HomeMy WebLinkAboutDurocher ltr l
Denis Law MayorNIR
City Clerk-Jason A.Seth,CMC
August 16, 2018
Frank Durocher
RJ Development
401 Central St SE
Olympia, WA 98501
Subject: Hearing Examiner's Final Decision
RE: Weatherly Inn Site Plan &Wall Height Modification (LUA18-000011)
Dear Mr. Durocher:
Enclosed please find the Hearing Examiner's Final Decision dated August 15, 2018. This
document is immediately available:
• https://bit.ly/2KtHQDt. This link goes directly to our Hearing Examiner's
Decisions. The Decisions are filed by year and then alphabetical order by project
name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
. ,,cxe
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Matt Herrera,Senior Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Kyle Wunderlin, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record(12)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9
)
10 RE: Weatherly Inn )
FINAL DECISION
11 Site Plan and Wall Height Modification ))
12 )
LUA18-000011 SA-H, MOD )
13 )
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14
15 Summary
16 The applicant has applied for site plan approval, a modification of the width between wall terraces,
17 and a wall height modification for several sections of retaining wall. The applicant has requested a
modification of RMC 4-4-040.C.2.e.i in order to reduce the minimum retaining wall terrace width
18 requirement of equal to the height of the tallest abutting retaining wall. The applicant is also seeking
a modification of the maximum retaining wall height of 8 feet (RMC 4-4-040.E.1. The proposed
19 project is a new assisted living and memory care facility located on the 4500 block of Talbot Road S.
The site plan, wall terrace width modification and wall height modification are approved with
20 conditions.
21 Testimony
22 Staff Testimony
23 Matt Herrera, Renton Senior Planner, summarized the Staff Report. Talbot Road will be rechanneled
with new sidewalks and a planter strip. There will also be a new left turn pocket. The improvements
24 should bring the level of service up to a D, which is the City's adopted LOS standard. There should be
no impact on Carr Road. No signal is required.
25
26 The applicant held a neighborhood meeting on December 13, 2017. There were two comment letters
received (Ex. 21 and 26). Parking was the major concern. The project will provide the 132 code
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required spaces.
2
Applicant Testimony
3
4 Frank Durocher, Project Manager for RJ Development, stated this is the third Weatherly Inn in the
Puget Sound region including two other facilities under the same management in Tacoma and Kent.
5 There is currently a strong demand for senior housing. The project will consist of three stories of
assisted living in 116 units and a half story of memory care units.
6
Austin Groves,Project Manager for RJ Development,noted with respect to the recommended condition
7 of approval #14 from the staff report, that a skilled nursing staff member will always be on site. This
8 is a requirement of the state. He was concerned about the City's wording with respect to the term
"skilled nursing" because this is a term of art that requires a certificate of need. A better term would be
9 "state qualified". However, the examiner noted that this condition of approval was a SEPA mitigation
measure. As the SEPA was not appealed, the examiner has no jurisdiction to change the language of
10 the mitigation measure.
11 Mr. Durocher stated the applicant also had an issue with the requirement for modulation of the south
12 wall. The site is very constrained already. The building footprint is the minimum functional footprint
that will allow for the number and size of units they propose. They would be willing to provide visual
13 modulation of the façade using different building materials and colors, but modulation of the wall face
itself would be very expensive. Also, there is a conflict with the location of the utilities.
14
Staff Rebuttal
15
16 Mr. Herrera stated the staff was trying for flexibility while also recognizing the south facing wall is the
most impactful in that it faces multi-family homes. The City would consider better materials, changes
17 to the roof design or modulation during the design phase. He did not feel a formal modification was
necessary to proceed.
18
Mr. Herrera read Ex. 26 into the record. He noted the facility will provide the required 132 parking
19 spaces including a space for the only planned facility vehicle and five employee parking spaces for the
20 10 staff members. There will be disabled parking and assisted transport for residents.
21 Applicant Rebuttal
22 Mr. Durocher stated the proposal adheres to the Renton Municipal Code in every facet. In the two
23 similar memory care facilities the client operates, they have found that there is less need for parking
than the code requires. The 116 assisted living units will each have a parking space. There will also be
24 a space for every three beds in memory care.
25 Caleb Perkins, Project Manager for RJ Development, stated that the other facilities have many open
parking spaces despite having fewer spaces, approximately 100 parking spaces in the other facilities.
26
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Exhibits
2
The July 31, 2018 Staff Report Exhibits 1-23 identified at Section B of the Staff Report were admitted
3 into the record during the hearing. In addition,the following exhibits were admitted during the hearing.
4
Exhibit 24 City of Renton COR Maps
5 Exhibit 25 City of Renton PowerPoint
Exhibit 26 Public Comment Letter(July 30, 2018)
6
7 Findings of Fact
8 Procedural:
9 1. Applicant. The applicant is JCR Development of 2835 82nd Avenue SE, St. S-1, Mercer
10 Island, Washington 98040.
11 2. Hearing. The Examiner held a hearing on the subject application on July 31, 2018 at 11:00 am
in the City of Renton Council Chambers.
