 8. The criterion is met for the reasons identified in Finding of Fact No. 5(C). RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access 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 PUD and Master Site Plan - 19 and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. 9. The proposal provides for adequate streets and pedestrian facilities as determined in Finding of Fact No. 4E and 4F. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. 10. The proposal meets this requirement as determined in Finding of Fact No. 4E and 4F. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. 11. The proposal meets this requirement as determined in Finding of Fact No. 4E, 4F and 4G. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 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 PUD and Master Site Plan - 20 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iv. Provides safe, efficient access for emergency vehicles. 12. The proposal provides for safe and efficient access for emergency vehicles as determined in Finding of Fact No. 4F. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. 13. As determined in Finding of Fact No. 4, the proposal is served by sufficient public infrastructure and services to serve the development. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and with well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. 14. The criterion is met for the reasons identified in Finding of Fact No. 4D and 5C. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 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 PUD and Master Site Plan - 21 … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. 15. The criterion is met for the reasons identified in Finding of Fact No. 5D. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. 16. The criterion is met for the reasons identified in Finding of Fact No. 4J. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … g. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. 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 PUD and Master Site Plan - 22 17. The criterion is met. As outlined in Finding of Fact No. 4H, the proposal does include some long rows of parking, however a small minority of such parking is located out in the open. As further identified in Finding of Fact No. 4H, the majority of parking is located within parking garages and the parking located outdoors is hidden from view by buildings and landscaping. Given the design features hiding the parking from public view, the criterion above requiring minimization of outdoor parking areas is met. RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section. 18. As discussed below, the proposal complies with all development standards imposed by RMC 4-9-150(E). The proposal is compliant with the standards of the underlying UC-2 zone for the reasons identified in Finding of Fact No. 21 of the staff report and the requirements of the Design District C for the reasons identified in Finding of Fact No. 22. RMC 4-9-150(E)(1): b. Mixed Use – Residential Portions: Subsections E1bi to v of this Section specify common open space standards for the residential portions of mixed use developments. i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Hearing Examiner. The required common open space shall be satisfied with one or more of the elements listed below. The Hearing Examiner may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children’s play spaces…. c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to nonresidential portions of mixed use developments or to single use commercial or industrial developments: 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 PUD and Master Site Plan - 23 i. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space according to the following formula: 1% of the lot area + 1% of the building area = Minimum amount of pedestrian-oriented space…. 19. The criterion is met. The code required minimum open space to be provided for 1,179 dwelling units is 58,950 square feet (50 SF x 1,179 units = 58,950 SF). As outlined in Finding of Fact No. 4D, the Applicant proposes 91,653 square feet of open space, with an excess of 32,703 square feet to meet the open space requirements of the nonresidential portions of the proposal. The lot area of the project at 11.5 acres is 500,940 square feet. The total building area of the project site is 1,870,583 square feet. 1% of the lot area plus total building area is 23,715 square feet, which is less than the excess 32,703 square feet exceeding the open space allotted to the proposed residential use. The allocation of open space as discussed in more detail in Finding of Fact No. 4D is found to comply with the type of open space required by the criterion quoted above. RMC 4-9-150(E)(2): Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space sha ll be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5'). … The minimum dimensional standards of this Section may be modified through the planned urban development review process; provided, that the minimum area requirement is maintained. 20. The criterion is met for the reasons identified in Finding of Fact No. 4D. RMC 4-9-150(E)(3): Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the Applicants and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 21. As Conditioned. RMC 4-9-150(E)(4): Installation and Maintenance of Common 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 PUD and Master Site Plan - 24 a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060… b. 22. Not applicable. No dedication of common facilities is proposed. All common facilities would be required to be maintained by the property owner in accordance with RMC 4-9-150E.4. Master 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). 23. The criterion is met. As shown in application of the master plan criteria below, the level of detail of master plan review is evaluated for general compliance to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the site plan criteria. 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. 24. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in Finding No. 20 of the staff report. The proposal is consistent with the zoning code as outlined in Finding No. 21 of the staff report. The proposal is located in Design District “C” and consistent with Design District “C” development standards as outlined in Finding No. 22 of the staff report. Staff have not identified any development agreement or planned action that applies to the project. 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 PUD and Master Site Plan - 25 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. 25. 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(C), circulation by FOF 4(E) and (F), loading and storage areas by FOF 4(I), views by FOF 5(E), landscaping by FOF No. 4K and lighting by FOF 4(L). 