HomeMy WebLinkAboutTopgolf Letter & Decision Denis Law Mayor
City Clerk-Jason A.Seth,CMC
August 20, 2019
Navix Engineering
Jenelle Taflin
11235 SE 6th ST
Bellevue, WA 98004
Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision
RE: Topgolf Conditional Use & Site Plan (LUA-19-000094)
Dear Ms. Taflin:
Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision dated August 19, 2019. Also, this document is immediately available on our
website:
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Land
Use 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,
ason . C
City Clerk
cc: Hearing Examiner
Clerk Close, Senior Planner
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record(11)
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 )
10 RE: Topgolf )
) FINDINGS OF FACT,
11 Master Plan, Site Plan, Conditional Use, ) CONCLUSIONS OF LAW AND
Variance, and Street Modification ) FINAL DECISION
12 )
LUA19-000094, SA-M, SA-H, CU-H, ECF, )
13 V-A, V-A, MOD )
14 )
15 Summary
16 The Applicant requests master plan, site plan, conditional use permit, variance and street modification
17 approval for the construction of a golf entertainment complex to be located at 745 Park Ave N. The
application is approved subject to conditions. The recommendations of the staff report are adopted in
18 their entirety except for the addition of Condition No. 25, which requires the submission of a detailed
phasing plan as required by RMC 4-9-200(E)(3)(i) for the reasons identified in Conclusion ofLawNo.20.
19
Testimony
20
21 Clark Close, Senior Planner, summarized the staff report. In response to Examiner questions, Mr.
Close responded that the proposal is exempt from the City's stormwater requirements because the site
22 has a conveyance system sufficient to serve the current proposal that was in place to serve the site
when it was covered with 95% impervious surface. In response to lighting questions, Mr. Close noted
23 that the Applicant has prepared a photometric study that determined that the proposal will only
generate 0.2 light-candles at the project property lines.
24
25 Jack McCullough, counsel for Applicant, introduced the persons who would speak on behalf of the
Applicant.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 1
1 Tanner Micheli, talked about the history of Topgolf and the services it offers. He noted there are 54
Topgolf venues across the world. The venues work well all year round, including in areas with harsh
2 winters such as Chicago. The operation is geared towards all demographics. There are teaching pros
3 at all venues. A strong emphasis is placed upon chef driven food and beverage. Security is also
emphasized to provide for a safe environment. Topgolf has a good relationship with local law
4 enforcement as evidenced by law enforcement comments from the jurisdictions in which Topgolf is
located. Every venue works in the community with the Chamber of Commerce, with programs such as
5 free high school golf to local golf teams, spirit nights as charity events for elementary schools, heroes
discounts for active and veteran members and local EMS, and other programs such as Make a Wish.
6 Topgolf contributed a million dollars to charities in 2017.
7
The venue is about 70,000 square feet and will provide about 450-500 jobs to the community. 99%
8 will be local hires. The venue attracts persons from up to 45 miles away and the venues often attract
surrounding development. The front entrance includes a canopy that is new to Topgolf projects.
9 Corporate events are a huge part of the business.
10 In response toquestions about lighting, Mr. Micheli noted that the Applicant is onlyproposing two
p pp p p g
11 outfield television screens for the Renton facility as opposed to the four installed for the Las Vegas
facility. The Renton screen will be 30 feet wide by 50 feet tall. The photometrics of the screen have
12 been evaluated and the light doesn't spill beyond the field netting. The back of the screens are
completely black. The screens have no lighting impact whatsoever.
