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HomeMy WebLinkAboutD_Admin_Report_Variance_LUA23-000221_230807_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin_Report_Variance_LUA23-000221_230807_v1 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: August 8, 2023 Project File Number: PR22-000019 Project Name: Kennydale Gateway Building 1 Freeway Frontage Setback Variance Land Use File Number: LUA23-000221, V-A Project Manager: Clark H. Close, Principal Planner Owner: Kennydale Gateway LLC, 505 5th Ave S, Suite 900, Seattle, WA 98104 Applicant/Contact: Lori Obeyesekere, Hensley Lamkin Rachel, Inc., 14881 Quorum Dr, Dallas, TX 75254 Project Location: 4350 Lake Washington Blvd N, Renton, WA 98056 (APN 3224059049) Project Summary: The applicant is requesting approval of an Administrative Variance from the provisions of the Renton Municipal Code (RMC) regulating freeway frontage setbacks for Building 1 of the Kennydale Gateway project (LUA22-000011). The parcel is located along Interstate 405 (I-405) at 4350 Lake Washington Blvd N and is in the Commercial Office Residential (COR) zone. The COR zone requires a minimum 10- foot freeway frontage landscaped setback of the property line. The applicant is requesting a variance to allow a portion of the proposed structure to encroach to within approximately 1’-8 5/8” of the east property line that runs along I-405. The purpose of the variance is to allow the applicant to retain the project density and distinct gateway features of Building 1 – a four-story building consisting of approximately 100 wood-framed apartments over an at-grade concrete parking garage. Vehicular access to the property is proposed via Lake Washington Blvd N via a new roundabout at N 43rd St. The City’s mapping system has identified the subject property is within the Shoreline High-Intensity May Creek Reach B designation, Flood Hazard Area, and Seismic Hazard Area. A geotechnical report was submitted with the project application. Site Area: 7.18 acres N 42nd Pl Jones Ave NE NE 43rd St I-405 Lake Washington DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 2 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Unit Plan Exhibit 4: Civil Grading Control Plans Exhibit 5: Geotechnical Engineering Design Study, prepared by Hart Crowser, a division of Haley & Aldrich, dated May 20, 2021 Exhibit 6: Project Variance Narrative Exhibit 7: Variance Request Justification Exhibit 8: Architecture Schematic Design Elevations Exhibit 9: Architecture Renderings Exhibit 10: SEPA Determination and Notice (LUA22-000011) Exhibit 11: Hearing Examiner Decision for Kennydale Gateway (LUA22-000011) C. GENERAL INFORMATION: 1. Owner(s) of Record: Kennydale Gateway LLC, 505 5th Ave S, Suite 900, Seattle, WA 98104 2. Zoning Classification: Commercial Office Residential (COR) Urban Design District C 3. Comprehensive Plan Land Use Designation: Commercial Office Residential (COR) 4. Existing Site Use: Laydown yard and a staging area for construction equipment and materials for the Washington State Department of Transportation (WSDOT) I-405, Renton to Bellevue Widening and Express Toll Lanes project. 5. Critical Areas: Shoreline High-Intensity May Creek Reach B Designation, Flood Hazard Area, and Seismic Hazard Area 6. Neighborhood Characteristics: a. North: I-405 Limited Access Right-of-Way b. East: I-405 Limited Access Right-of-Way c. South: City of Renton - May Creek Trail Park. Residential Medium Density (RMD) Comprehensive Plan Designation; Residential-6 (R-6) Zoning District d. West: Barbee Mill and Quendall Terminals (vacant property). Commercial Office Residential (COR) and Residential High Density (RHD) Comprehensive Plan Designations; Commercial Office Residential (COR) and Residential-10 (R-10) Zoning Districts 7. Site Area: 7.18 acres DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 3 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation (Friends of Youth) N/A 1791 09/09/1959 Hubbard Rezone/CPA from IM to COR (Pan Abode Amendment) LUA95-049 4745 10/05/1998 Master Site Plan Review and Site Plan Review (Hawk’s Landing) LUA09-060 N/A 09/10/2009 Temporary Use Permit (Parking for Seattle Seahawks Training Camp) LUA09-080 N/A 07/27/2009 Shoreline Substantial Development Permit (Installation of water and storm lines) LUA10-041 N/A 08/09/2010 Temporary Use Permit (Parking for Seattle Seahawks Training Camp) LUA15-000456 N/A 07/19/2015 SEPA Environmental Review (Non-Project – Pan Abode Partial Demolition) LUA18-000042 N/A 02/12/2018 Tier II Temporary Use Permit and SEPA Environmental Review (Flatiron-Lane JV Field Office Trailer Rental / Laydown Area Project) LUA19-000318 N/A 04/24/2020 Master Site Plan, Site Plan, Shoreline Substantial Development Permit, and Street Modification (Kennydale Gateway) LUA22-000011 N/A 02/09/2023 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 4 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 b. Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-100: Urban Design Regulations 3. Chapter 4 City-Wide Property Development Standards 4. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 5. Chapter 11 Definitions F. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on July 3, 2023 and determined the application complete on July 5, 2023. