HomeMy WebLinkAboutD_CastleAutoMOD_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
D_CastleAutoMOD_Final
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: March 12, 2024
Project File Number: PR23-000109
Project Name: Castle Auto Sales
Land Use File Number: LUA24-000022, ECF, MOD
Project Manager: Andrew Van Gordon, Associate Planner
Owner: Graham Real Ventures, LLC, 18811 16th Ave S, SeaTac, WA 98188
Applicant: Matt Afkhami, Castle Auto Sales, 805 SW 10th St, Renton, WA 98057
Contact: Chris Davidson, JCR Collective, 950 Broadway, Suite M-100, Tacoma, WA 98402
Project Location: 805 SW 10th St (APN 2423049025)
Project Summary: The applicant, Castle Auto Sales, is requesting an Environmental Threshold
Determination (SEPA) and modification to refuse and recycling standards (RMC 4-4-
090, Refuse and Recyclables Standards) to permit a small vehicle sales use at 805 SW
10th St. The project does not propose alterations to the existing building or site. The
project is within the Medium Industrial (IM) zone and Auto Mall Area B overlay. The
City's mapping system indicates that site is within a High Seismic Hazard Area. The
request is in response to CODE23-000149.
Site Area: 1.00 acre (43,583 square feet)
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 2 of 7
D_CastleAutoMOD_Final
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
Exhibit 4: Photo of Existing Enclosure
Exhibit 5: Landscape Plan
Exhibit 6: Warning of Violation letter, dated April 28, 2023
Exhibit 7: Tier 1 Temporary Use Permit Evaluation & Decision dated July 13, 2023
Exhibit 8: Tree Removal Plan
Exhibit 9: Correspondence from Republic Services dated December 14, 2023
C. PROJECT DESCRIPTION/BACKGROUND
On April 28, 2023, CODE23-000149 (Exhibit 6) was opened by a City of Renton Code Compliance Inspector due to
unpermitted signage. It was found during initial compliance review that Castle Auto Sales had opened for business
without required City permits and review. A Tier 1 Temporary Use Permit (LUA23-000229) was issued July 13,
2023, to allow for the business to stay open while needed permits and reviews were completed (Exhibit 7).
Application was made December 28, 2023, for a building permit (B23006357). It is currently being reviewed
concurrently with the land use permits by various divisions to ensure any needed tenant improvements required
for the change of use are made. The applicant has proposed no improvements to the building itself. Existing
vegetation is located on the property. Per the tree report by Design Two Four/Two Six, dated November 21, 2023,
19 existing trees are located on site. Six (6) are proposed to be removed with an additional four (4) to be removed
within the SW Grady Way right-of-way (Exhibit 8).
D. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on January
19, 2024 and determined the application complete onFebruary 7, 2024. 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 805 SW 10th St (APN 2423049025).
4. The project site is currently developed with an existing building and an associated surface parking lot.
5. Access to the site would be provided via three (3) driveways from SW 10th St.
6. The property is located within the Error! Reference source not found. Comprehensive Plan land use
designation.
7. The site is located within the Error! Reference source not found. zoning classification.
8. There are approximately 19 trees located on-site, of which the applicant is proposing to retain a total of
13 trees.
9. The site is mapped within a High Seismic Hazard Area.
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 3 of 7
D_CastleAutoMOD_Final
10. The applicant is proposing to begin construction as soon as all land use and development permits are
approved and end as soon as possible.
11. 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.
12. Modification Analysis: The applicant is requesting three (3) modifications. The first is a modification from
RMC 4-4-090C.9, “Screening of Deposit Areas” to maintain the existing screening fence height of five feet
(5’). The code citation from above states, “Garbage dumpsters, refuse compactor areas, and recycling
collection areas must be fenced or screened. A six-foot (6') wall or fence shall enclose any outdoor refuse
or recyclables deposit area. In cases where Zoning Code fencing provisions conflict with the six-foot (6')
wall or fence requirement, the Zoning Code provisions shall rule. Refuse and recyclables deposit areas
located in industrial developments that are greater than one hundred feet (100') from residentially zoned
property are exempted from this wall or fence requirement.”
The applicant is requesting a second modification from RMC 4-4-090C.10, “Minimum Gate Opening and
Minimum Vertical Clearance” to maintain the existing opening width of six-and-a-half feet (6.5’). The code
citation from above states, “Enclosures for outdoor refuse or recyclables deposit areas/collection points
and separate buildings used primarily to contain a refuse or recyclables deposit area/collection point shall
have gate openings at least twelve feet (12') wide for haulers. In addition, the gate opening for any
separate building or other roofed structure used primarily as a refuse or recyclables deposit
area/collection point shall have a vertical clearance of at least eleven feet (11'), but no more than fourteen
feet (14').”
