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Home My WebLink AboutD_Bindaas_Restaurant_CUP_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Bindaas Restaurant CUP_Final A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: March 4, 2024 Project File Number: PR24-000017 Project Name: Bindaas Restaurant, Bar & Banquet Walk-Up Window Land Use File Number: LUA24-000046, CUP-A Project Manager: Jill Ding, Senior Planner Owner: Malhotra LLC, 811 S 3rd St, Renton, WA 98057 Applicant/Contact: Runika Tiwari and Abhishek S Makkar, 15111 SE 43rd St, Bellevue, WA 98006 Project Location: 811 S 3rd St, Renton, WA 98057 (Parcel No. 7231501820) Project Summary: The applicant is requesting an Administrative Conditional Use Permit for the installation of a walk-up window at a proposed restaurant use at 811 S 3rd St. The project site totals 12,000 square feet (0.28 acres) in area and is located within the Center Downtown (CD) zone, Urban Design District A, and the Downtown Business District. The proposed walk-up window would be located on the north building façade, facing S 3rd St. The walk-up window would be open daily during restaurant hours. Site Area: Approximately 12,000 sq. ft. (0.275 acres) DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 City of Renton Department of Community & Economic Development Bindaas Restaurant, Bar & Banquet Walk-Up Window Administrative Modification Report & Decision LUA24-000046, CUP-A Report of March 4, 2024 Page 2 of 5 D_Bindaas Restaurant CUP_Final B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Conditional Use Permit Justification Exhibit 3: Plan Set Exhibit 4: Ordinance No. 6127 Exhibit 5: Transportation Concurrency Exhibit 6: Advisory Notes C. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on February 12, 2024 and determined the application complete on February 14, 2024. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the conditional use request (exhibits). 3. The project site is located 811 S 3rd St, Renton, WA 98057. 4. The project site is currently developed with and existing 17,550-square foot building, of which the applicant is proposing to lease 6,433 square feet for a restaurant, bar, and banquet space with a walk-up window. The scope of the review for this Conditional Use Permit request is limited to the proposed walk- up window, the review of the tenant improvements associated with restaurant, banquet, and bar use would occur at the time of building permit review. 5. The existing building is located at the southwest corner of the intersection of S 3rd St and Wells Ave S. 6. The property is located within the Commercial Mixed Use (CMU) Comprehensive Plan land use designation. 7. The site is located within the Center Downtown (CD) zoning classification. 8. The site is mapped with a high seismic hazard area and the Downtown Wellhead Protection Area Zone 1. 9. 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. 10. Conditional Use Analysis: The applicant is requesting an Administrative Conditional Use Permit for the installation of a walk-up window at a proposed restaurant use at 811 S 3rd St. The proposed walk-up window would be located on the north building façade, facing S 3rd St. The walk-up window would be open daily during restaurant hours. The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-030.D. Therefore, staff recommends approval of the requested Conditional Use Permit. Compliance Conditional Use Criteria and Analysis ✓ a. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 City of Renton Department of Community & Economic Development Bindaas Restaurant, Bar & Banquet Walk-Up Window Administrative Modification Report & Decision LUA24-000046, CUP-A Report of March 4, 2024 Page 3 of 5 D_Bindaas Restaurant CUP_Final Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. Staff Comment: The project site is located within the Commercial Mixed Use (CMU) Comprehensive Plan land use designation. In accordance with Policy U-17, one of the purposes of the CMU land use designation is to “support new office and commercial development that is more intensive than what exists to create a vibrant district and increase employment opportunities.” The proposed walk-up window would support a new restaurant and bar use within downtown Renton and would increase pedestrian activity along the sidewalk fronting the restaurant, thereby furthering the purpose of creating a vibrant pedestrian environment. In accordance with newly adopted Ordinance No. 6127 (Exhibit 4), the number of stand alone walk-up windows shall be located to three (3) locations in the City Center and five (5) location citywide and are permitted via an Administrative Conditional Use Permit. The requested walk-up window is the first walk-up window requested within the City and would also be the first walk-up window located within the City Center, which would comply with Ordinance No. 6127. ✓ b. 