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-9). 3. The project site is located 4350 Lake Washington Blvd N, Renton, WA 98056 (APN 3224059049). 4. The project site is currently developed with light industrial buildings, stormwater ditch, surface parking, and pockets of vegetation. 5. Access to the site would be provided via a new roundabout at the intersection of Lake Washington Blvd N and N 43rd St (Exhibit 4). 6. The property is located within the Commercial Office Residential (COR) Comprehensive Plan land use designation. The project complies with the goals and policies of this Comprehensive Plan land use designation. Compliance Comprehensive Plan Analysis ✓ Goal L-H: Plan for high-quality residential growth that supports transit by providing urban densities, promotes efficient land utilization, promotes good health and physical activity, builds social connections, and creates stable neighborhoods by incorporating both built amenities and natural features. ✓ Goal L-I: Utilize multiple strategies to accommodate residential growth, including: • Infill development on vacant and underutilized land in established neighborhoods and multi-family areas. ✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive. ✓ Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. ✓ Policy L-48: Address privacy and quality of life for existing residents by considering scale and context in infill project design. ✓ Policy L-50: Respond to specific site conditions such as topography, natural features, and solar access to encourage energy savings and recognize the unique features of the site through the design of subdivisions and new buildings. DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 5 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 ✓ Policy L-54: Protect public scenic views and public view corridors, including Renton’s physical, visual and perceptual linkages to Lake Washington and the Cedar River. ✓ Policy L-56: Complement the built environment with landscaping using native, naturalized, and ornamental plantings that are appropriate for the situation and circumstance and provide for respite, recreation, and sun/shade. 7. The site is located within the Commercial Office Residential (COR) zoning classification. 8. There are approximately 62 trees located on-site, of which the applicant is proposing to retain a total of six (6) trees (Exhibit 11). 9. The site is mapped with Shoreline High-Intensity May Creek Reach B Designation and Seismic Hazard Area. 10. The applicant is proposing to begin site preparation and construction in 2023 with initial project occupancy occurring by the end of 2024. The proposed Kennydale Gateway project is expected to be fully completed and occupied in 2025. 11. The following variances to Renton Municipal Code (RMC) 4-2-120B have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-2-120B Development Standards for Commercial Zoning Designations Minimum Freeway Frontage Setback - 10 ft. landscaped setback from the property line. Administrative variance from the required 10-foot minimum landscaped freeway frontage setback from I-405. Specifically, the applicant is proposing an approximately 1’-8 5/8” building setback at the northeast corner of Building 1 from the east property line. 12. Staff received no public or agency comments. 13. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 14. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance Critical Areas Analysis Compliant if condition of approval is met Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: The applicant submitted a Geotechnical Engineering Design Study, prepared by Hart Crowser, a division of Haley & Aldrich, dated May 20, 2021 (Exhibit 5), with the mater land use application. According to the Study, the soft to medium stiff fine-grained and loose to medium dense granular near -surface soils at this site are compressible/potentially liquefiable and not generally considered suitable to directly support shallow building foundations. As a result, the geotechnical engineer is DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 6 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 recommending the multi-story building foundations and floor slabs are supported either on deep pile foundations bearing in the non -liquefiable, denser sand layer at depth, or on shallow foundations bearing on ground improvement (GI) subgrade soils. The geotechnical engineer further recommends 16- to 18-inch-diameter augercast (AC) piles (or larger diameter) as the most suitable and cost-effective deep foundation system for this project. Close monitoring and testing by experienced geotechnical personnel were recommended by the geotechnical engineer and the future performance and integrity of the structural elements of the project depend largely on proper construction procedures. City of Renton (COR) mapping indicates the site is located in a high seismic hazard area. The seismicity of western Washington is dominated by the Cascadia Subduction Zone, in which the offshore Juan de Fuca plate is subducting beneath th e continental North American plate. The project site is located within less than a mile of the mapped Class A Seattle Fault Zone which runs roughly in a northwest to southeast direction through the southern end of Mercer Island (USGS