HomeMy WebLinkAboutD_HEX Decision_CameliaCourt_202402071
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CONDITIONAL USE, SITE PLAN and MOD- 1
CAO VARIANCE - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Camellia Court Apartments
Conditional Use, Site Plan and
Modifications
LUA23-000361, ECF, CUP-H, SA-H, MOD
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FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
FINAL DECISION
Summary
The Applicant requests site plan, conditional use permit and street and habitable space modification
approval for the construction of a 72 unit multi-family building at 99, 101 & 107 Williams Ave S. The
applications are approved subject to conditions.
Testimony
A computer-generated transcript of the hearing has been prepared to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A.
Exhibits
Exhibits 1—29 as shown on the “Exhibits” list presented during the January 10, 2023 hearing were
entered into the record during the hearing.
FINDINGS OF FACT
Procedural:
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CONDITIONAL USE, SITE PLAN and MOD- 2
CAO VARIANCE - 2
1. Applicant. Roger H. Newell, Roger H Newell AIA, 1102 – 19th Ave E, Seattle WA 98112
2. Hearing. A virtual hearing was held on the applications on January 23, 2024 at 11 am in the
City of Renton Council chambers.
3. Project Description. The Applicant requests site plan, conditional use permit and street and
habitable space modification approval for the construction of a 72 unit multi-family building at 99, 101
& 107 Williams Ave S. Fifty-six studio units, 14 2-bedroom units and two (2) 3-bedroom units are
proposed. All parking spaces are within on-site structured parking. Alley access is proposed. The total
project area is 17,262 square feet (0.39 acre). The building will be 71 feet tall and the Ex. 4 elevations
show six stories. The project involves a density of 186 dwelling units per acre.
As identified in Conclusion of Law No. 1 below, the conditional use permit is required to authorize the
proposed density. The habitable space modification is a modification to RMC 4-4-155C to include
gross square footage areas of an attached dwelling unit to calculate habitable space. The modification
will enable the Applicant to meet minimum habitable space requirements that apply to the proposed
dwelling units. The street modification is a modification to RMC 4-6-060F.2 to the minor arterial
street section classification for Williams Ave S.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services. Infrastructure and public services are more directly
addressed as follows:
A. Water and Sewer Service. The project is located within the City’s water and sewer service
areas. The Applicant will be extending water and sewer from existing mains to the
proposal.
B. Fire and Police. The City of Renton will provide police service and the Renton Regional
Fire Authority will provide fire service. Police and Fire Prevention staff indicated that
sufficient resources exist to furnish services to the proposed development with the
improvements and fire impact fees required of the project.
C. Drainage. The proposal provides for adequate and appropriate drainage facilities since
its proposed stormwater controls have been found by City staff to conform to the City’s
stormwater regulations.
The proposal is subject to the 2022 City of Renton Surface Water Design Manual. The
Manual requires that the proposal not generate off-site flows that exceed pre-developed
forested conditions of the project site. A preliminary drainage plan, Ex. 9, and a
Technical Information Report, Exhibit 10, has been prepared by the Applicant and found
to conform to the Manual for this level of review. As detailed in these reports, the
Applicant has proposed to connect to the City of Renton’s storm drainage system within
the abutting public alley right-of-way to the south. A Level 1 downstream analysis was
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CONDITIONAL USE, SITE PLAN and MOD- 3
CAO VARIANCE - 3
performed as part of the TIR. The downstream drainage paths were field inspected on
January 1, 2023, for existing drainage problems; the drainage area was evaluated by
reviewing the Documented Drainage Complaints withing one (1) mile of the downstream
flow paths which has not shown any complaints within the last 10 years. The project will
result in a 0.125 cubic feet per second (cfs) increase in the 100-year peak flow. As the
peak flow is less than a 0.15 cfs increase, no flow control facilities are required for the
project. Additionally, the project is exempt from providing water quality treatment since
less than 5,000 SF of new plus replaced pollution generating impervious surface is
created.
A new eight-inch (8”) storm drain is proposed for the abutting alley to the south. It would
connect into an existing eight-inch (8”) public storm main in the abutting alley to the
south. The existing main then flows east into Williams Ave S and connects to the eight-
inch (8”) public storm main within the right-of-way of Williams Ave S.