13
14 Paul Straits, project architect from Arco/Murray, noted that the Landing is located to the north and
Boeing is located on all other sides of the project. The project will be built in two phases. The first
15 phase is 11.3 acres. The second phase is 2.65 acres, which is more than 20% of the site. The entrance
to the site will be under a Porte Cochere along Logan Avenue. The service area is to the south of the
16 building. All dumpster facilities and service vehicles are located internally. The project has 167
standard parking stalls, 21 compact parking stalls, 9 ADA stalls and 119 flex stalls for a total of 336
17 parking stalls. There's also parking for 36 bicycles in the pedestrian plaza. Access to the north end is
18 right in, right out. Pedestrian street lighting will be installed between all of the existing street lights to
space all pedestrian fixtures 50 feet apart to maintain 0.3 foot candles at all pedestrian locations. The
19 pedestrian plaza includes enhanced landscaping and plenty of seating for pedestrians. The patio is not
accessible to exterior pedestrians. Phase 2 is large enough to support a multitude of uses and can be
20 used to accommodate additional parking if necessary. For the parking variance, landscaping will
screen the parking. The Porte Cochere is unique to Renton and is designed to bring the front of the
21 venue as close as possible to street frontage. The pole height is for a maximum of 170 feet. This
22 height is based upon a multitude of tests that determined that 170 feet is the minimum necessary to
ensure that golf balls remain on site. All Topgolf facilities use this height of netting for safety reasons.
23 The netting is painted sky grey to intrude as little as possible into the visual landscape.
24 Jenelle Taflin, project engineer, noted that all three right of way frontages have already been installed
by the City to encourage growth in the area and include full build out of the site. The Applicant's
25 requested modifications are to retain these improvements. The Applicant will dedicate additional right
26 of way and install more pedestrian lighting. Enhanced landscaping will also be added to Logan before
visual impact. The existing on-site stormwater system complies with the 2017 stormwater manual. It
CONDITIONAL USE, VARIANCE and SITE PLAN - 2
1 was designed for the former 95% impervious surface. The Applicant is proposing an 81% impervious
surface. The Applicant will add water quality treatment to treat stormwater before it reaches the
2 conveyance system.
3
Mike Swenson, project transportation engineer, Transpo, prepared the traffic impact study. The study
4 addressed two intersections on NE 8rh on the east and west ends of the project as well as the two
driveways. There were two conditions specific to transportation. The first deals with Logan and NE
5 8tf'. The condition requires improvements to maintain current level of service. The analysis has been
done for that condition and LOS will be maintained through altering signal timing. No street widening
6
or infrastructure improvements will be necessary. Condition No. 3 requires a traffic management plan.
7 Recognizing that the project is new to the area, the Applicant has proposed staffing to prevent vehicle
queuing on site to prevent queuing spillage onto Logan Avenue. The traffic study has been limited to
8 Phase I. In response to examiner questions, Mr. Swenson noted that there are events that attract large
numbers of people all at once, most notably corporate events. The Applicant is very experience in
9 coordinating parking for these large events.
10 Mr. McCullough noted that the Applicant has been working on the proposal for a year and a half,
11 including working at keeping as many parking spaces as possible. The conditional use requirement
comes about from a recent amendment to the City's zoning code and is the reason for the Phase 2
12 space. The Phase 2 has been attracting developer interest and the Applicant is confident that it will be
developed soon. The poles for the height variance are the minimum necessary. The ADA parking in
13 front of the building is also the minimum necessary. The Applicant agrees with the findings of the
14 staff report.
15 Exhibits
16 The 30 exhibits identified at page 2 of the August 13, 2019 staff report were admitted into the record
during the hearing. The following exhibits have also been admitted:
17
18 Exhibit 31: Staff Power Point
Exhibit 32: City of Renton COR Maps
19 Exhibit 33: Google Aerial Maps
Exhibit 34: Applicant Power Point
20
21 FINDINGS OF FACT
22
Procedural:
23 1. Applicant. The Applicant is Tanner Micheli, 8750 N Central Expressway, Ste. 1200, Dallas,
24 TX 75231.
25 2. Hearing. A hearing was held on the applications on August 13, 2019 at 11 am in the City of
Renton Council chambers.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 3
1 3. Project Description. The Applicant requests site plan, conditional use permit, variance and
street modification approval for the construction of a golf entertainment complex to be located at 745
2 Park Ave N. The proposed project would consist of a 46 foot tall three-story building, a 4.4-acre
3 outdoor driving range outfield, 336 onsite surface parking spaces, a large outdoor plaza area at the
corner of Logan Ave N and N 8th St, enhanced landscaping along Logan Ave N and N 8th St, a 170-
4 foot high netting system, and other associated underground utilities. The project site is 13.68 acres in
size. The project will be developed in two phases, with the first 10.61 acre phase composed of the