Interactive Fault Map). Because of the relatively close distance from this fault zone, there is a potential of surface rupturing at the project site. The geotechnical engineer found the project site to be classified with a relatively low risk of surface damage from potential rupturing given the distance to the mapped fault and the significant amount of sediment underlying the site (at least 75 feet, based on explorations). As a result, the relatively thick sediment layer would tend to reduce the potential surface impact of possible bedrock rupturing at depth. The geotechnical engineer indicated that significant portions of the soft fine -grained soils and loose to medium-dense sandy soils in the upper 15 to 25 feet bgs are susceptible to liquefaction during the anticipated design earthquake event. In addition, the geotechnical engineer found that because the current and planned development is relatively level and not near a steep slope, the risk of potential lateral spreading is considered very low at this site. Due to the above-referenced potential for seismic induced geotechnical hazards in a seismically active area generally including surface fault rupture, soil liquefaction, and lateral spreading the geotechnical engineer has recommended the use of AC piles as the most suitable and cost-effective deep foundation system for this project. As part of the Master Site Plan Review, the Environmental Review Committee (ERC) issued two (2) geotechnical mitigation measures to mitigate the potential for seismic induced geotechnical hazards (Exhibit 10). As a result, project construction would be required to comply with recommendations found in the Geotechnical Engineering Design Study and any future addenda. The applicant’s geotechnical engineer would review the project’s construction and building permit plans to verify compliance with the geotechnical report(s) and would provide a sealed letter 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). Compliant if condition of approval is met Streams: The following buffer requirements are applicable to streams in accordance with RMC 4-3-050G.2: Type S waters inventoried as “Shorelines of the State” under chapter 90.58 RCW are regulated under Renton’s Shoreline Master Program Regulations, RMC 4-3-090. Type F streams require a 115-foot buffer, Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot buffer. An additional 15-foot building setback is required from the edge of all stream buffer areas. Staff Comment: The proposed development borders May Creek Trail Park along the south property line that includes May Creek. May Creek is identified as a shoreline of DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 7 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 the state and a portion of the Residential Development would occur within the 200-foot shoreline zone of May Creek. The applicant is proposing to construct Building 1 outside May Creek’s Ordinary High Water Mark (OHWM). The boundary of a stream is considered to be its ordinary high water mark. The SMP environmental designation assigned to the subject property is Shoreline High Intensity and it is located in the May Creek Reach B (MC-B) and May Creek has a 100-foot vegetation conservation buffer for uses not designated single family residential. Full sta ndard native vegetation buffers are required to be provided with development of this property. In addition, public access should be provided from a trail parallel to the water along the entire property with controlled public access to the water, and goals of preservation and enhancement of ecological functions. As a result, the Environmental Review Committee (ERC) issued mitigation measures during Master Site Plan Review to improve May Creek Reach B’s native vegetation conservation buffer by completing a sh oreline buffer enhancement plan within the conservation buffer near the southwestern portion of the site, removing non-native invasive blackberry plants along the south property line, and providing an aligned trail access point along the south property line that connects to the existing May Creek Trail located in the May Creek Trail Park property . ✓ Wetlands: The following buffer requirements are applicable to wetlands in accordance with RMC 4-3-050G.2: Wetland Category Buffer Width Structure Setback beyond buffer High Habitat Function (8-9 points) Moderate Habitat Function (5-7 points) Low Habitat Function (3-4 points) All Other Scores 15 ft. Category I – Bogs & Natural Heritage Wetlands 200 ft. Category I – All Others 200 ft. 150 ft. 115 ft. 115 ft. Category II 175 ft. 150 ft. 100 ft. n/a Category III 125 ft. 100 ft. 75 ft. n/a Category IV 50 ft. n/a Staff Comment: One Category III wetland was identified and delineated on the May Creek Trail Park property adjacent to the south side of the project site during Master Site Plan Review (LUA22-000011). The offsite Category III wetland was determined to have a 75-foot buffer with moderate habitat function and does not extend onto the subject property. DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 8 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 ✓ Flood Hazard Area: Staff Comment: The City’s mapping system has identified the subject property is within a Flood Hazard Area. As provided in the Critical Areas Report with the Master Site Plan Application (LUA22-000011), the Survey Flood Hazard Data and Boundary & Topographic Survey a Letter of Map Amendment (LOMA) Determination Document (Removal) was issued by the Federal Emergency Management Agency on May 22, 2012 that removed the project site from the special flood hazard area. The property’s 2012 LOMA (Case No. 12-10-1006X) was determined to still be valid as of August 19, 2022 when the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issued new or revised Flood Insurance Rate Map (FIRM) panels. The applicant’s proposal would maintain a minimum 100-foot building setback for all structures from May Creek’s OHWM. Within the shoreline buffer area, the applicant has proposed pedestrian access amenities. 