The applicant is requesting a third modification from RMC 4-4-090E.4, “Manufacturing and Other Non-
Residential Developments – Minimum Size” to maintain the existing refuse and recycling area of 29.25
square feet. The citation from above states, “In manufacturing and other nonresidential developments, a
minimum of three (3) square feet per every one thousand (1,000) square feet of building gross floor area
shall be provided for recyclables deposit areas and a minimum of six (6) square feet per one tho usand
(1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum
area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas.”
The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all
conditions of approval are met. Therefore, staff is recommending approval of the requested modification,
subject to conditions as noted below:
Compliance Modification Criteria and Analysis
Compliant if
condition of
approval is
met
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 applicant contends that there is no clear policy in the
comprehensive plan for refuse and recycling storage (Exhibit 2). Additionally, they
contend that the existing size and design meet policies and objectives because the
enclosure is screened from public view by slatted fence with landscaping surrounding it.
It is the minimum adjustment necessary as a single two (2)-yard weather tight container
on wheels is used and wheeled to the curb on SW 10th St on trash day; this setup is
acceptable by Republic Services (Exhibit 9).
Staff concurs that the proposed modifications are the minimum adjustment necessary
to implement these policies and objectives. Per the correspondence from Republic
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 4 of 7
D_CastleAutoMOD_Final
Services the current level of service provided to the applicant is adequate for a two (2)
-yard container. The existing space is 29.25 square feet which accommodates the
current container. Without deviation, the applicant would need to provide 100 square
feet which would more than triple the size of the enclosure while providing no
discernable benefit as it would be unused space at this time. Additionally, the existing
enclosure does provide screening through an existing five-foot (5’) tall fence with slats
and appropriate entry. Haulers will not be entering the site, rather the container will be
placed at SW 10th St on the assigned service day for pickup once per week. As such, the
current existing design is the minimum necessary as it is the minimum needed for the
refuse and recycling enclosure to accommodate sizing, screening and entry accessibility.
As proposed, staff does not concur that the modifications implement the policy direction
of the Comprehensive Plan. Land Use Element Policy L-13 states: “Enhance the safety
and attractiveness of the Automall with landscaping, signage and development
standards that create the feeling of a cohesive business district.” The provided
photograph of the existing enclosure (Exhibit 4) shows that the enclosure is constructed
of chain link fencing with some slats and English Ivy climbing a portion of the fencing.
The neighboring property to the east can be seen in the background. The surrounding
area appears to have been mostly cleared with bare dirt or landscaping bark
surrounding the enclosure. The landscape plan (Exhibit 5) also indicates that there is no
substantive vegetation beyond a small patch of English Ivy and some nearby Creeping
St. Johnswort. There is no gate on the opening of the enclosure; however, the site plan
(Exhibit 3) shows the opening would be facing the existing building and unlikely to be
seen by the public.
In general, all new small vehicle sales would be required to meet the screening and
sizing standards for refuse and recyclables enclosures. While the proposal does not
meet the prescribed standards, the size is appropriate for the containers and the
opening is an appropriate size for collection. While the existing fencing doesn’t comply
with the minimum six-foot (6’) fence or wall height, as it is only five feet (5’) tall, it does
provide some screening. However, sight obscuring screening vegetation, with a
minimum height of six feet (6’), could be planted around the enclosure’s exterior,
specifically, around the sides and rear of the enclosure. The plantings would effectively
function the same as a six-foot (6’) tall fence or wall with the existing building effectively
acting as a gate to obstruct the view into the enclosure without the need for
construction of a new outdoor refuse and recycling deposit area enclosure. The
combination of these items (size, entry, vegetation) would be in line with Policy-L13.
Even though the proposed modifications do not meet the prescribed standards they can
be functionally the same and create a feeling of cohesiveness as all new small vehicle
sales uses within the Automall district are required to provide minimum screening and
minimum sizing for refuse and recyclable enclosures. As such, staff recommends as a
condition of approval that the applicant provide a revised landscaping plan with the
associated building permit (B23006357) showing a landscaped planting strip, minimum
three feet (3’) wide, abutting the exterior of the fence surrounding the sides and rear of
the dumpster enclosure. Vegetation shall be chosen such that at maturity it will be at
least six feet (6’) tall and 100 percent (100%) sight obscuring. The plan shall be reviewed
and approved by the Current Planning Project Manager prior to building permit
approval.
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 5 of 7
D_CastleAutoMOD_Final
Compliant if
condition of
approval is
met
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 design is appropriate as the
agreement between Castle Auto Sales and Republic Services mitigates concerns of
safety, function, maintainability, and service.
Staff concurs the proposed modification would meet the objectives intended by the code
requirements for safety, function and environmental protection. As spoken to in
criterion ‘a’ Castle Auto Sales and Republic Services have an agreement on how refuse
and recycling would be stored and removed. As stated in the justification, the container
is weather tight to provide weather protection. Staff has also not seen indication that
the container would cause an environmental issue.