D. Parks/Open Space. The proposal provides for adequate parks and open space.
The proposal is located within Design District A. Its open space requirements are largely
dictated by District A open space standards. District A requires 50 square feet of open
space per dwelling unit, which is a total of 3,600 square feet for the project. The floor
and landscape plans detail open space and recreation areas of approximately 4,144 square
feet. The ground floor amenities include a 1,217 square foot fitness center, a 1,217 square
foot hospitality center and a 540 square foot tenant library/internet lounge totaling 2,974
square feet. The 1,170 square foot second floor open air terrace is shown to provide
seating, gas BBQ, dining area, television, gas fireplace and landscaping.
A Park Impact Fee is required for the future houses, payable during building permit
review. The current Park Impact Fee is $2,222.84 per each new multi-family dwelling
unit within a multi-family project of five (5) or more units, however the fee in effect at
the time of building permit issuance would be assessed.
E. Transportation and Circulation. The proposal is served by adequate and appropriate
transportation facilities.
A Traffic Impact Analysis is required when a project proposal would result in the
generation of 20 new a.m. or p.m. peak hour trips. A Traffic Study (Exhibit 14), dated
March 2023, was prepared by Kimley-Horn and Associates, Inc. It indicates that the
development is estimated to generate 142 new average weekday daily vehicular trips
with 18 new trips occurring during the weekday a.m. peak hour and 16 new trips
occurring during the weekday p.m. peak hour. Therefore, the project is not required to
provide a full Traffic Impact Analysis.
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CONDITIONAL USE, SITE PLAN and MOD- 4
CAO VARIANCE - 4
Vehicle access to the site is via the existing alley along the rear (western) façade. The
proposal is built out over nearly the entirety of the site and therefor internal circulation to
the site is limited. A recessed entry from the new 12-foot (12’) sidewalk would be
provided. This, along with complying with the City’s parking design standards, is
sufficient to provide safe and efficient internal circulation.
City staff have also determined int the staff report that the proposed circulation system
provides for desirable transitions and linkages between uses, streets, walkways and
adjacent properties. The 12-foot (12’) wide sidewalk along Williams Ave S and recessed
entry point into the building result in an enhanced pedestrian experience.
Loading and delivery would occur in the parking garage accessed via the abutting public
alley. The record does not identify if the loading/delivery areas will be separated from
parking and pedestrian areas.
F. Schools. The proposal provides for adequate and appropriate school facilities.
Kennydale Elementary, Dimmitt Middle School and Renton High School will serve the
development. New students from the proposed development attending elementary and
middle schools would be bussed to school; students attending the high school would be
expected to walk. The stop for elementary school students is located at N 1st St and
Williams Ave N, a distance of approximately 935 feet (935’). Students would walk north
along Williams Ave S until the intersection with N 1st St. The stop for middle school
student is located at Logan Ave S and S Tobin St, a distance of approximately 1,850 feet
(1,850’). Students would walk south along Williams Ave S until S 2nd St then west to
Logan Ave S then north to the intersection with S Tobin St. Routes for both the
elementary and middle school stops are improved then entire length with sidewalks. High
school students would have a distance of approximately 775 feet (775’) to get to the
Renton High School grounds. Students would walk south on Williams Ave S then west
along S 2nd St until they reached the high school. The entire length of travel is improved
with sidewalks.
A School Impact Fee, based on new dwelling units, will be required in order to mitigate
the proposal’s potential impacts to the Renton School District. The fee is payable to the
City as specified by the Renton Municipal Code. Currently the fee is assessed at
$4,257.00.00 per multi-family.
G. Refuse and Recycling. The proposal complies with applicable refuse and recycling
regulations and thus provides for adequate and appropriate facilities to address solid
waste impacts.
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CONDITIONAL USE, SITE PLAN and MOD- 5
CAO VARIANCE - 5
RMC 4-4-090D1a requires a minimum of one and one-half (1-1/2) square feet per
dwelling unit in multi-family residences shall be provided for recyclables deposit
areas, except where the development is participating in a City-sponsored program in
which individual recycling bins are used for curbside collection. A minimum of three
(3) square feet per dwelling unit shall be provided for refuse deposit areas. A total
minimum area of eighty (80) square feet shall be provided for refuse and recyclables
deposit areas.