15. Variance Analysis: The applicant is requesting a variance to allow a portion of Building 1 to encroach to within approximately 1’-8 5/8” of the east property line that runs along I-405. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250B.5. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: The applicant contends that practical difficulty is posed by the location and surroundings of the subject property adjacent to I-405. For example, the 7.18-acre project site shares an approximately 713’-0” property length with the I-405 frontage. In addition, the applicant contends that due to the I-405, Renton to Bellevue Widening and Express Toll Lanes project’s 20’ tall buffer wall, strict application of the freeway frontage setback would unnecessarily reduce the number of units that can be built on this site and would result in a canyon along the freeway wall. The applicant further maintains that the current design allows for maximum density on the project and revising the design would result in a loss of density. Finally, the applicant contends that the freeway travel lanes proximity to the property line provides more than 10’-0” of separation from the actual freeway onramp or more than 88 feet of separation from the property line to the existing southbound freeway (Exhibits 6 and 7). Staff has reviewed the proposed variance request and concurs that strict adherence to the minimum 10-foot landscaped freeway frontage setback from the property line may cause unnecessary hardship and the variance is the necessary to protect the project’s design and density. Ongoing construction improvements to I-405 at Lake Washington Blvd N/NE 44th St by WSDOT would include a 20-foot-tall buffer wall that would be approximately 13’-8 5/8” from proposed Building 1. This would result in the appearance of an adequate building setback from the I-405 freeway northbound onramp. Therefore, staff agrees that by allowing a small portion of Building 1 (northeast corner) to encroach DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 9 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 into the freeway setback that the setback variance would achieve the developer’s purpose of superior design without reducing unit counts. Compliant if condition of approval is met b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant contends that by granting the variance it would not be materially detrimental to the public, the project, property or improvements in the vicinity, or the future tenants living here. According to the applicant, the proposed design allows for maximizing housing density on the site without impacting public welfare or other buildings/improvements in the area. In addition, the applicant contends that if required to maintain the 10’-0” landscape buffer from the east property line six (6) units and a portion of Building 1 that has distinct gateway features would be impacted and that fewer units from the existing code-compliant design would be a detriment to the City of Renton. The applicant maintains that Buildings 1-3, along with the entire site provide adequate landscape buffers with substantial planting to enhance the project. In addition to substantial landscaping, the applicant is proposing to provide air conditioning within the units located within the 10-foot freeway frontage setback in order to eliminate the need to the open windows for air. Finally, the applicant is proposing acoustical testing be performed on the project, triple pane windows, and noise dampening materials be provided to mitigate noise as needed. Staff has reviewed the applicant’s justifications and finds that the proposed Building 1 setbacks would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on the site and neighborhood characteristics. In addition, the granting of the setback variance would not have a negative visual impact on the surrounding property owners . To mitigate any potential impacts created by locating up to six (6) units within the minimum 10-foot freeway frontage setback, staff is recommending as a condition of approval that the applicant provide air conditioning, triple pane windows, and noise dampening materials for all units located within the 10-foot freeway frontage setback. A written narrative of the equipment and materials selected shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. ✓ c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: The applicant contends that the approval of the variance would not be considered a special privilege inconsistent