HomeMy WebLinkAboutD_Brotherton_Cadillac_Street_Modification_231016_v1DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
A.ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: October 24, 2023
Project File Number: PR22-000124
Project Name: Brotherton Cadillac & GMC - Street Modification
Land Use File Number: LUA22-000407, MOD
Project Manager: Nathan Janders, Development Engineering Manager
Owner: A&D Renton, LLC, 411 Seneca Ct. NW, Renton, WA, 98057
Applicant/Contact: Brad Brotherton, 215 SW 12th St, Renton, WA 98057
Project Location: 215 SW 12th St, Renton, WA 98057
Project Summary: The project is to construct an addition to an existing auto dealership, as well as
construct a new auto dealership on the adjacent site. The applicant, Brad Brotherton,
is requesting a street modification to the City’s undergrounding code and street
improvements that are required to be constructed for the subject project.
Specifically, the applicant is requesting to retain the existing overhead power and
telecom lines along SW 12th St abutting the redevelopment. Additionally, the
applicant is requesting to retain the existing street frontage along SW 12th St.
Site Area: 2.7 acres Lind Ave SW Maple Ave SW Rainier Ave S Project Map
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
City of Renton Department of Community & Economic Development
Brotherton Cadillac & GMC - Street Modification
Administrative Modification Report & Decision
LUA22-000407, MOD
Report of October 24, 2023 Page 2 of 6
B.EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Street Modification Request Justification Letter (application)
Exhibit 4: Street Modification Request Justification Letter (supplemental request)
Exhibit 5: Excerpt from PSE’s Electric Service Handbook 2022
Exhibit 6: Preliminary Schedule 73 Drawings
C.PROJECT DESCRIPTION/BACKGROUND
The applicant is requesting a modification from Renton Municipal Code (RMC) 4-6-060F.8 to allow existing non-
ADA compliant driveway approaches to remain and RMC 4-6-090.C.2 to allow keep the existing overhead power
and utility facilities above ground.
D.FINDINGS OF FACT (FOF):
1.The Development Engineering Division of the City of Renton received a Master Land Use application on
November 30, 2022, and deemed the application complete December 9, 2022 pending payment and
notification of payment by the applicant. Notification of payment was not received by the City of Renton,
however, a supplemental request, that supplemented the initial application, was received on September
22, 2023. The supplemental request was deemed complete by the City of Renton on October 2, 2023 and
given that payment had been made the application and supplemental request were accepted for review
on October 2, 2023. The project complies with the 120-day review period.
2.The applicant’s submittal materials comply with the requirements necessary to process the modification
request.
3.The project site is located at 215 SW 12th St, Renton, WA 98057
4.The project site has an issued civil construction permit (C22004305) as of July 12, 2023.
5.The project site received building permit (B22004511) approval for the proposed addition on January 5,
2023 (note as of the date of this report the building permit has not been issued pending payment).
6.The project site has an issued building permit (B22004503) for the proposed new building as of August 7,
2023.
7.The property is located within the Commercial Mixed Use (CMU) Comprehensive Plan land use
designation.
8.The site is located within the Commercial Arterial (CA) Auto Mall Area A zoning classification.
9.Modification Analysis: The applicant is requesting a modification from RMC 4-6-090, Utility Lines –
Underground Installation, for keeping the existing overhead power and utility facilities above ground and
RMC 4-6-060, Complete Streets, to retain the existing street frontage. Specifically, the applicant is
proposing the following modification: retain all existing overhead power and utility lines abutting the
development along SW 12th St and to retain the existing non-ADA compliant ramps and driveways along
the property frontage. The proposal is compliant with the following modification criteria, pursuant to
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
City of Renton Department of Community & Economic Development
Brotherton Cadillac & GMC - Street Modification
Administrative Modification Report & Decision
LUA22-000407, MOD
Report of October 24, 2023 Page 3 of 6
RMC 4-9-250D. Therefore, staff is recommending approval of the requested modification subject to
conditions as noted below:
Compliance Modification Criteria and Analysis
✓
a.Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and
the proposed modification is the minimum adjustment necessary to implement
these policies and objectives.
Staff Comment: The Comprehensive Plan’s Land Use Element Goal L-B is to “Continue
to build Renton’s Regional Growth Center consistent with VISION 2040 to provide
compact, pedestrian-oriented, mixed-use development to meet the demands of
population and employment growth, while reducing the transportation -related and
environmental impacts of growth.”