With the 72 proposed dwelling units, a minimum of 108 square feet is required for
recyclable deposit areas with a minimum of 216 square feet required for refuse deposit
areas for a total area of 324 square feet required for refuse and recyclable deposit
areas. Per the submitted floor plans (Exhibit 3) two (2) locations on the ground floor
are provided for deposit areas. Each location is 189 square feet for a total of 378
square feet. The deposit areas are incorporated within the building along the western
facade and are each externally accessed via an 11 -foot tall by 12-foot wide (11’x12’)
roll up door from the abutting alley.
H. Parking. The proposal provides for adequate and appropriate parking because the
proposed parking complies with the City’s parking standards.
Parking regulations require that a minimum and maximum of one (1) parking space per
attached dwelling unit within the CD zone be provided. Standard structured parking stall
dimensions are 8 feet 4 inches by 15 feet, or 16 feet if stalls are designed at 45 degrees or
greater, compact stall dimensions are 8 ½ feet by 16 feet.
Seventy-two dwelling units are proposed which requires 72 parking stalls. The Applicant
proposes structured parking within two (2) levels: one (1) below ground level and one (1)
at ground level. The floor plans show 38 stalls in the below ground level parking area
with 34 stalls in the ground level parking area. The ground level parking is split into two
(2) separately accessed areas with 17 stalls in each area. Six (6) compact stalls, or 8.33
percent (8.33%) of the total amount of stalls, are provided. Four (4) accessible spaces are
provided. Standard parking stalls vary in size from 16 feet deep by eight feet four inches
wide (16’x8’4”) to 17 feet seven inches deep by eight feet four inches wide (17’x8’4”).
Compact stalls are sized 16 feet deep by seven and a half feet wide (16’x7’6”). All stalls
are designed at 90 degrees. Drive aisle widths are 24 feet (24’) with the ramp down to the
lower parking level being 20 feet (20’) at a 15 percent (15%) slope. Both levels are
accessed on the western façade from the abutting alley.
I. Landscaping. The proposal provides for adequate and appropriate landscaping by
conforming to the City’s landscaping standards.
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CONDITIONAL USE, SITE PLAN and MOD- 6
CAO VARIANCE - 6
In the CD zone, the City’s applicable landscape regulations (RMC 4-4-070) are limited to
street trees and landscaping in the right-of-way, parking lot landscaping, maintenance of
landscaping. Minimum planting strip widths between the curb and sidewalk are
established according to the street development standards of RMC 4-6-060. Street trees
and, at a minimum, groundcover shall be planted within planting strips pursuant to the
street standards, provided there shall be a minimum of one street tree planted per lot. In
the City Center Community Planning Area, street trees in grates are included in the 12 -
foot sidewalk width in-lieu of vegetated planting strips. Tree species and planting size
shall be consistent with the City’s Approved Street Tree List.
When a commercial zoned lot or use abuts a residential zone, a fifteen-foot (15') wide
partially sight-obscuring landscaped visual barrier, or ten-foot (10') wide fully sight-
obscuring landscaped visual barrier, is required along the common property line.
The Applicant’s submitted landscape plan (Exhibit 13) provides for the preservation of
one (1) existing street tree and planting four (4) new street trees in 8-foot by 4-foot
(8’x4’) tree grates abutting the sidewalk curb. The landscape plan identifies the existing
street tree to remain as a Calleryana Pear; the newly planted street trees are proposed to
be four (4) Snowgoose Cherries, a small-maturing street tree listed in the City’s
Approved Tree List & Spacing Guidelines. The Calleryana Pear is not an approved street
tree. Spacing between trees is proposed to be between 29 feet (29’) and 32.5 feet (32.5’).
As the project is located within the City Center Planning Area, the Applicant would omit
the eight-foot (8’) landscaping strip and instead would provide tree grates within the
twelve (12’) foot sidewalk width as was constructed with the Merrill Gardens frontage
improvements to the south.
A condition of approval requires that the Applicant submit revised landscape plans with
the construction permit application showing newly planted street tree species chosen
from the City of Renton Approved Tree List & Spacing Guidelines with tree grates
complying with city specifications. The revised plans shall be reviewed and approved by
the Current Planning Project Manager prior to construction permit issuance.
J. Transit and Bicycle. The proposal complies with City bicycle parking requirements and
thus provides for adequate bicycle facilities. Transit is also easily accessible.