12
Substantive:
13
3. Project Description. The applicant is seeking approval of a site plan and wall height
14 modification to construct an assisted living and memory care facility on the 4500 block of Talbot Road
15 S. The facility will contain 116 assisted living units and 19 memory care units on a 4.62-acre parcel.
There will be 132 surface parking spaces. Access to the site is via a driveway from Talbot Road S. at
16 the intersection with S. 45th Place.
17 The applicant has requested a modification of RMC 4-4-040.C.2.e.i in order to reduce the minimum
retaining wall terrace width requirement of equal to the height of the tallest abutting retaining wall.
18 The applicant is also seeking a modification of the maximum retaining wall height of 8 feet(RMC 4-
19 4-040.E.1. The applicant has proposed retaining wall sections of approximately 165 linear feet long
along the southern portion of the developed site between the building and the property line. This wall
20 will contain sections of between 9 and 9.5 feet in height with terraces between the walls of only 6 feet
in width rather than providing terrace widths equal to the wall height. Along the northern portion of
21 the property,the applicant has proposed a single-tier wall with a 90-linear foot with sections between
22 9 and 10.5 feet. The proposed wall height modifications range between 1-1.5 feet and 1-2.5 feet for
the southern and northern walls, respectively.
23
The City's Critical Areas Map indicates the site contains Geologically Hazardous Areas.
24
The site is zoned Commercial Office (CO) and Residential-1 (R-1). The surrounding land is a mix of
25 uses and zoning designations. To the north is a convalescent center zoned CO. To the east are general
26 office uses in the CO zone. To the south is multi-family residential in the R-14 zone. To the west is
vacant R-1 zoned land.
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4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
2 infrastructure and public services as follows:
3 A. Water and Sewer Service. The site is served by the City of Renton for all utilities. The plan
4 as proposed will provide for adequate water service.There is an existing 12-inch water main
located in Talbot Road S. that can deliver a maximum total flow capacity of 4,200 gallons
5 per minute. Additionally, there is an existing 10-inch water main located in Morris Avenue
6 S. within the abutting property to the south, which is stubbed to the edge of the property
that can deliver a maximum total flow capacity of 1,900 gallons per minute.
7
8 The development will install a minimum 10-inch diameter looped water main extension
around the proposed buildings. This 10-inch main will connect with an existing 12-inch
9 main located in Talbot Road South. This will provide for 4,000 gpm or more to meet
10 preliminary fire flow demand.
11 The development will also require a domestic water meter,a backflow device and a separate
12 meter for landscape irrigation with double check value assembly behind the meter.
13 Sewer service is provided by the City of Renton. The plan as proposed will provide for
14 adequate sewer service. There is an existing 8-inch sewer main in Talbot Road South.
Grease interceptors will be required for any connection from a commercial kitchen to the
15 City's sewer system. The development is subject to wastewater system development
16 charges.
17 B. Fire and Police. Police protection is provided by the City of Renton. Fire protection is
18 provided by the Renton Regional Fire Authority. Adequate services and facilities exist to
service the proposed development provided the applicant provides Code required
19 improvements and pays the applicable fees.The applicant will install fire hydrants,sprinkler
stubs, and backflow prevention devices. Fire impact fees are applicable at the rate of$3.92
20
per square foot of space.
21
C. Drainage. Adequate drainage facilities are proposed. The applicant submitted a preliminary
22 drainage plan and technical information report(TIR)(Ex. 12).The site falls within the Flow
23 Control Duration Standard area matching Forested Site Conditions. It is within the Black
River Drainage Basin. The development is subject to Full Drainage Review in accordance
24 with the 2017 Renton Surface Water Design Manual(RSWDM).The TIR addresses all nine
25 core requirements and the six special requirements.
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There is no stormwater conveyance currently on site.Drainage from the site currently enters
2 a 12-inch storm system running north along the eastern frontage of the property on Talbot
3 Road South. According to the applicant's geotechnical report, the site is not viable for
infiltration due to the high ground water table (Ex. 9).
4
5 The development will provide enhanced basic water quality treatment prior to discharge via
a conveyance to a Modular Wetland system prior to connection to the existing 12-inch PVC
6 stormwater main in Talbot Road South. The proposed StormCapture detention vault located
7 under the parking lot abutting Talbot Road South will be designed to comply with Section
1.4 of the RSWDM.
8
9 The applicant provided a preliminary storm drainage plan (Ex. 13). The applicant will be
required to submit a final drainage plan and drainage report with the civil construction
10 permit application (Ex. 19, pages 4-5, Surface Water).
11 D. Parks/Open Space. The Staff Report did not specifically discuss parks. City development
12 standards do not require any set-asides for parks and open space. The applicant must pay a
Park Impact Fee at the time of building permit issuance.
13
14 The applicant has proposed exterior amenity spaces on the southeast portion of the property
that includes decorative paving and landscaping, art, seating and picnic areas, and a putting
15 green. The memory care patients will have interior courtyards. There will also be an entry
16 plaza with ornamental plantings, a fountain, and seating areas. There will be an enclosed
swimming pool and recreational area.