With regards to appearance of the existing refuse and recycling deposit area, the
applicant provided a photograph of the existing enclosure. See criterion ‘a’ for more
information regarding the existing enclosure design. Sight obscuring screening
vegetation, with a minimum height of six feet (6’), could be planted around the
enclosure’s exterior, specifically, around the sides and rear of the deposit area. This
would effectively function as the same as a six-foot (6’) tall fence or wall without the
need for construction of a new outdoor refuse and recycling deposit area enclosure. See
criterion ‘a’ for additional information regarding vegetation screening.
With regards to maintainability, staff has not seen evidence that the proposed design
would have an issue being maintained. However, maintenance also refers to future
needs and requirements. The current design and approval of the modification would not
preclude an increase in size or design of the refuse and recycling enclosure area to meet
future refuse, recycling, or organics collection requirements. As such, to ensure that
there is flexibility to meet future needs and requirements, staff recommends as a
condition of approval that the refuse and recycling enclosure shall be modified to
incorporate the City of Renton’s Sustainability and Solid Waste Division requirements
as needed in the future. The revised enclosure shall continue to meet conditions of
approval from this land use permit.
✓
c. Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment: The applicant contends that because the existing enclosure and pick-up
arrangement has been in place prior to Castle Auto Sales beginning tenancy and the
enclosure is substantially screened from public view, the proposal will not create
substantial adverse impacts to other property(ies) in the vicinity.
Staff has not seen evidence that the deviation will create substantial adverse impacts
to other properties in the vicinity. The enclosure is appropriately sized for the current
needs and will be screened per the conditions of approval.
✓
d. Conforms to the intent and purpose of the Code; and
Staff Comment: See comments under criterion ‘b’.
✓
e. Can be shown to be justified and required for the use and situation intended.
Staff Comment: See comments under criterion ‘b’.
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 6 of 7
D_CastleAutoMOD_Final
E. DECISION:
The proposal satisfies five (5) of the five (5) criteria listed in RMC 4-9-250D for approval of modifications.
Therefore, the Castle Auto Sales, File No. LUA24-000022, ECF, MOD, is approved and is subject to the following
conditions:
1. The applicant shall provide a revised landscaping plan with the associated building permit (B23006357)
showing a landscaped planting strip, minimum three feet-(3’) wide, abutting the exterior of the fence
surrounding the sides and rear of the dumpster enclosure. Vegetation shall be chosen such that at
maturity it will be at least six feet (6’) tall and 100 percent (100%) sight obscuring. The plan shall be
reviewed and approved by the Current Planning Project Manager prior to building permit approval.
2. The refuse and recycling enclosure shall be modified to incorporate the City of Renton’s Sustainability and
Solid Waste Division requirements as needed in the future. The revised enclosure shall continue to meet
conditions of approval from this land use permit.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Matthew Herrera, Planning Director Date
TRANSMITTED on March 12, 2024 to the Owner/Applicant/Contact:
Owner: Applicant: Contact:
Graham Real Ventures, LLC
18811 16th Ave S
SeaTac, WA 98057
Matt Afkhami, Castle Auto Sales
805 SW 10th St
Renton, WA 98057
Chris Davidson, JCR Collective
950 Broadway, Suite M-100
Tacoma, WA 98402
TRANSMITTED on March 12, 2024 to the Parties of Record:
King County Department of Natural Resources
and Parks: Wastewater Treatment Division
Zana Satterwhite, Environmental Planner
201 South Jackson Street, KSC-NR-0502, Seattle
WA 98104
TRANSMITTED on March 12, 2024 to the following:
Brianne Bannwarth, Interim CED Administrator
Justin Johnson, Interim Development Engineering Director
Gina Estep, Economic Development Director
Clark Close, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713
3/12/2024 | 9:46 AM PDT
City of Renton Department of Community & Economic Development
Castle Auto Sales
Administrative Modification Report & Decision
LUA24-000022, ECF, MOD
Report of March 12, 2024 Page 7 of 7
D_CastleAutoMOD_Final
F. 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 26, 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: 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 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: F8F27C4B-69BE-4221-9AFD-6FB504A61713
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Castle Auto Sales
Land Use File Number:
LUA24-000022, ECF, MOD
Date of Report
March 12, 2024
Staff Contact
Andrew Van Gordon
Associate Planner
Project Contact/Applicant
Chris Davidson
JCR Collective
950 Broadway, Suite M-100,
Tacoma, WA 98402
Project Location
805 SW 10th St (APN
2423049025)
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Site Plan
Exhibit 4: Photo of Existing Enclosure
Exhibit 5: Landscape Plan
Exhibit 6: Warning of Violation letter dated April 28, 2023
Exhibit 7: Tier 1 Temporary Use Permit Evaluation & Decision dated July 13, 2023
Exhibit 8: Tree Removal Plan
Exhibit 9: Correspondence from Republic Services dated December 14, 2023
DocuSign Envelope ID: F8F27C4B-69BE-4221-9AFD-6FB504A61713