RMC 4-4-080F11 requires bicycle parking spaces at the rate of one-half (0.5) bicycle
parking space per each attached dwelling unit. Seventy-two attached dwelling units are
proposed; per the floor plans 48 wall mounted bike racks and 22 bike storage rooms are
proposed within the structured parking. A minimum of 36 bicycle spaces are required; 70
are provided. However, it’s not clear if the spaces can be fully functional without
impeding pedestrian or vehicular circulation. To ensure bicycle parking meets standards,
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CONDITIONAL USE, SITE PLAN and MOD- 7
CAO VARIANCE - 7
a condition of approval requires that the Applicant provide revised drawings showing the
location of provided bicycle stalls and identifying how the stalls will meet applicable
standards in RMC 4-4-080F11.
Access to the transit center located approximately one (1) block south and west on S 2nd
St and Burnett Ave S is provided via public sidewalk.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On
December 18, 2023 the City issued a Mitigated Determination of Non-significance (MDNS) for the
project. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are
more specifically addressed as follows:
A. Views. It is not anticipated that the proposal will result in any material obstruction of
views. The proposal is similar scale and height to the adjoining Merrill Gardens
buildings to the west and south of the project. As such, potential views of Lake
Washington from adjacent properties would already be obstructed by Merrill Gardens. No
obstruction of other existing views of natural features are anticipated.
New views to Lake Washington, Cascade and Olympic mountain ranges, and Seattle and
Bellevue skylines may be possible from the upper stories and roof top of the building
addition.
B. Compatibility. The proposal is compatible with surrounding use.
Adjacent property to the south and west is an assisted living facility of similar bulk and
scale. North is a detached dwelling and east is a mix of detached and multi-family
dwellings. With the tiered design outlined below and conditions addressing screening in
conjunction with landscaping requirements, the proposal is found to be compatible with
surrounding uses.
The building design provides structural setbacks creating a tiered effect with a reduction
in bulk from the ground floor to the second level then to the third through sixth levels
rather than a monolithic box. Storefront glazing and weather protection provide a
pedestrian environment and engagement superior to the existing development. Design
District A standards assure aesthetic features that reduce massing, such as articulation on
all facades at intervals of less than 40 feet (40’) via glazing, roof overhang, material
changes and color changes. Modulation occurs on all facades at varying intervals of less
than 40 feet (40’) ranging from a width of eight feet two inches (8’2”) to 19 feet two
inches (19’2”). The proposal includes human scale elements such as large windows,
sconce lighting, canopies and potted vegetation at the entrance. The base of the building
is comprised of CMU and concrete, inset tiles and treated with canopies along pedestrian
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CONDITIONAL USE, SITE PLAN and MOD- 8
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areas. Architectural elements include entrance detailing, weather protection and a unique
skylight above the entrance lobby.
The Applicant did not provide sufficient details of roof or surface mounted equipment
and/or screening identified for such equipment with the land use application. Therefore, a
condition of approval requires that the Applicant submit a separate detailed plan set
identifying the location and screening provided for all roof top utility/mechanical
equipment with the building permit application. The plan shall include detail sheets that
provide cross section details and identify proposed rooftop screening that is integral and
complementary to architecture of the buildings.
Conditions of approval require the Applicant to submit a surface mounted utility plan
that includes cross-section details with the civil construction permit application. The
Applicant shall work with franchise utilities to ensure, as practical, utility boxes do not
obstruct or displace pedestrian areas. The plan shall provide and identify screening
measures consistent with the overall design of the development.
C. Light, glare, noise and privacy. The proposal will not create any significant adverse light,
noise or glare impacts and will not impact privacy.
The staff report doesn’t address lighting impacts on surrounding properties, but rather
only addresses that issue as it impacts safe pedestrian passage at the project site. A
condition of approval requires conformance to RMC 4-4-075E, which prohibits light
trespass onto adjoining properties and specifies light fixture design standards.
The building design provides privacy and noise reduction as the residential dwelling units
are stepped back and elevated from Williams Ave S and the abutting alleys.
D. Critical Areas. The project site is located in a high seismic area and a critical aquifer
area. The proposal is found to adequately avoid impacts to these critical areas since it
conforms to the City’s critical area regulations as provided in further detail below.
i. Seismic Hazard. RMC 4-3-050F2aii requires the Applicant to submit a geotechnical
report for high seismic areas that establishes that the site can safely accommodate the
proposal and that the proposal will not jeopardize other critical areas or destabilize
adjoining properties. The Applicant has complied with RMC 4-3-050F2aii and for
this reason there are no adverse impacts anticipated due to the presence of the seismic
hazard area.