5 Topgolf development and the second phase a mixed use development.
6 The Applicant requests two variances. One is to RMC 4-2-120A to exceed the 10 story height limit in
7 the UC zone to install 170 foot high netting. The other variance is also to RMC 4-2-120A to allow
more than sixty feet (60') of street frontage parking in the front yard setback between the building and
8 the pedestrian-oriented street. The Applicant is proposing 201 feet of street frontage parking to be
composed of nine (9) accessible parking spaces and ten (10) standard stalls between the building and
9 Logan Ave N. These parking stalls comprise approximately six percent (6%) of the total parking
10 proposed by the Applicant.
11 The Applicant requests three street modifications, specifically to required street frontage
improvements along all three of its street frontages. The purpose of the modification requests is to
12 retain the existing frontage improvements, which were installed by the City as part of its urban
economic development programs. The modifications specifically include the following:
13
14 A. N 8th St is a Minor Arterial street with an available ROW width of 78 feet. As per City
code 4-6-060, a 5 lane Minor Arterial roadway requires a ROW width of 103 feet, totaling
15 66 feet of pavement and street improvements. Code required street improvements include
an 8-foot sidewalk, 0.5-foot curb, and an 8-foot planter strip. The Applicant is proposing to
16 dedicated approximately 12 '/2 feet of ROW and maintain the existing street section which
includes a paved roadway width of 58-feet, 0.5-foot curb and gutter, 8-foot planter strip, a
17 5-foot sidewalk and install additional landscaping between the back of sidewalk and the
18 northern property line of the property.
19 B. Logan Ave N is a Principal Arterial street with an available ROW width of 88 feet. As per
City code 4-6-060, a four lane Principal Arterial roadway requires a ROW width of 91 feet,
20 totaling 50 feet of pavement, and street improvements. Code required street improvements
include an 8-foot sidewalk, 0.5-foot curb and an 8-foot planter strip. The Applicant is
21 proposing to dedicated approximately 3 feet of ROW and maintain the existing street
22 section which includes a paved roadway width of 45-feet, 0.5-foot curb and gutter, 5-foot
planter strip, a 5-foot sidewalk and install additional landscaping between the back of
23 sidewalk and the western property line of the property. The Applicant would need to
dedication approximately 8 feet of ROW on Logan Ave N to comply with ROW dedication
24 requirements pursuant to RMC 4-6-060E for the future construction of a right turn-only
drop lane.
25
26 C. Park Ave N is a Principal Arterial street with an available ROW width of 85 feet. As per
City code 4-6-060, a five lane Principal Arterial Roadway requires a ROW width of 103
CONDITIONAL USE, VARIANCE and SITE PLAN - 4
1 feet, totaling 66 feet of pavement, and street improvements. Street improvements include an
8-foot sidewalk, 0.5-foot curb and an 8-foot planter strip. The Applicant is proposing to
2 dedicated approximately 6 feet of ROW and the existing street section which includes a
3 paved roadway width of 60 feet, 0.5-foot curb and gutter, 5-foot planter strip, a 5-foot
sidewalk.
4
The project site was formerly occupied by buildings owned by Boeing and used for aircraft
5 development. The buildings were most recently used for storage, offices and photograph
development. The buildings were removed from the site in 2015.
6
7 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and
appropriate infrastructure and public services as follows:
8
A. Water and Sewer Service. Water service will be provided by the City of Renton. There is
9 an existing 12" ductile iron water main in Logan Ave N. Sewer service will also be
10 provided by the City of Renton. There is an existing 15" PVC sewer main running from
east to west in N 8th St.
11
B. Fire and Police. The City of Renton will provide police service and the Renton Fire
12 Authority will provide fire service. Police and Fire Prevention staff indicated that
13 sufficient resources exist to furnish services to the proposed development with the
improvements and fire impact fees required of the project, see Ex. 21.