17
18 E. Access. Access to the site will be from Talbot Road South via a 30-foot wide driveway that
generally aligns with 45th Place S.Talbot Road S. is a collector arterial road with an existing
19 right of way width of 89 feet. The minimum right of way width for this road classification
20 is 94 feet for a three-lane roadway.The applicant will dedicate 2.5 feet of right of way along
Talbot Road South. The applicant will also provide half street improvements including
21 pavement,curb,planting strip, sidewalk, street trees and storm drainage improvements(Ex.
22 17).
23 The access driveway is shared via access easement with the neighboring property. There
24 will be pedestrian circulation areas around the building and connecting to the street. It is
unclear from the plans which drive aisles will be one or two-way. Therefore, a condition of
25 approval will require the applicant to submit a revised site plan with the civil construction
26 permit that provides painted arrow markings to identify direction of travel within the
SITE PLAN & WALL HEIGHT MODIFICATION
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parking vehicle aisles. Loading and delivery areas will be separated physically from the
2 pedestrian areas and the main parking lot.
3
F. Transit and Bicycles. Transit stops are located north of the site at S. 43r1 and Talbot Road
4 S. The project will provide accessible pedestrian access from the building entrance to the
5 public sidewalk.
6 RMC 4-4-080(F)(11)(a) requires bicycle parking spaces at a rate of 10% of the number of
required off-street parking spaces. This results in 60 required bicycle parking spaces. No
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bicycle parking is shown on the applicant's plans. A condition of approval will require the
8 applicant to provide details of off-street bicycle parking for review and approved by the
9 Current Planning Project Manager prior to building permit approval or request a formal
modification from the bicycle parking requirements per RMC 4-9-250D.2 prior to building
10 permit issuance.
11 G. Parking. The project will provide adequate parking. A total of 132 parking spaces are
12 proposed. The City's parking code requires one space per assisted living unit,one per every
three beds in memory care and one space for every two employees plus dedicated space for
13 fleet vehicles (RMC 4-4-080(F)(10)). The proposal provides one space for each of the 116
14 assisted units, five spaces for the 10 employees, 10 spaces for the 30 memory care beds and
a space for the one facility vehicle. In total, the applicant is providing 132 of the required
15 132 parking spaces.The proposed parking spaces and drive aisle dimensions meet minimum
16 requirements.
17
The proposed parking area spans two lots.A condition of approval will require the applicant
18 to obtain a Lot Combination approval from the City to remove the interior lot line which
will result in a single parcel for development.
19
20 5. Adverse Impacts. There are no significant adverse impacts associated with the project.
Adequate infrastructure serves the site as determined in Finding of Fact No. 4. The SEPA MDNS
21 mitigation measures in the Environmental Report (Ex. 1, pages 4-10) are adopted as Conditions of
Approval. All other adverse impacts discernible from the record are also fully mitigated. Impacts are
22 more specifically addressed as follows:
23 A. Structure Placement and Scale. As conditioned, the structure placement and scale are not
24 expected to create undue adverse impact on the adjacent residences. The proposed lot
coverage for the site is approximately 22%, which is significantly lower than the 65%
25 maximum. The maximum height of the building is limited to 20 feet more than the
maximum height of the neighboring R-14 residential zone, or 44 feet. Roofs with a pitch
26 equal to or greater than 4:12 may project an additional 6 vertical feet, resulting in a total
allowable height of 50 feet. The maximum proposed height is 45 feet.
SITE PLAN & WALL HEIGHT MODIFICATION
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However, the height calculation provided on the elevation sheets did not include a grade
2 plane exhibit. A condition of approval will require the applicant to submit an average grade
plane exhibit per RMC 4-11-070 with the building permit application.
3
4 The proposed building is an L-shaped structure located within the center of the property.
The eastern portion of the property will be undeveloped.The western portion of the property
5 will consist of parking and landscaping.
6 The proposed building's South elevation(Ex. 7)directly abuts the neighboring multi-family
development. As proposed, the South elevation is approximately 300 feet in length. The
7 present design provides only nominal articulation and architectural interest as compared
8 with the building's other facades, despite the fact that this face of the building is the most
impactful to surrounding development. The building's bulk and scale, as proposed, are
9 incompatible with the surrounding residential development. Staff recommended a condition
of approval which would require exterior building articulation on the South elevation
10 comparable to the other portions of the building's façade. The applicant testified at hearing
that there are site constraints that limit their ability to provide articulation. The placement
11 of the utility lines limits the façade from articulating further south. The interior space
12 demands limit the reduction of the footprint needed to provide articulation by bringing some
of the southern face inward.The applicant also noted the first two stories of the building are
13 effectively below the grade of the adjacent residential units. Only the top two stories and
roof will be visible.
14
A condition of approval will require the applicant to submit a revised south elevation sheet
15 with the building permit application that provides either a) the exterior building material
16 articulation on the south elevation comparable to the Talbot Road West and North Elevation
— Area 2 elevations as provided on Sheet A3.0 of Ex. 7, or b) submit a revised south
17 elevation sheet and/or landscaping detail plan that demonstrates the south elevation will be
screened via fencing and/or landscaping and demonstrates a south elevation that is visually
18 broken up by the use of alternative roofing, building materials and/or colors. The revised
19 elevation sheet and/or landscaping detail shall be reviewed and approved by the Current
Planning Project Manager prior to building permit issuance.