The submitted geotechnical report states that liquefaction during a Maximum
Considered Earthquake (MCE) would result in a total calculated ground settlement in
the order of up to four to six inches (4” – 6”). A recommendation to use mat
foundations could reduce the settlement to two to four inches (2” – 4”) of settlement.
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CONDITIONAL USE, SITE PLAN and MOD- 9
CAO VARIANCE - 9
Additional recommendations include using auger cast concrete piles because of
potential caving conditions and/or significant groundwater, retaining walls backfilled
on only one side be designed to resist lateral earth pressures and soldier pile walls to
reduce potential for excessive caving and adverse impacts to adjacent streets, utilities
and structures. The geotechnical report noted at Page 7 that in following its
recommendations, by “preventing catastrophic settlement of the foundations, the
safety of the occupants should be protected.”
SEPA mitigation measures were included with the environmental threshold
determination that the project comply with the recommendations of the geotechnical
report and any updated reports and that the geotechnical engineer reviews the
construction and building plans to verify the recommendations and specifications are
consistent with the geotechnical report. The SEPA mitigation measures are included
as recommended conditions of approval.
ii. Aquifer Recharge. The COR mapping system has identified the site as being located
in the Downtown Wellhead Protection Zone 1. The site’s proposed residential use is
not indicative of a type of use that would potentially harm the City’s groundwater. no
groundwater will be withdrawn, and no waste material will be discharged into the
ground. If more than 100 cubic yards of fill are imported, a fill material source
statement is required that is certified by a professional engineer or geologist licensed
by the State of Washington identifying each source location of the fill.
6. Tree Retention. Beyond the City’s critical area regulations, the only regulations requiring
protection of vegetation are the City’s tree retention standards. As conditioned, the proposal meets the
City’s tree retention standards and thus is found to adequately protect and retain site trees.
The City’s adopted Tree Retention and Land Clearing Regulations (4-4-130) require the retention of
30 percent of trees in a residential development. Tree credit requirements shall apply 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.
The arborist (Exhibit 11) report identifies two (2) trees on the site: an English Holly and a Mountain
Ash. Both are identified as being multi-stemmed trunks with the largest caliper being nine inches (9”)
for the holly and 10 inches (10’) for the ash. RMC 4-11-200, Definitions T defines notes that any trees
listed on the Complete King County Weed list shall not qualify as a tree. Both English Holly and
Mountain Ash are listed as King County weeds of concern on the Complete King County Weed list
and are therefore, not considered trees per the Renton Municipal Code. As such, no trees are required
for retention.
A minimum of 11 tree credits (0.37 acres x 30 tree credits per acre = 11.1 tree credits, rounded down
to 11) are needed. Per the submitted landscape plan, 14 Oil-Seed Camelias are proposed within
individual planters and placed in various locations on the second level terraces. The Oil -Seed Camelia
is a Small Species Tree and is valued at 0.25 tree credits each for a total of two and three/fourths (2.75)
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CONDITIONAL USE, SITE PLAN and MOD- 10
CAO VARIANCE - 10
credits (11 tree credits x .025 tree credits = 2.75 credits). Per RMC 4-4-130H1f, Fee in Lieu, when the
Administrator determines that it is infeasible to replace or supplement trees on the site, payment into
the City’s Urban Forestry Program fund may be approved in an amount of money approximating the
current market value of the replacement trees and the labor to install them.
The intent of tree credits and tree retention is for ground level long term tree planting/retention, not
trees within planters. Trees in planters can be removed easily at some point in the future defeating the
purpose of long-term tree placement. Because the CD zone allows for entire lot coverage, it is
anticipated that ground level trees will not be installed and/or retained as it would be infeasible to meet
tree planting/retention rates and meet permitted zoning allowances. As such, the fee-in-lieu is the
appropriate method of meeting tree retention requirements. As such, a condition of approval that the
Applicant make payment into the City’s Urban Forestry Program fund in the amount per required
caliper inch to reach 11 tree credits and labor cost identified in the fee schedule in effect at the time of
building permit issuance. Payment shall be made prior to temporary certificate of occupancy.
Conclusions of Law
1. Authority The site plan and conditional use permit require hearing examiner review and final
approval. The modification requests are subject to staff approval when reviewed separately, but are
consolidated with hearing examiner review for this application.