14
C. Drainage. The proposal will use the existing drainage system that was used to serve the
15 buildings formerly located at the project site. The existing conveyance system served the
site when it had 95% impervious surfaces. The conveyance system has been found to
16 have sufficient capacity and is therefore exempt under current stormwater standards from
17 any requirement to construct additional stormwater facilities.
18 The existing parking lot on the western portion of the property has a conveyance system
that sends flows to the northwest of the site. On the eastern half of the property there is an
19 existing stormwater conveyance system that routes the water to the northwest corner of
the site. The two paths converge approximately 2,000 feet down stream. Current drainage
20 from the site either infiltrates or sheet flows into the catch basins located onsite.
21 D. Parks/Open Space. The project is not residential in nature and no park impact fees are
22 required. Beyond this, the proposal exceeds applicable open space standards (imposed
via the applicable Design District C standards) so the proposal is considered to provide
23 adequate open space. A large pedestrian plaza (approximately 15,000 square feet) is
incorporated into the site plan at the northwest corner of the site. The plaza alone exceeds
24 the minimum required space for the gross parcel size and 74,025 square foot Topgolf
25 building area (approximately 13,361 square feet). The plaza includes visual and
pedestrian access to the Topgolf facility and the public ROW. Approximately 172 lineal
26 feet of seating (benches and seat wall) is proposed in the pedestrian plaza near the main
CONDITIONAL USE, VARIANCE and SITE PLAN - 5
1 entrance to Topgolf. Proposed and conditioned landscaping would provide additional
passive recreation opportunities for Topgolf employees and guests.
2
3 E. Transportation and Circulation. The proposal is served by adequate and appropriate
transportation facilities.
4
A Traffic Impact Analysis (TIA, Exhibit 14) was prepared by Transpo Group on July
5 2019. The transportation impacts were evaluated under the staff report to the
Environmental Review Committee (ERC, Exhibit 1). The ERC issued eight (8)
6 mitigation measures based on an analysis of probable impacts of the proposed use
7 (Exhibit 25), three of which were transportation related. In response to SEPA mitigation
measure no. 7, the Applicant recently submitted a Signal Timing Intersection
8 Improvements Memorandum, prepared by Transpo Group (dated August 1, 2019; Exhibit
30). The memorandum summarizes traffic operations and a proposed intersection
9 improvement for the Topgolf site. The Applicant's transportation engineer found that by
10 increasing the intersection cycle length from 110 seconds to 120 seconds and optimizing
intersection splits, the overall intersection level of service would remain at LOS C with
11 34 seconds of delay under future (2020) with-project PM peak hour conditions. Detailed
LOS and timing worksheets were included as Attachment A of the memorandum. In
12 addition to the SEPA mitigation measures, increased traffic created by the development
would be mitigated by payment of transportation impact fees. The TIA establishes that
13 the proposal will comply with all applicable transportation level of service standards.
14 The Applicant will be constructing required street improvements as modified by its
15 approved street modification requests, described in Finding of Fact No. 3.
16 The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070D
(Exhibit 26), which is based upon a test of the citywide Transportation Plan,
17 consideration of growth levels included in the LOS-tested Transportation Plan, and future
18 payment of appropriate Transportation Impact Fees.
19 The proposal provides desirable transitions and linkages between uses, street, walkways
and adjoining properties and also provides for safe and efficient internal circulation. The
20 provided site plan includes clearly defined pedestrian connection system to the public
street improvements. The site layout clearly conveys pedestrians from the parking lots
21 and public way to the building entry. A site-to-site east/west connection will be provided
22 on-site between Phase I and Phase II, including paved 24- to 26-foot wide two way travel
drive aisles and five- to seven-foot (5' to 7') wide concrete sidewalks connecting the
23 parking to the building entrance. A condition of approval requires that the surface
material for all pedestrian walking surfaces be either concrete, unit pavers, or similar
24 material.