Staff concurs the proposed street modification implements the policy direction of the
Comprehensive Plan and is the minimum adjustment necessary. Community design
aspects of the Comprehensive Plan address walkable neighborhoods, safety, and shared
uses. The intent of the policies is to promote new development with walkable places
that support grid and flexible grid street and pathway patterns, and are visually
attractive, safe, and healthy environments. Staff agrees that the proposal and
recommended conditions achieve the policy goals and that the proposal is compliant
with the criteria. See comments and analysis under criterion ‘b’.
✓
b.Will meet the objectives and safety, function, appearance, environmental
protection, and maintainability intended by the Code requirements, based upon
sound engineering judgment.
Staff Comment: The applicant contends that the proposed modification provides a
functional street that is safe for pedestrians. The applicant contends that
undergrounding the utility lines in this location presents a technological challenge that
disproportionately increases costs.
Staff notes that along the entire project frontage are existing utility poles that contain
electrical transmission lines (more than 55 kv), electrical distribution lines (less than 55
kv), and telecommunication lines in addition to utility poles that only contain
distribution and telecommunication lines. RMC 4-6-090.D.1.c exempts the transmission
systems (including poles and wires) from being relocated underground. Therefore, the
transmission systems should remain in place while all distribution lines, telecom lines
and any utility poles supporting only these utilities, would be subject to relocation.
As noted in FOF 1, an application was received on November 30, 2022 (see Exhibit 3).
This application was to retain overhead utilities along the existing building frontage
while undergrounding those utilities along the new building frontage in addition to
retaining the existing non-ADA compliant ramps and driveways. Abutting the existing
building is a utility pole that contains electrical distribution lines, telecommunication
lines and three (3) transformers that provide 3-phase undergound power to the existing
building. Relocation of the facilities underground would result in these transformers
becoming pad mount. PSE design standards (Electric Service Handbook 2022) for
padmount transformers require a 10 foot clearance from building doors/windows, a 3
foot clear working zone (10 foot at cabinet doors) and if located where exposed to
vehicular traffic guard posts are required a minimum 1.5 or 3 foot minimum . At the
location of the pole, there is approximately 15 feet from the curbline to the building.
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
City of Renton Department of Community & Economic Development
Brotherton Cadillac & GMC - Street Modification
Administrative Modification Report & Decision
LUA22-000407, MOD
Report of October 24, 2023 Page 4 of 6
With an estimated transformer pad of 8 foot square, relocating the transformers to the
same location is not viable as the appropriate clearances cannot be met. Additionally,
given that the street section in the Auto Mall Area calls for a 6 inch curb and 5 fo ot
sidewalk at the back of curb there is limited space to locate a padmount transformer
within the ROW. Consequently, to relocate this service, the padmount transformer
would be required to be relocated over 150 feet away on the proposed new building
site, or on other private property following acquirement of an easement. Therefore,
staff concurs that the combination of PSE construction requirements in addition to the
defined street section, create a technological difficulty associated with the relocation of
the services underground such that the existing overhead utilities fronting the existing
building should be left overhead. Further, since the existing utility pole location would
remain, approximately 5 feet from the curbline, and given the project is retaining the
curbline and providing a 5 foot sidewalk at the back of curb along SW 12th St such that
the ROW line lies at the back of walk, retention of the pole results in the utility pole
falling within the sidewalk creating an ADA clearance issue. Additionally, several
existing driveways do not meet current ADA requirements within what will become the
sidewalk. Staff has reviewed the site and notes that the currently between the curbline
and building the site contains scored concrete panels that provide an ADA accessible
path, however, it is on private property. Therefore, staff recommends as a condition of
approval that an ADA accessible path is provided either by replacement of non -ADA
conforming ramps/sidewalks with those meeting ADA standard, or that an easement is
provided for a 5 foot wide pedestrian access route parallel to SW 12th St that is ADA
compliant.
Further noted in FOF 1 is that a supplemental request was received on September 22,
2023 (see Exhibit 4). Initial guidance as noted above and in Exhibit 3 determined that
the existing overhead utilities fronting the new build portion of the project would need
to be relocated underground. The applicant pursued the undergrounding with PSE from
which a preliminary design was developed (see Exhibit 5). This preliminary design
determined that relocation of the facilities underground would place tension on the
transmission poles slated to remain such that additional support would be required.
While additional support is typical during underground conversions, the method of
support would result in two additional poles and downguy wires. In Exhibit 5, P02 is an
existing transmission pole and to avoid the existing/proposed driveways it’s support
would consist of citing a new pole (P02A) approximately 75 feet east with a support
wire from the P02 to P02A and a downguy. These downguy supports are typical for
relieving pole tension and generally are considered temporary in nature during a
conversion underground because those poles requiring the support would be removed
with services relocated underground during a future development. However, given the
above consideration that the utilities fronting the existing building should remain
overhead, the opportunity to remove not only a downguy, but a 75 foot tension wire
and new pole, will not occur. Further, transmission pole 317444-165761 is overcrowded
and cannot accept risers which are required to convert overhead utilities underground.