The site plan is subject to hearing examiner review because it involves a building more than four stories
tall or 60 feet in height in the CD zone per RMC 4-9-200D2biv. A conditional use permit is required
because the proposal involves a density between 150 and 200 dwelling units per acre in the CD zone
per RMC 4-2-120B. RMC 4-4-155H authorizes the use of the modification process to habitable space
requirements. RMC 4-8-080G classifies the street modification and minimum habitable space requests
as a Type I application.
RMC 4-8-080(C)(2) requires consolidated permits to be collectively processed under “the highest -
number procedure.” The Type III review is the “highest-number procedure” for the permit applications
identified above and therefore must be employed for the conditional use, site plan and street
modification applications. As outlined in RMC 4-8-080(G), the hearing examiner is authorized to hold
hearings and issue final decisions on Type III applications subject to closed record appeal to the
Renton City Council.
2. Zoning/Design District/Comprehensive Plan Designations. The subject property is zoned
Commercial Office (CD), its comprehensive plan land use designation is Commercial Mixed Use
(CMU) and the project site is located in Design District A.
3. Review Criteria/Adoption of Staff Findings and Conclusions of Street Modifications.
Conditional use criteria are governed by RMC 4-9-030(D). Site Plan criteria are governed by RMC 4-
9-200.E.3. All applicable review criteria for the conditional use and site plan applications are quoted
below in italics and applied through corresponding conclusions of law.
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CONDITIONAL USE, SITE PLAN and MOD- 11
CAO VARIANCE - 11
The criteria for the street and habitable space modification requests identified in Finding of Fact No. 3
are governed by RMC 4-9-250.D.2. The findings and conclusions of Finding No. 23 and 24 of the staff
report are adopted by this reference in full to conclude that all review criteria for the requested street
modification are met.
CONDITIONAL USE
The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the
zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
4. As conditioned, the proposal is consistent with all applicable comprehensive plan policies and
development standards, including of those Design District A, as outlined in Findings No. 17-19 of
the staff report, adopted by this reference as if set forth in full.
RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the immediate area of the
proposed use. The proposed location shall be suited for the proposed use.
5. For the reasons identified in Finding of Fact No. 4 and 5, the proposal is compatible with
surrounding uses, will be served by adequate infrastructure and will not create significant adverse
impacts to adjoining properties. For these reasons the proposed location is suited for the proposed
use. The detailed design standards of Design District A, as partially described in Finding of Fact
5B, break up the mass of the building thus preventing any semblance of overconcentration of large
multi-family structures in the vicinity or at the project site.
RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
6. As determined in Finding of Fact No. 5, as conditioned, there are no significant adverse
impacts associated with the proposal, so it will not result in substantial or undue adverse effects on
adjacent property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
7. As determined in Finding of Fact No. 5B, the proposed use is compatible with the scale and
character of the neighborhood.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
8. As determined in Finding of Fact No. 4H, the site is served by adequate parking.
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RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
shall mitigate potential effects on the surrounding area.
9. As outlined in Finding of Fact No. 4E, the proposal provides for safe circulation and adequate
traffic mitigation and facilities.
RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
10. As determined in Finding of Fact No. 5C, the proposal will not result in any adverse light,
noise or glare impacts.
RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
11. The criterion is met. As shown in the landscaping plan, Ex. 13, all areas not paved are
landscaped.
SITE PLAN
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.
12. As concluded in Conclusion of Law No. 4, the proposal is consistent with the City’s
comprehensive plan, development regulations and design standards.
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;
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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.
13. As conditioned, the criteria quoted above are met. As outlined in Finding of Fact No. 4E, the
proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent
properties. As determined in Finding of Fact No. 4G, the proposal complies with the City’s refuse
and recycling standards. As determined in Finding of Fact No. 5A, the proposal will not adversely
affect any views. As determined in Finding of Fact No. 4I, the proposal is consistent with the City’s
landscaping standards. The proposal will not create any significant light impacts, including excessive
brightness or glare, for the reasons identified in Finding of Fact No. 5C. A condition of approval
requires screening of rooftop equipment and utilities. The loading and delivery area will be in the
structured parking area and thus be screened from outside view.
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.
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14. The criteria quoted above are met. Privacy impacts are adequately addressed as identified in
Finding of Fact No. 5C. Due to compliance with the City’s critical areas ordinance, there are no
natural features adversely affected by the proposal. The scale of the structure is adequately mitigated
through the extensive design standards of Design District A, as partially addressed in Finding of Fact
No. 5B and discussed at length in the staff report.