20
B. Views. No obstruction of existing views of natural features are anticipated as most of the
21 proposed development will be at or below the grade of surrounding development.
22 C. Lighting. The applicant did not submit a lighting plan. A condition of approval will require
23 the applicant to submit a lighting plan for review and approval prior to building permit
issuance.
24
D. Screening. The applicant did not provide sufficient details of roof or surface mounted
25 equipment and/or screening identified for such equipment with the land use application.
Therefore, a condition of approval will require the applicant to submit a separate detailed
26 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
SITE PLAN & WALL HEIGHT MODIFICATION
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reviewed and approved by the Current Planning Project Manager prior to building permit
2 approval.
3 E. Fencing and Retaining Walls. The site plan (Ex. 4) identifies a fence along portions of the
4 northern and southern property lines.There is also a fence along the Talbot Road S.frontage
with a gate at the entrance. It is not clear from the plans if these features meet the City's
5 height requirements. Therefore, a condition of approval will require the applicant to submit
a fence detail sheet as an exhibit to the detailed landscape plan demonstrating compliance
6 with RMC 4-4-080(E).
7 RMC 4-4-040(E)(1) limits retaining wall heights to eight feet high in commercial zones.
8 The applicant has proposed a series of retaining walls to address the slope of the site. The
site slopes from east to west. The applicant has proposed a series of terraced retaining walls
9 along the southern and western portion of the developed property and a single retaining wall
along the northern portion of the property. The grade of the site will be significantly lower
10 than the adjacent residential property to the south. Most of the retaining walls will be six
feet in height or less. However, portions are proposed to exceed the maximum height. The
11 applicant is proposing to construct a 165 linear foot long retaining wall along the southern
12 portion of the developed site between the building and the property line. This wall will be
between 9 and 9.5 feet in height. Along the northern portion of the property, the applicant
13 has proposed a single-tier wall with a 90-linear foot section between 9 and 10.5 feet.
14 The applicant is seeking a modification of the maximum retaining wall height of 8 feet
(RMC 4-4-040.E.1). The proposed wall height modifications range between 1-1.5 feet and
15 1-2.5 feet for the southern and northern walls, respectively.
16
RMC 4-4-040.C.2.e.i requires the minimum retaining wall terrace width requirement to be
17 equal to the height of the tallest abutting retaining wall. The applicant has proposed
retaining wall sections with terraces between the walls of only 6 feet in width rather than
18 providing terrace widths equal to the wall height.
19 F. Refuse and Recycling. The proposal provides for insufficient refuse and recycling space.
20 A development of this type and scale is required to provide a minimum of 622sf of
combined refuse and recyclable deposit areas. At a proposed 200sf,the applicant proposes
21 less than a third of the required space. The plans do not conform to the required enclosure
materials and screening. A condition of approval will require the applicant to submit a
22 revised site plan demonstrating compliance with the refuse and recycling requirements
23 pursuant to RMC 4-4-090(C) or seek approval of a formal modification of the standards.
24 G. Natural Features and Landscaping. As noted in FOF Nos. 5E and I,the site has a significant
natural grade which will necessitate both cut and fill and the installation of large retaining
25 walls and terracing. Approximately 30,000 cubic yards of material will be cut on site.
Approximately 5000 cubic yards of fill will be brought to the site if the native materials
26 prove unsuitable for use as fill.
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There are approximately 306 trees on site, 252 of which are considered significant (Ex. 14
2 and 15). The applicant is proposing to retain 43 significant trees, which constitutes 17%of
the total number of significant trees. The City's tree retention standards require retention of
3 10%of the significant trees. The retained trees are located on the site's sensitive slope area
4 (See FOF No. 5I) along the eastern portion of the property. This portion of the site will
remain undeveloped.
5
RMC 4-4-070 requires a 10-foot landscape strip along all public street frontages with
6 additional minimum planting strip widths between the curb and sidewalk (RMC 4-6-060).
Parking areas must also have perimeter landscaping as well as interior landscaping with
7 trees, shrubs and groundcover. The amount of landscaping is dependent on the size of the
8 parking lot. Additionally, the development is required to provide a 15-foot wide partially
sight obscuring landscaped visual barrier or a 10-foot wide fully sight obscuring
9 landscaping barrier along the southern property line adjacent to the residential zone.
10 The applicant provided a conceptual landscape plan (Ex. 5) proposing a mix of evergreen
and deciduous trees, shrubs and groundcover and lawn areas. The applicant will be required
11 to submit a detailed landscape plan demonstrating compliance with RMC 4-8-120 at the
12 time of building permit submittal.
13 The applicant's conceptual landscape plan does not demonstrate compliance with the
parking lot landscaping requirements. Conditions of approval will require the applicant to
14 submit a detailed landscape plan demonstrating compliance with the parking lot interior
landscaping and perimeter landscaping requirements of RMC 4-4-070(H)(4).
15
16 The applicant's conceptual landscape plan does not clearly demonstrate that the proposed
landscaping meets the screen requirements abutting the residential zone. A condition of
17 approval will require the applicant to provide a cross-section exhibit with the detailed
landscaping plan that demonstrates compliance with RMC 4-4-070(H)(2) and (3).