As such, a new pole, P01, is required such that all utility lines can be routed from pole
317444-165761 to P01 from which the utilities would be routed underground. For these
reasons staff concludes that while a relocation underground along the new building
frontage is feasible, the result of adding two poles and 75 feet of overhead support
wires, of which one pole and the support wires have no opportunity for future removal,
does not provide the benefit of relocation underground as intended by policy.
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
City of Renton Department of Community & Economic Development
Brotherton Cadillac & GMC - Street Modification
Administrative Modification Report & Decision
LUA22-000407, MOD
Report of October 24, 2023 Page 5 of 6
Staff therefore concurs with that the relocation of existing overhead utilities
underground along the entire project frontage on SW 12th St, and the retention of
existing ramps/driveways is the most suitable solution for the development.
Staff concurs the proposed street modification request achieves these standards as
follows:
•Safety: The proposed modification does not have a negative impact on the street
safety.
•Function/Appearance: The proposed modification provides for a functional
walkway. While overhead utility lines would not be removed, the building services
will be installed underground thus providing an element of declutter as intended by
policy.
•Environmental Protection: The proposed modification results in a decreased
disturbance within the right of way thus the environmental hazard potential
associated with road improvement construction is lessened.
•Maintainability: The proposal does not alter the level of maintenance requirements
by the City.
✓
c.Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment: Staff has not identified adverse impacts to other properties from the
requested modification. See also comments under criterion ‘b’.
✓
d.Conforms to the intent and purpose of the Code.
Staff Comment: Staff concurs the proposed modification meets the intent and purposes
of the Code. See also comments under criterion ‘b’.
✓
e.Can be shown to be justified and required for the use and situation intended.
Staff Comment: Staff concurs that the modification is justified given that it provides a
safe and functional pedestrian experience. See also comments under criterion ‘b’.
E.DECISION:
The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250 for approval of modifications. Therefore,
the Brotherton Cadillac & GMC - Street Modification, File No. LUA22-000407, MOD is approved subject to
conditions:
1.An ADA accessible path is provided either by replacement of non-ADA conforming ramps/sidewalks with
those meeting ADA standard, or that an easement is provided for a 5-foot wide pedestrian access route
parallel to SW 12th St that is ADA compliant. Appropriate documentation shall be provided with civil
construction permit C22004305 for review and approval; either a plan revision shall depict ramp
replacement, or an easement shall be provided during permit close out.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Acting Planning Director Date
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
10/24/2023 | 8:07 AM PDT
City of Renton Department of Community & Economic Development
Brotherton Cadillac & GMC - Street Modification
Administrative Modification Report & Decision
LUA22-000407, MOD
Report of October 24, 2023 Page 6 of 6
TRANSMITTED on October 24, 2023 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
A&D Renton, LLC
411 Seneca Ct. NW
Renton, WA 98057
Brotherton Cadillac
Brad Brotherton
215 SW 12th St
Renton, WA 98057
TRANSMITTED on October 24, 2023 to the Parties of Record:
No Parties of Record
TRANSMITTED on October 24, 2023 to the following:
Vanessa Dolbee, Interim CED Administrator
Brianne Bannwarth, Development Engineering Director
Gina Estep, Economic Development Director
Alex Morganroth, Senior Planner
Anjela Barton, Fire Marshal
K.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 via the City Clerk’s Office on or before 5:00 PM on November 7, 2023. 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 Modification 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 dis coverable
prior to the original decision is found or if he finds there was misrepresentation 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: 38C5462B-3449-4BF4-9564-2CB3ED7160E6
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Brotherton Cadillac & GMC - Street Modification
Land Use File Number:
LUA22-000407, MOD
Date of Report
October 24, 2023
Staff Contact
Nathan Janders,
Development Engineering
Manager
Project Contact/Applicant
Brotherton Cadillac
Brad Brotherton
215 SW 12th St
Renton, WA 98057
Project Location
215 SW 12th St
Renton, WA 98057
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Site Plan
Exhibit 3: Street Modification Request Justification Letter (application)
Exhibit 4: Street Modification Request Justification Letter (supplemental request)
Exhibit 5: Excerpt from PSE’s Electric Service Handbook 2022
Exhibit 6: Preliminary Schedule 73 Drawings
DocuSign Envelope ID: 38C5462B-3449-4BF4-9564-2CB3ED7160E6