25 In general, the proposed driveways appear to be appropriately spaced along the western
26 property to provide adequate site access and circulation to the building and parking.
Moreover, the ERC issued a mitigation measure that the Applicant complete a Traffic
CONDITIONAL USE, VARIANCE and SITE PLAN - 6
1 and Parking Management Plan to investigate potential mitigation measures to keep
vehicles moving past the entrances on Logan Ave N and maintain a clear path for
2 pedestrians, and the Applicant would also be required to implement all mitigation
3 identified in such plan. If the Renton Police Department Traffic Commander assesses that
traffic volumes from or to the site are creating a hazard or are significantly impacting
4 traffic on Logan Ave N, the Applicant will be required to revise the Traffic and Parking
Management Plan to identify mitigation, and then again implement the mitigation.
5
As testified at the hearing, the proposed loading and delivery areas are limited to the
6 south of the project, away from the pedestrian and parking portions of the project area.
7
Transit service to and from The Landing is provided by King County Metro Transit. The
8 public transit stop from the RapidRide F line is at the intersection of N 10th St and Park
Ave N. The proposal would not alter current transit services.
9
10 F. Schools. The project is not residential in nature. No impacts to schools are anticipated
and no fees are required.
11
G. Refuse and Recycling. Based on the proposal for 5,739 square feet of office space, 34
12 square feet of refuse and recycle area is required to be dedicated. Based on the proposal
for 22,262 square feet of Eating and Drinking Establishment and Taverns, 201 square
13 feet of refuse and recycle area is required to be dedicated. Based on the proposal for
14 7,548 square feet of hitting bay area, 68 square feet of refuse and recycle area is required
to be dedicated. Together the proposed uses would require an area of roughly 303 square
15 feet for refuse and recycling. The proposal includes an interior refuse and recycle area
approximately 430 square feet inside the building which complies with the area
16 dedication requirements. Access would be provided in the designated loading area on the
south end of the building for truck maneuvering. The building design includes six (6)
17 doors/gates to allow access to the refuse and recyclable deposit area inside the building.
18 H. Parking. The proposal is consistent with applicable parking standards and thus provides
19 for adequate parking. The Applicant is proposing a total of 336 surface parking stalls (of
which nine (9) would be ADA stalls, 121 standard stalls, 21 compact stalls, and 119 flex
20 stalls) which meets the minimum requirements for parking stalls. The Applicant's
proposal includes a flex parking lot to the southeast of the outdoor driving range outfield.
21 This flex parking area abuts the mixed use parking on the east portion of the parcel and
22 dimensions provide a minimum width of 200 feet to facilitate future structured parking.
A future parking structure is anticipated to be constructed at a later date when details of
23 the Phase II development are known and the required demand for the structure can be
better defined.
24
The Applicant is requesting a variance from RMC 4-2-120A to allow a limited amount of
25 surface parking between the building and the street. Surface parking regulations in
26 Design District C, per RMC 4-3-100.E.2, which are imposed by reference in RMC 4-2-
120A, require parking to be at the side and/or rear of a building and may not occur
CONDITIONAL USE, VARIANCE and SITE PLAN - 7
1 between the building and the street. However, the design standard provides that if due to
the constraints of the site, parking cannot be provided at the side or rear of the building,
2 the Administrator may allow parking to occur between the building and the street. If The
3 Administrator authorizes parking to occur between the building and the street, no more
than sixty feet (60') of the street frontage measured parallel to the curb may be occupied
4 by off-street parking and vehicular access. The Applicant is proposing approximately 201
feet of surface parking between the building and the street, thus necessitating the
5 variance approved by this Decision.
6 Access and parking lot configuration will be designed for two-way circulation
7 throughout. All parking on site will comply with dimensional stall requirements based on
parking stall type in the UC zone. Up to thirty percent (30%) of the stall in the UC zone
8 (designated employee parking—not to exceed forty percent (40%) and structured parking
— not to exceed fifty percent (50%)) can be compact). The Applicant is proposing less
9 than seven percent of the site as compact parking. The use of landscaping is an integral
10 component of the proposal's reduction of visual impacts on the pedestrian environment
and abutting/adjacent properties.