18
19 The applicant's conceptual landscape plan does not demonstrate compliance with the
frontage improvement landscaping requirements, specifically with respect to street trees. A
20 condition of approval will require the applicant to select a street tree from the City's
Approved Street Tree List for the Talbot Road South planter strip.
21
H. Traffic Impact.No significant increase in traffic is anticipated as a result of the project. The
22 applicant's traffic impact analysis(Ex. 16)demonstrates the project will generate more than
23 20 AM and PM peak hour trips. Specifically, the project is expected to generate 30 AM
peak hour trips and 41 PM peak hour trips. The existing level of service (LOS) for the
24 intersection of Talbot Road S. and S. 43`d/S. Carr Road is currently at LOS E. The project
improvements are expected to bring the LOS up to D or better, thereby meeting the City's
25 adopted standard. Traffic concurrency pursuant to RMC 4-6-070(D) will be achieved (Ex
18). Increased traffic created by the development will be mitigated by payment of a
26 Transportation Impact Fee. Currently, this fee is assessed at $1,464.90 per assisted living
unit and$893.23 per memory care bed. Fees are due at the time of building permit issuance.
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2 I. Critical Areas. No impacts to critical areas are anticipated. The City COR maps (Ex. 24)
3 indicate the presence of regulated slopes with potential landslide and erosion hazards on the
eastern portion of the property. The applicant's geotechnical report (Ex. 9) indicates the
4 subject property maintains a general gradient of 30%on the eastern portion of the site while
5 elsewhere the gradient is approximately 10%. The eastern portion of the site contains
sensitive slopes averaging between 25-40%. A few isolated portions of the site qualify for
6 protected slope status with 40%slopes over a vertical rise of 15 feet.This portion of the site
7 also meets the criteria for a medium landslide hazard area with slopes between 15-40%and
underlain by glacially consolidated deposits.
8
9 The applicant does not propose any development or improvements within the protected
slope areas. The geotechnical report does not recommend any buffers or setbacks for the
10 sensitive or medium landslide areas, provided the applicant follows the recommendations
11 of the report. The recommendations of the geotechnical report (Ex. 9) were incorporated
into the SEPA mitigation measures(Ex. 1),which are themselves incorporated as conditions
12 of approval herein.
13 The City's Critical Areas Regulations require Native Growth Protection Areas for protected
14 slopes and their buffers and for high landslide hazard areas and their associated buffers. A
condition of approval will require the applicant to submit a topographic survey delineating
15 the sensitive slope and landslide hazard areas and their associated buffers. The survey
16 should provide setbacks and establish a protective easement per RMC 4-3-050(G)(3)(e)(iii).
17
Conclusions of Law
18
19 1. Authority. RMC 4-9-200(B)(2)(a)requires site plan review for all development in the CO zone.
20 RMC 4-9-200(D)(2)(b) defines this project as a Large Project Scale subject to review and approval by
the hearing examiner. The project will result in a cumulative of over 100 attached residential units
21 (RMC 4-9-200(D)(2)(b)(i)). The site plan is classified as a Type III permit by RMC 4-8-080(G). RMC
22 4-8-080(G) classifies modifications, deviations and alternatives of various code standards, such as the
wall standard modification request in this proposal, as Type I permits, which are administratively
23 approved by Staff with no required hearing. The applicant requested a wall standard modification to
24 reduce the width of terraces and to increase the wall height. Both of the aforementioned permits have
been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under"the
25 highest-number procedure."The site plan has the highest numbered review procedures, so both permits
must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the
26
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Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed
2 record appeal to the City Council.
3 2. Zoning/Comprehensive Plan Designations. The site is zoned Commercial Office (CO) and
4 Residential-1 (R-1).The Comprehensive Plan Land Use Designation is Commercial Mixed Use(CMU)
and Residential-1 (R-1).
5
3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3). Wall
6 modifications are governed by the decision criteria of RMC 4-9-250(D)(2). All applicable criteria are
7 quoted below in italics and applied through corresponding conclusions of law.
8 Site Plan
9 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
10 compliance with the following:
1 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
12
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies,
13 especially those of the applicable land use designation; the Community Design Element; and
14 any applicable adopted Neighborhood Plan;
15 ii. Applicable land use regulations;
16 iii. Relevant Planned Action Ordinance and Development Agreements; and
17
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
18 100.
19 4. As discussed in Conclusions of Law Nos.4 and 5, and as conditioned,the proposal is consistent
20 with the City's development and design regulations.The proposal is consistent with the Comprehensive
Plan for the reasons stated in Section H, Finding of Fact No. 16, Page 4-5 of the Staff Report. The
21 proposal does not qualify as a Planned Action Ordinance. The Staff Report Findings of Fact and
Conclusions of Law are adopted and incorporated by reference as if set forth in full.
22
RMC 4-9-200(E)(3)(b): Off-Site Impacts:Mitigation of impacts to surrounding properties and
23 uses, including:
24
i. Structures: Restricting overscale structures and overconcentration of development on a
25 particular portion of the site;
26
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4111111.