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.
15. The proposal provides for safe and efficient access and vehicular and pedestrian circulation as
required by the criterion above for the reasons identified in Finding of Fact No. 4E. Transit and
bicycle facilities are available as determined in Finding of Fact No. 4J. It’s unclear from the record
whether the loading and delivery area will be separated from the parking and pedestrian areas. A
condition of approval imposes this latter requirement.
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.
16. The proposal provides for adequate open space as outlined in Finding of Fact No. 4D.
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.
17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as determined
in Finding of Fact No. 5A. The proposal also does not include any shorelines and is in no position to
provide public access to them.
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RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
18. The City’s critical area regulations identify and adequately protect all natural systems of
significance. As determined in Finding of Fact No. 5D, the project protects all affected critical areas
as required by the critical area regulations.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
19. 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.
20. There is no phasing plan proposed
DECISION
The site plan, conditional use, and two street modification requests meet all applicable review criteria
for the reasons identified in the Conclusions of Law of this decision and are approved, subject to the
following conditions:
1. The Applicant shall comply with the mitigation measures issued as part of the Determination of
Non-Significance Mitigated, dated December 18, 2023.
1. The project shall comply with the recommendations of the geotechnical report, prepared by
Geotech Consultants, dated May 24, 2022, and any updated report(s) associated with the
building and construction permits to ensure compliance with the intent of the initial reports.
2. The Applicant’s geotechnical engineer shall review the project’s construction and building
permit plans to verify compliance with the geotechnical reports. The geotechnical engineer
shall submit a sealed letter stating that they reviewed the construction and building permits
and in their opinion the plans and specifications meet the intent of the reports.
3. The Applicant shall complete an archaeological survey by a qualified professional on the
site prior to ground disturbing activities and an Inadvertent Discoveries Plan prepared by a
qualified professional. A report identifying the results and any needed next steps shall be
submitted with the Inadvertent Discoveries Plan at the time of the civil construction permit
application for review and approval by the Current Planning Project Manager prior to
permit issuance. Ground disturbing activities include but are not limited to geotechnical
testing, concrete removal, utility removal and replacement, and building excavation. Notice
shall be provided to Concerned Tribes to have a tribal monitor on-site if archaeological
work or monitoring is performed.
2. The Applicant shall submit revised building designs with the building permit application
showing a 12-foot (12’) finished floor – to- ceiling height for the ground floor residential
amenity and lobby spaces.
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3. The Applicant shall complete a lot line adjustment to eliminate the interior lot lines. The
adjustment shall be recorded prior to temporary certificate of occupancy.
4. The Applicant shall submit revised landscape plans with the construction permit application
showing newly planted street tree species chosen from the City of Renton Approved Tree List
& Spacing Guidelines with tree grates complying with city specifications. The revised plans
shall be reviewed and approved by the Current Planning Project Manager prior to construction
permit issuance.
5. The Applicant shall make payment into the City’s Urban Forestry Program fun in an amount of
money approximating the current market value of the replacement trees and the labor to install
them. The City shall determine the value of replacement trees. Payment shall be made prior to
temporary certificate of occupancy.
6. The Applicant shall submit a separate detailed plan set identifying the location and screening
provided for all surface and roof top utility/mechanical equipment with the building permit
application. The plan shall be reviewed and approved by the Current Planning Project Manager
prior to building permit approval.
7. The Applicant shall submit a surface mounted utility plan that includes cross-section details
with the civil construction permit application. The Applicant shall work with franchise utilities
to ensure, as practical, utility boxes do not obstruct or displace pedestrian areas. The plan shall
provide and identify screening measures consistent with the overall design of the development.
The surface mounted utility plan shall be reviewed and approved by the Current Planning
Project Manager prior to civil construction permit approval.
8. The Applicant shall provide revised drawings showing the location of provided bicycle stalls
and identifying how the stalls will meet applicable standards in RMC 4 -4-080F11. The plan
shall be reviewed and approved by the Current Planning Project Manager prior to building
permit approval.
9. The Applicant shall submit revised floor plan drawings identifying how each unit meets the
storage standards of RMC 4-4-155 with the building permit application. The plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
approval.