with the limitation upon uses of other properties in the vicinity. In addition, the applicant contends that the setback reduction would be imperceivable from surrounding properties due to WSDOT’s planned 20’-0” buffer wall and the actual distance of the freeway to the property at this location (Exhibits 3, 8, and 9). Staff has reviewed the applicant’s justifications and concurs that the granting of the variance would not constitute a grant of special privi lege inconsistent with other properties in the vicinity and under the same zoning designation. The granting of this variance would allow the applicant to maintain an adequate distance from the abutting freeway onramps and travel lanes. ✓ d. That the approval is a minimum variance that will accomplish the desired purpose. DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 10 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 Staff Comment: The applicant contends that the variance request is the minimum variance that would accomplish the desired purpose. In addition, the applicant contends that the design has been carefully curated to address the site conditions to the maximum extent feasible. Moreover, the current design appropriately responds to the unique site conditions, while contributing housing to the city and providing excellent design. Finally, the applicant maintains that the setback variance meets the variance criteria in the code and provides a better overall project. Staff has reviewed the variance request and concludes that the proposed freeway frontage setback encroachment would be the minimum required in order to meet the overall goals of the mixed use development envisioned in the COR Zone. Furthermore, each building has a unique setback, façade, building footprint, or shape to provide visual interest or break up the building massing. Therefore, the proposed Building 1 setbacks were found to be the minimum size necessary to achieve the desired purpose of the project. G. CONCLUSIONS: 1. The subject site is located in the Commercial Office Residential (COR) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 6. 2. The subject site is located at 4350 Lake Washington Blvd N and is in the Commercial Office Residential (COR) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 7. 3. The proposed variance application complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 14. 4. The requested variance meets the four (4) criteria to be considered in making a decision on a variance request as specified in RMC 4-9-250B.5. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 15. H. DECISION: The Kennydale Gateway Building 1 Freeway Frontage Setback Variance , File No. LUA23-000221, V-A, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall comply with the conditions issued as part of the Hearing Examiner Decision for Kennydale Gateway (LUA22-000011). 2. The applicant shall provide air conditioning, triple pane windows, and noise dampening materials for all units located within the 10-foot freeway frontage setback. A written narrative of the equipment and materials selected shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matt Herrera, Acting Planning Director Date DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 8/7/2023 | 6:40 PM PDT City of Renton Department of Community & Economic Development Kennydale Gateway Building 1 Freeway Frontage Setback Variance Administrative Report & Decision LUA23-000221, V-A Report of August 8, 2023 Page 11 of 11 D_Admin_Report_Variance_LUA23-000221_230807_v1 TRANSMITTED on August 8, 2023 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Kennydale Gateway LLC 505 5th Ave S, Suite 900 Seattle, WA 98104 Lori Obeyesekere Hensley Lamkin Rachel, Inc. 14881 Quorum Dr Dallas, TX 75254 TRANSMITTED on August 8, 2023 to the Parties of Record: None. TRANSMITTED on August 8, 2023 to the following: Vanessa Dolbee, Interim CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Angie Mathias, Long Range Planning Manager Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal I. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 22, 2023. An appeal of the decision must be filed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresenta tion of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing . Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Kennydale Gateway Building 1 Freeway Frontage Setback Variance Land Use File Number: LUA23-000221, V-A Date of Report August 8, 2023 Staff Contact Clark H. Close Principal Planner Project Contact/Applicant Lori Obeyesekere Hensley Lamkin Rachel, Inc. 14881 Quorum Dr, Dallas, TX 75254 Project Location 4350 Lake Washington Blvd N, Renton, WA 98056 (APN 3224059049) The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan Exhibit 3: Unit Plan Exhibit 4: Civil Grading Control Plans Exhibit 5: Geotechnical Engineering Design Study, prepared by Hart Crowser, a division of Haley & Aldrich, dated May 20, 2021 Exhibit 6: Project Variance Narrative Exhibit 7: Variance Request Justification Exhibit 8: Architecture Schematic Design Elevations Exhibit 9: Architecture Renderings Exhibit 10: SEPA Determination and Notice (LUA22-000011) Exhibit 11: Hearing Examiner Decision for Kennydale Gateway (LUA22-000011) DocuSign Envelope ID: 333EED88-7BF3-460B-A1D8-61BB96A24764