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. Staff Comment: The proposed walk-up window would be located on the north building façade of 811 S 3rd St (Exhibit 3) and would be oriented to the public sidewalk within S 3rd St, which would be a suitable location for the proposed use. As this request includes the first walk-up window proposal within the City, the proposal would not result in a detrimental overconcentration of walk-up windows. ✓ c. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Staff Comment: A restaurant use is an outright-permitted use within the CD zone and would add to the vibrant pedestrian environment that is desired in the downtown. It is anticipated that the proposed walk-up window would support the pedestrian activity associated with the restaurant use and would not adversely impact adjacent properties. ✓ d. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Staff Comment: The proposed walk-up window would be compatible with the scale and character of the surrounding downtown uses. ✓ e. Parking: Adequate parking is, or will be made, available. Staff Comment: There is no existing onsite parking for the uses within the existing building. Patrons of the restaurant and walk-up window would utilize the existing on- street parking within downtown. ✓ f. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Staff Comment: There would be no vehicular circulation associated with the proposed walk-up window. Walk-up window customers would be pedestrians and would access the window via the existing public sidewalk fronting the project site within S 3rd St. DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 City of Renton Department of Community & Economic Development Bindaas Restaurant, Bar & Banquet Walk-Up Window Administrative Modification Report & Decision LUA24-000046, CUP-A Report of March 4, 2024 Page 4 of 5 D_Bindaas Restaurant CUP_Final ✓ g. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. Staff Comment: There are no noise, light, and glare impacts anticipated from the proposed walk-up window. ✓ h. 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. Staff Comment: The proposal includes the addition of a walk-up window to an existing building, no new landscaping improvements would be triggered as a no new buildings or building additions are proposed. D. DECISION: The proposal satisfies 8 of the 8 criteria listed in RMC 4-9-030D for approval of conditional use permit. Therefore, the Bindaas Restaurant, Bar & Banquet Walk-Up Window, File No. LUA24-000046, CUP-A, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera, Planning Director Date TRANSMITTED on Error! Reference source not found. to the Owner/Applicant/Contact: Owner: Applicant/Contact: Malhotra LLC 811 S 3rd St Renton, WA 98057 Runika Tiwari and Abhishek S Makkar 15111 SE 43rd St Bellevue, WA 98006 TRANSMITTED on Error! Reference source not found. to the Parties of Record: No Parties of Record TRANSMITTED on Error! Reference source not found. to the following: Brianne Bannwarth, Interim CED Administrator Justin Johnson, Interim Development Engineering Director Gina Estep, Economic Development Director Nathan Janders, Development Engineering Manager Clark Close, Current Planning Manager Anjela Barton, Fire Marshal DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 3/4/2024 | 12:48 PM PST City of Renton Department of Community & Economic Development Bindaas Restaurant, Bar & Banquet Walk-Up Window Administrative Modification Report & Decision LUA24-000046, CUP-A Report of March 4, 2024 Page 5 of 5 D_Bindaas Restaurant CUP_Final E. 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 March 18, 2024. 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: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval, unless an extended time frame is granted by the Administrator or Hearing Examiner. A single two (2) year extension may be granted for good cause by the Administrator pursuant to RMC 4-9-030. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be re-opened 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 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: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Bindaas Restaurant, Bar & Banquet Walk-Up Window Land Use File Number: LUA24-000046, CUP-A Date of Report Error! Reference source not found. Staff Contact Jill Ding Senior Planner Project Contact/Applicant Runika Tiwari and Abhishek S Makkar 15111 SE 43rd St, Bellevue, WA 98006 Project Location 811 S 3rd St, Renton, WA 98057 The following exhibits are included with the Administrative Modification Report: Exhibit 1: Administrative Decision Exhibit 2: Conditional Use Permit Justification Exhibit 3: Plan Set Exhibit 4: Ordinance No. 6127 Exhibit 5: Transportation Concurrency Exhibit 6: Advisory Notes DocuSign Envelope ID: 6D919735-4AE7-4A01-A55A-6AEE8BC6E431