1 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
2 and adjacent properties;
3 iii. Loading and Storage Areas:Locating, designing and screening storage areas, utilities,
4 rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
5
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
6 to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
8 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
9
10 vi.Lighting:Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
11
5. As described in FOF No. 5A, the proposed building is restricted in height because it abuts a
12 residential zone. The height and roof pitch are proportionate with the adjacent multi-family residential
development. The proposed development's southern elevation does not provide for adequate
13 articulation or visual interest. Therefore, a condition of approval will require the applicant to provide
14 articulation, modulation of materials, enhanced screening or some combination of those things to
provide visual interest and break up the bulk of the wall. The eastern portion of the site is encumbered
15 by steep slope critical areas.The development will occur in the central portion of the site and will avoid
overconcentration of development in any one portion of the site. As conditioned, the site will provide
16 adequate transitions and linkages between uses and streets for multiple modes of transportation.
Loading and storage areas will be physically separated from pedestrian areas. As conditioned, refuse
17 and recycling areas will be adequate in size and properly screened from view. No views will be
18 obstructed by the development. As discussed in COL No. 6, the applicant has provided a conceptual
landscape plan (Ex. 5) that must be modified to meet the City's requirements, though it appears the
19 property perimeter buffer widths are provided. As conditioned, the landscaping will reduce noise and
glare, maintain privacy and enhance the appearance of the project. No lighting plan was provided. As
20 noted in FOF No. 5C, a condition of approval will require the applicant to submit a lighting plan. As
proposed and conditioned, no off-site impacts are anticipated.
21
22 RMC 4-9-200(E)(3)(c): On-Site Impacts:Mitigation of impacts to the site, including:
23 i. Structure Placement:Provisions for privacy and noise reduction by building placement,
24 spacing and orientation;
25 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
26 and vehicle needs;
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1 iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
2 and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces; and
3
4 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
5 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.
6
7 6. As noted above in COL No. 5 and as conditioned,the structure placement and scale will provide
for privacy and noise reduction by placing the first two floors of the building below the grade of the
8 adjacent residential development to the south. As conditioned, the existing steep slopes, landslide
hazard areas and their associated buffers will be protected by a Native Growth Protection Area
9 easement (See FOF No. 51). As noted above in COL No. 5G, the project is required to provide
landscaped frontage improvements along Talbot Road South, an enhanced landscape screening strip
10 along the southern boundary adjacent to the residences, parking lot perimeter buffering, and interior
11 parking lot landscaping. None of these areas adequately demonstrate compliance with the City's
standards in the applicant's conceptual landscape plan (Ex. 5). Therefore, several conditions of
12 approval will require the applicant to provide more detailed landscaping plans to demonstrate
compliance with RMC 4-4-070, 4-6-060 and 4-8-120. There is nothing in the record to reasonably
13 suggest that the scale, spacing and orientation of the project could be modified to provide for more
privacy and noise reduction within the project site without unreasonably interfering with the objectives
14 of the facility. As conditioned and with further articulation, facade treatment or screening of the
15 southern façade, the scale of the facility will not create any adverse on-site or off-site impacts. In
addition, there is nothing in the record to reasonably suggest that the on-site scale of the project is
16 incompatible with sunlight, prevailing winds or natural characteristics. The comments by Staff on this
criterion, at Finding No. 20, are adopted by this reference and incorporated as if set forth in full. This
17 criterion is satisfied.
18 RMC 4-9-200(E)(3)(d):Access and Circulation:Safe and efficient access and circulation for all
19 users, including:
20 i. Location and Consolidation: Providing access points on side streets or frontage streets
21 rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
22
ii. Internal Circulation:Promoting safety and efficiency of the internal circulation system,
23 including the location, design and dimensions of vehicular and pedestrian access points,
24 drives,parking, turnarounds, walkways, bikeways, and emergency access ways;
25 iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
26
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
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1 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
2 buildings,public sidewalks and adjacent properties.
3 7. The proposal provides for adequate access and circulation as required by the criterion above
4 for the reasons identified in Finding of Fact No. 4E-4G and 5H.
5 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
6 site.
7 8. Other than the required landscape buffers in setbacks and the steep and protected slope areas,the
8 City has not proposed incorporating open space. However, the applicant will provide common areas in
inside courtyards and outdoor recreational amenities and open space. This criterion is satisfied.
9
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
10 shorelines and Mt. Rainier, and incorporating public access to shorelines.
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9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. As noted in
12 FOF No. 5B, no views are affected.
13 RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
14 systems where applicable.
15 10. As described in FOF No. 5I and as conditioned, there are no anticipated impacts to the
Geologically Hazardous Areas or sensitive slopes. There are no other natural systems at the site or that
16 would be affected by the proposal.
17
RMC 4-9-200(E)(3)(h): Services and Infrastructure:Making available public services and facilities
18 to accommodate the proposed use.
19 11. The project is served by adequate services and facilities as determined in Finding of Fact No.
20 4.
21 RMC 4-9-200(E)(3)(i): Phasing:Including a detailed sequencing plan with development phases and
estimated time frames,for phased projects.
22
23 12. No further phasing is proposed.
24 Wall Modification
25 RMC 4-9-250(A)(3): Modification: To modify a Code requirement when there are practical
difficulties involved in carrying out the provisions of this Title when a special individual reason makes
26 the strict letter of this Code impractical.