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. 26. 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(F). Extensive landscaping is provided for the project as described in FOF No. 4(K) and this landscaping will serve to provide shade and privacy and generally improve upon aesthetics as required by the criterion quoted above. The project provides for adequate vegetative retention by complying with the City’s tree retention standards as addressed in FOF No. 5(B). Beyond tree retention, there are no other natural features in need of protection at the project site, since there are no critical areas located at the project site as determined in FOF No. 5(A). 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 PUD and Master Site Plan - 26 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. 27. The criterion is met. Site access is well consolidated as outlined in FOF No. 4F. Given the large scale of the proposal and its very limited access to minor arterials, the proposal is found to comply with the access requirements in the criterion quoted above. The proposal provides for safe and efficient internal vehicle and pedestrian circulation and connections for the reasons identified in FOF No. 4E and F. Loading and delivery are separated as required above as identified in FOF No. 4I. The proposal provides for adequate bicycle amenities as determined in FOF No. 4H. The proposal is adequately served by transit as described in FOF No. 4F. 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. 28. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in FOF 4(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. 29. The criterion is met. The proposal does not block any view or physical corridors to Mr. Rainier or shorelines as determined in FOF No. 5(E). RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 30. The criterion is met. As determined in Finding of Fact No. 5(A), there are no natural systems at the project site – the project site has no critical areas and almost the entire site is currently paved. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 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 PUD and Master Site Plan - 27 31. The criterion is met. 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. 32. The criterion is met. As conditioned, the proposal will follow a detailed sequencing plan for phased construction as identified in Finding of Fact No. 3 and required by the criterion quoted above. DECISION The proposed preliminary PUD and master plan applications as depicted in the admitted exhibits are APPROVED subject to the following conditions of approval: 1. The Applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance - Mitigated, dated April 18, 2023: a. The project construction shall comply with the recommendations found in the submitted Geotechnical Engineering Services Study, prepared by GeoEngineers, Inc., dated March 10, 2022 and any future addenda. b. The Applicant’s geotechnical engineer shall review the project’s construction and building permit plans to verify compliance with the geotechnical report(s). The geotechnical engineer shall submit a sealed letter or memo stating that he/she has reviewed the construction and building permit plans and in their opinion the plans and specifications meet the intent of the report(s). c. The Applicant shall submit a Monitoring & Inadvertent Discoveries Plan prepared by a qualified professional with the civil construction permit for review and approval by the Current Planning Project Manager prior to permit issuance. Consultation with concerned Tribes shall occur prior to any archaeological work or monitoring. d. The Applicant shall fully fund the Adaptive Signal Control Technology (ASCT) Split Cycle Offset Optimization Technique (SCOOT) at the Garden Ave N/N Southport Dr intersection. In addition, the Applicant shall submit an updated Traffic Impact Analysis with each phase to determine the point at which the Garden Ave N/N Southport Dr intersection would operate at LOS F during the PM peak hour, and when to install, configure, and operate the SCOOT system. e. The Applicant shall prepare final Transportation Management Plans that include project specific elements for Phases 1-3. Each Transportation Management Plan, one for each phase of the development, shall be submitted to and approved by the Current Planning Project Manager prior to building permit issuance. 2. The Applicant shall demonstrate compliance with all airport -related height and use restrictions prior to construction/building permit approval or receive approval from the Federal Aviation Administration (FAA) to exceed Part 77 Horizontal Surface Height Limits. 3. The Applicant shall plant a mixture of larger native evergreen trees, such as Western Red Cedar, Western Hemlock, and Douglas fir no smaller than two-inch (2”) caliper within the street frontage landscape buffer between the parking garage and the back of sidewalk on N 8th St. The larger stature tree species shall be included on the detailed landscaping plans to be submitted with the civil construction permit application. The tree species and spacing shall be 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 PUD and Master Site Plan - 28 reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. 4. The Applicant shall be required to provide detailed landscape plans and irrigation plans with the construction permit application. The detailed landscape plans and irrigation plans shall be provided to, and approved by, the Current Planning Project Manager prior to construction permit issuance. 5. The Applicant shall clearly indicate on the detailed landscape plan how the plan meets the 30% tree replacement requirement and the minimum rate of 30 credits per net acre requirement. If onsite tree replacement and tree credit requirements are not practical, then tree fee in lieu payments may be approved for those trees that cannot be accommodated onsite. The detailed landscape plans shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 6. The Applicant shall provide a materials board and a rooftop equipment exhibit with the elevation plans associated with the building permit application to further identify the screening detail for any rooftop equipment. The exhibit shall provide cross section details and identify proposed rooftop screening that is integral and complementary to the architecture of the buildings. The materials board and rooftop equipment exhibit shall be provided to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The Applicant shall provide a special utility and landscape plan set with the construction permit showing the location of all ground mounted utility boxes and identify how they would be screened from public view. In addition, the Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out of public right-of-way view, outdoor plaza areas, and primary entry areas, and they shall not displace required landscaping areas. The special utility and landscape plan set shall be provided to, and approved by, the Current Planning Project Manager prior to construction permit approval. 