10. The Applicant shall submit revised floor plan drawings identifying how each unit is meeting
the kitchen standards of RMC 4-4-155 with the building permit application. The plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
approval.
11. The Applicant shall submit revised drawings showing the southern façade at the ground floor
level with similar façade treatments as the front façade, such as glazing and sconce lighting, or
as determined by the Current Planning Project Manager at the time of building permit
application. The plan shall be reviewed and approved by the Current Planning Project Manager
prior to building permit approval.
12. The Applicant shall submit material samples of the ground floor exterior cladding with the
building permit application. The materials shall be brick or material equivalent. The size of the
brick units shall be the size and scale of typical bricks, such as the neighboring Merrill Gardens
building addition to the south or as otherwise determined by the Current Planning Project
Manager. The material shall be approved by the Current Planning Project Manager prior to
building permit issuance.
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13. The Applicant shall submit revised drawings which include enhancement techniques such as
texturing, reveals and/or coloring with a concrete coating or admixture on the western and
northern facades. The plan shall be reviewed and approved by the Current Planning Project
Manager prior to building permit approval.
14. The Applicant shall maintain visual accessibility along the ground level during typical business
and daytime hours. Between the hours of 8 A.M. and 7 P.M. storefront windows shall not be
covered with blinds or other visual obstructions.
15. The Applicant shall submit revised elevations with the building permit application which
provides pedestrian scale lighting through sconces on the building façade at the entrance with
down lighting provided within the recessed area and from the associated entrance awning. The
additional lighting shall be reviewed and approved by the Current Planning Project Manager
prior to building permit approval.
16. The Applicant shall submit revised elevations with the building permit application that
provides additional sconce lighting along the southern façade at intervals between the
conditioned windows. The additional lighting shall be reviewed and approved by the Current
Planning Project Manager prior to building permit approval.
17. The Applicant shall submit revised elevations with the building permit application that
provides additional downlighting within the entirety of the front façade awnings. The
additional lighting shall be reviewed and approved by the Current Planning Project Manager
prior to building permit approval.
18. The Applicant shall provide revised landscaping plans with the building permit application that
provides native vegetation to the greatest extent possible and additional vegetation beyond
what is currently proposed at the second level on the eastern and southern façade. Vegetation
shall be visible to the public through visibility means such as plant height, horizontally
climbing plants along the façade, hanging vegetation, and/or other options as proposed by the
Applicant. Native vegetation shall be used to the greatest extent possible. A narrative shall be
provided from a Washington licensed landscape architect identifying why native vegetation
could not be used in specific instances, why vegetation has been chosen for the specific area
and what measures need to be incorporated to ensure the long-term health and survival of the
landscaping. An updated arborist report shall identify measures needed to ensure the long -term
health and viability for the planted trees. Plans shall identify how vegetation will be irrigated.
The plan shall be reviewed and approved by the Current Planning Project Manager prior to
building permit approval.
19. The Applicant shall submit revised drawings with the building permit application which shows
all dwelling units with a minimum habitable space area calculated using the habitable space
definition in RMC 4-4-155C plus the area of a second bathroom. Additionally, the credit for
the portions of square footage for utility space and storage space that is greater than the
minimum required may also be included in the habitable space calculation. The plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit
issuance.
20. The Applicant shall demonstrate to the satisfaction of the Current Planning Project Manager
that proposed lighting conforms to the requirements of RMC 4-4-075E. The Manager may
require a lighting plan if necessary to make this determination.
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21. If not done so already, the loading and delivery areas shall be separated from parking and
pedestrian areas as required by RMC 4-9-200(E)(3)(d)(iii).
DATED this 6th day of February, 2024.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III
applications subject to closed record appeal to the City of Renton City Council. Appeals of the
hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the
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:
Camellia Court Apartments
Project Number:
LUA23-000361, ECF, CUP-H, SA-H, MOD
Date of Hearing
January 23, 2024
Staff Contact
Andrew Van Gordon
Associate Planner
Project Contact/Applicant
Neal Thompson
Roger H Newell, AIA
1102 - 19th Ave E, Seattle,
WA 98112
Project Location
99, 101 & 107 Williams
Ave
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-16: As shown in the Environmental Review Committee (ERC) Report
Exhibits 17-26: As shown in the Staff Report to the Hearing Examiner
Exhibit 27: Staff PowerPoint
Exhibit 28: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 29: Google Earth, https://www.google.com/earth/