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1
2
RMC 4-9-250(D)(2): Decision Criteria: Whenever there are practical difficulties involved in carrying
3 out the provisions of this Title, the Department Administrator may grant modifications for individual
4 cases provided he/she shall first find that a specific reason makes the strict letter of this Code
impractical, that the intent and purpose of the governing land use designation of the Comprehensive
5 Plan is met and that the modification is in conformity with the intent and purpose of this Code, and
that such modification:
6
7 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
8 modification is the minimum adjustment necessary to implement these policies and objectives;
9 b. Will meet the objectives and safety, function, appearance, environmental protection and
10 maintainability intended by the Code requirements, based upon sound engineering judgment;
11 c. Will not be injurious to other property(ies) in the vicinity;
12 d. Conforms to the intent and purpose of the Code;
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e. Can be shown to be justified and required for the use and situation intended; and
14
f Will not create adverse impacts to other property(ies) in the vicinity.
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13. As described in Finding of Fact Nos. 3 and 5E, the applicant has requested a modification of
16 RMC 4-4-040.C.2.e.i in order to reduce the minimum retaining wall terrace width requirement of equal
17 to the height of the tallest abutting retaining wall. The applicant is also seeking a modification of the
maximum retaining wall height of 8 feet (RMC 4-4-040.E.1). The applicant has proposed retaining
18 wall sections of approximately 165 linear feet long along the southern portion of the developed site
between the building and the property line. Portions of this wall will be between 9 and 9.5 feet in height
19 with terraces between the walls of only 6 feet in width rather than providing terrace widths equal to the
wall height. Along the northern portion of the property, the applicant has proposed a single-tier wall
20 with a 90-linear foot with sections between 9 and 10.5 feet. The proposed wall height modifications
21 range between 1-1.5 feet and 1-2.5 feet for the southern and northern walls, respectively.
22 The proposed increase in retaining wall height and reduction in terrace widths will not affect the overall
project's ability to meet the policy objectives of the Comprehensive Plan. As conditioned, sensitive
23 areas will be maintained. The proposed modification allows the project to be more rather than less
compatible with surrounding land uses in that the lowest elevation of the building will be substantially
24 below the grade of the adjacent residential development. Only the top two floors with be visible. As
25 conditioned, those floors will be screened from view from the abutting properties and/or the façade
will be broken up through the use of alternating colors and building materials. Additionally, the
26 increase in retaining wall height is limited to relatively short sections along the southern and northern
borders. The majority of the retaining wall on either side of the site will be below six feet in height,
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1
which is lower than the 8-foot maximum height allowed in the zone. A condition of approval will
2 require landscape screening along the northern portion of the wall in areas that are in excess of 8-feet
to soften the appearance for residents within the proposed development.
3
4 As proposed and conditioned, the retaining wall construction will adhere to the recommendations in
the geotechnical report(Ex. 9).These conditions should ensure that the increased retaining wall heights
5 maintain safety, function, appearance and environmental protection. According to the applicant, the
increased wall heights and reduced terrace widths are the minimum measures necessary to provide an
6 adequate and feasible building footprint while also protecting critical areas, allowing for utilities and
providing the appropriate buffers and landscaping. The proposed configuration also allows for the
7 developable area of the site to be made level, which is necessary for the mobility of the senior
8 population of the facility. The staff concurs with the applicant's assessment.
9 The applicant did not provide details of the materials that will be used in the walls. A condition of
approval will require the applicant to submit a detail sheet in the detailed landscape plan that indicates
10 the retaining wall materials.
11 The retaining walls will not be directly injurious to other properties in the vicinity for reasons noted
12 above. The retaining walls will require their own separate building permit. The permit application for
these plans must be signed and sealed by a licensed geotechnical engineer. The decision criteria for the
13 modifications are satisfied.
14 Decision
15 As conditioned below,the site plan, wall terrace width modification and wall height modification are
16 approved, subject to the following conditions:
17 1. The applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated June 11, 2018.
18
19 2. The applicant shall submit an average grade plane exhibit per RMC 4-11-070 with the building
permit application that demonstrates the height of the building is compliant with the 44-foot
20 maximum wall plate height and 6-foot 4:12 roof projection. The average grade plan exhibit
shall be reviewed and approved by the Current Planning Project Manager prior to building
21 permit issuance.
22 3. The applicant shall clearly identify on the detailed landscape plan submitted with the building
23 permit that the perimeter landscaping screen between the parking lot and Talbot Road S.
contains the minimum rates of trees, shrubs, and groundcover plantings as identified in RMC
24 4-4-070H.4. The detailed landscape plan shall be reviewed and approved by the Current
Planning Project Manager prior to building permit issuance.
25
4. The applicant shall clearly identify on the detailed landscape plan submitted with the building
26 permit the dimensions of each of the interior parking lot landscaping areas and that each area
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contains the minimum rates of trees, shrubs, and groundcover identified in RMC 4-4-070H.5.
2 Credit for interior parking lot landscaping will only be given to those areas meeting the 8-foot
by 12-foot minimum requirement. The detailed landscape plan shall be reviewed and
3 approved by the Current Planning Project Manager prior to building permit issuance.