8. Parking garages be limited to a maximum of 20 tandem parking stalls per building, tandem parking shall conform to the tandem parking stall size standards, and a restrictive covenant (or comparable device) shall be used to assign the tandem parking spaces to the exclusive use of specific dwelling units. Enforcement of tandem parking spaces shall be provided by the property owner or property manager as appropriate. 9. The Applicant shall provide a detailed refuse and recycling collection plan. The final detailed plan shall also be provided to the City’s contracted refuse and recycling hauler (currently Republic Services) with any correspondence to and from the hauler provided to the Current Planning Project Manager. 10. The Applicant shall provide bike lounge amenity spaces in each building with secure bicycle parking for up to 611 total bicycle parking spaces. Each phase shall include the following bicycle stall counts: Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 – 197 spaces. Bicycle parking details shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 11. The Applicant shall include a fence specifications sheet in the detailed landscaping plans to be submitted with the civil construction permit application. The quality and design of the fencing materials shall be commensurate to the exterior materials of the buildings. All fences on the detailed landscape plans shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 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 PUD and Master Site Plan - 29 12. The Applicant shall submit a detailed entrance plan that includes specifications and a materials board for pedestrian amenities that add to the pedestrian experience and the human scale intended for the development. A revised detailed entrance plan and materials board shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 13. The Applicant shall provide at least one (1) visibly prominent architectural feature that offers weather protection to each parking garage and loading dock entrance. The revised architectural exterior elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 14. The Applicant shall provide a minimum of two (2) distinct exterior vertical gardens along the south elevation of Building C on N 8th St. The Applicant shall submit a vertical garden wall detail with the final landscape plan for review and approval by the Current Planning Project Manager prior to issuance of the civil construction permit. 15. The Applicant shall submit detail sheets and quantities of all fixed outdoor site furniture and amenities including, but not limited to, benches, group seating, refuse and recycling, pet relief areas/disposal, movable platers, and outdoor recreation equipment. The detail sheets and quantities shall be integrated into the detailed landscape plan submitted with the civil construction permit to be reviewed and approved by the Current Planning Project Manager. 16. The Applicant shall submit revised east building elevations that include concrete wall enhancements. The revised building elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit issuance. 17. The Applicant shall submit an overall sign design package for review and approval by the Current Planning Project Manager prior to the approval of any sign permit for the project. 18. The Applicant shall submit a detailed lighting plan with the civil construction permit and building permit applications that includes detail sheets of all light fixtures and their supports. Fixtures and supports shall be pedestrian-scaled and be consistent with the design of the site and provide adequate footcandle illumination for vehicle and pedestrian areas. The detailed lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 19. The Applicant shall provide building floor plans with details for ADA compliant bathrooms, central pluming drain line, and a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust at the time of Building Permit review for review and appr oval by the Current Planning Project Manager. 20. The Applicant shall construct the new retail driveway access from Garden Ave N as a living street. At a minimum, the living street shall contain landscaping, pedestrian lighting, and alternative paving materials on walkway and driving surfaces. The living street detail shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit issuance. 21. No additional driveway access points shall be permitted on N 8th St prior to civil construction permit approval for Phase 3 improvements. 22. The Applicant shall submit Final Planned Urban Development (FPUD) applications for each project phase as follows: Phase 1 in 2024, Phase 2 in 2029, and Phase 3 in 2034. 23. The Applicant shall record a public access easement across the accessible areas of the pedestrian oriented urban plaza at the southwest corner of the property. Draft easement 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 PUD and Master Site Plan - 30 documents shall be reviewed and approved by the Current Planning Project Manager prior to temporary occupancy of Phase 3. 24. The Applicant shall submit a revised floor plan with the Final Planned Urban Development (FPUD) application that provides usable private open space for each residential unit, such as individual climate-controlled storage closets totaling at least 60 square feet in size with no dimension less than five feet (5') for each unit (or equivalent private open space) so long as the minimum area requirement is maintained. The revised detailed floor plan shall be submitted to, and approved by, the Current Planning Project Manager prior to FPUD approval. 25. All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the Applicants and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. DATED this 30th day of May, 2023. City of Renton Hearing Examiner Appeal Right and Valuation Notices 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 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: 800 Garden Project Number: LUA22-000415, ECF, SA-M, PPUD Date of Meeting May 16, 2023 Staff Contact Clark H. Close Principal Planner Project Contact/Applicant Archana Iyengar Carrier Johnson + Culture 1932 1st Ave, Seattle, WA 98101 Project Location 800 Garden Ave N, Renton, WA 98057 (APN 0823059217) The following exhibits are included with the Hearing Examiner Decision: Exhibits 1-34: As shown in the Environmental Review Committee (ERC) Report Exhibits 35-40: As shown in the Staff Report to the Hearing Examiner Exhibit 41: Staff PowerPoint Exhibit 42: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps Exhibit 43: Google Earth, https://www.google.com/earth/