4 5. The applicant shall provide a cross-section exhibit with the detailed landscaping plan that
5 demonstrates the proposed planting species,rate, and location will provide the required visual
barrier as identified in RMC 4-4-070H.2 and 3. The detailed landscape plan shall be reviewed
6 and approved by the Current Planning Project Manager prior to building permit issuance.
7 6. The applicant shall select a street tree from the City's Approved Street Tree List available on
8 the City's website for the Talbot Rd. S. planter strip. Street tree species and spacing shall be
shown on the detailed landscape plan to be submitted with the civil construction permit and
9 reviewed and approved by the Current Planning Project Manager prior to permit issuance.
10 7. 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
11 application. The plan shall be reviewed and approved by the Current Planning Project
12 Manager prior to building permit issuance.
13 8. The applicant shall submit a revised site plan with the building permit application that
provides at least the minimum required square footage for refuse and recyclables enclosure or
14 submit a formal modification from the refuse and recycling standards prior to building permit
application submittal. Additionally, the applicant shall submit a detail sheet that provides the
15 enclosure materials which are consistent with the architectural design of the building contains
16 a minimum 6-foot high screen, and those applicable items as identified in RMC 4-4-090C.
The revised site plan shall be reviewed and approved by the Current Planning Project Manager
17 prior to building permit issuance.
18 9. The applicant shall obtain Lot Combination approval from the City to remove the interior lot
19 line of the subject property resulting in a single parcel for development. The Lot Combination
document shall be recorded with the King County Recorder's Office prior to the issuance of
20 the principal building's Certificate of Occupancy.
21 10. The applicant shall submit a revised site plan with the civil construction permit application
that provides delineation for the portion of the pedestrian access that traverses the surface
22 parking lot. The delineation shall contrast with the surface parking paving by material and
23 texture such as stamped concrete,pavers, or comparable materials. The revised site plan shall
be reviewed and approved by the Current Planning Project Manager prior to civil construction
24 permit issuance.
25 11. The applicant shall submit a fence detail sheet as an exhibit to the detailed landscape plan with
the building permit application. The detail sheet shall identify the height and materials for the
26 proposed fence and gate and comply with RMC 4-4-080E. the detail shall be reviewed and
approved by the Current Planning Project Manager prior to building permit issuance.
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snrn►
1
2 12. The applicant shall prepare a topographic survey that clearly delineates those areas meeting
the protected slope and high landslide criteria along with their associated buffers and setbacks
3 and establish a protective easement per RMC 4-3-050G.3.e.iii. The protective easement
4 language shall be reviewed and approved by the Current Planning Project Manager prior to
recording the document with the King County Recorder's Office. The document shall be
5 recorded prior to the Certificate of Occupancy for the principal building.
6 13. The applicant shall submit a revised south elevation sheet with the building permit application
that provides exterior building material articulation on the south elevation comparable to the
7 Talbot Road West and North Elevation — Area 2 elevations as provided on Sheet A3.0 of
8 Exhibit 7. Alternatively, the applicant shall submit a revised south elevation sheet and/or
landscaping detail plan that demonstrates the South elevation will be screened via fencing
9 and/or landscaping and demonstrates a South elevation that is visually broken up by the use
of alternative roofing, building materials and/or colors. The revised elevation sheet and/or
10 landscaping detail shall be reviewed and approved by the Current Planning Project Manager
prior to building permit issuance.
11
12 14. The applicant shall submit a lighting plan with the building permit application. The lighting
plan shall be reviewed and approved by the Current Planning Project Manager prior to
13 building permit issuance.
14 15. The applicant shall submit a revised site plan with the civil construction permit that provides
painted arrow markings to identify direction of travel within the parking lot vehicle aisles.
15 The revised site plan shall be reviewed and approved by the Current Planning Project Manager
16 prior to civil construction permit issuance.
17 16. The applicant shall provide details of off-street bicycle parking for review and approved by
the Current Planning Project Manager prior to building permit approval or request a formal
18 modification from the bicycle parking requirements per RMC 4-9-250D.2 prior to building
permit issuance.
19
20 17. The applicant shall provide a mix of evergreen trees and shrubs at the base of all retaining
wall sections that are 8 feet in height and above.The trees and shrubs shall be planted at a size
21 and rate so they will provide an immediate visual buffer at the time of planting.These retaining
wall plantings shall be shown on the detailed landscape plan submitted with the building
22 permit application to be reviewed and approved by the Current Planning Project Manager
23 prior to building permit issuance.
24 18. The applicant shall provide a detail sheet on the detailed landscape plan that indicates the
retaining wall materials, which shall be brick, rock, or other masonry product that
25 complements the building and property. The detail sheet shall be submitted with the building
permit application to be reviewed approved by the Current Planning Project Manager prior to
26 building permit issuance.
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2 DATED this 15th day of August 2018.
3
4 Emily Terre 1
5 City of Renton Hearing Examiner
6 Appeal Right and Valuation Notices
7 RMC 4-8-080(G)classifies the application(s)subject to this decision as Type III application(s)subject
to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner's decision
8 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.
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10 Affected property owners may request a change in valuation for property tax purposes notwithstanding
any program of revaluation.
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