11
There's also parking for 36 bicycles in the pedestrian plaza.
12
I. Landscaping. As conditioned, it is determined that the proposal provides for adequate
13 and appropriate landscaping because the proposal complies with applicable City
14 landscaping standards. Staff have found that existing landscaping conforms to the City's
landscaping requirements.
15
A conceptual landscape plan, prepared by Brumbaugh & Associates, was submitted with
16 the project application (Exhibit 7). The conceptual landscape plan illustrates materials
that would be used to enhance the visual character of the building, parking lots and on-
17 site amenities. The planting schedule includes a variety of trees, shrubbery, groundcover,
18 perennials and grasses. From the back of the existing sidewalks, the Applicant is
proposing a minimum width of 23 feet of perimeter landscaping along Logan Ave N and
19 the Applicant is proposing to taper the width of the landscape strip at the back of N 8th St
based on the angle of the barrier netting system. As a result, the width of the perimeter
20 landscaping along N 8th St starts out at approximately 27 feet from the northwest corner
of the building and expands to 48 feet at the end of the outdoor driving range outfield.
21 Around the surface parking areas, the Applicant is proposing a perimeter landscape
22 buffer of 18 feet along the south property line and intervening landscaping on average
every 12 parking stalls.
23
Within the proposed surface parking lot, 35 square feet of landscaping per parking space
24 is required for parking lots with 100 or more parking stalls. Based on the proposal of 336
surface parking stalls, a minimum of 11,760 square feet of landscaping is required within
25 the surface parking areas. The submitted landscape analysis indicates that a total of
26 11,829 square feet of interior landscaping will be provided on-site. In addition, the
Applicant indicates that 12,027 square feet of perimeter landscaping will also be
CONDITIONAL USE, VARIANCE and SITE PLAN - 8
1 provided for a total landscape area of 23,856 square feet. The project will also include a
large public plaza at the corner of Logan Ave N and N 8th St with enhanced landscaping
2 surfaces, benches, seating walls, lawn and an outdoor patio. The proposed plaza space
3 will serve as an integral aspect of the development for users and pedestrians alike. As
part of Phase I, at least a 10-foot landscape buffer is provided along all applicable street
4 frontages, and the total interior parking lot landscaping exceeds City standards by
approximately 267 square feet. All landscaping, especially the enhanced landscaped
5 areas, would be used to reduce the aesthetic impact of the proposed structure, poles and
netting system, and surface parking areas.
6
7 As previously noted, the second phase of the site development will consist of a to-be-
determined mixed-use component to be developed at a later date. Therefore, a condition
8 requires that the Applicant install ten feet of temporary on-site landscaping along the
public street frontages of Phase II (Park Ave N and approximately the remaining 29
9 percent of N 8th St). Such landscaping shall include a mixture of trees, shrubs, and
10 groundcover. In addition, to improve and soften the appearance of the portion of the
property remaining temporarily vacant after the construction of the Topgolf development,
11 a condition requires that the Applicant hydroseed the remaining vacant mixed-use portion
of Phase II.
12
Underground sprinkler systems are required to be installed and maintained for all
13 landscaped areas. The sprinkler system must provide full water coverage of the planted
14 areas specified on the landscape plan. A condition of approval requires that the Applicant
provide a detailed landscape plan and irrigation plan with the construction permit
15 application.
16 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On
July 22, 2019 the City issued a Mitigated Determination of Non-significance (MDNS) for the
17 project. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts
18 are more specifically addressed as follows:
19 A. Views. It is not anticipated that the new building will result in any material obstruction
of views of attractive natural features. The proposed structures would not block view
20 corridors to shorelines or Mt. Rainier.
21 B. Compatibility. The proposal is compatible with surrounding use. The project site is
22 located along a heavily trafficked arterial corridor, namely Logan Ave N. Retail,
restaurants, office and manufacturing uses make up a large portion of the development
23 along the corridor. Three sides of the project site are adjoined by Boeing facilities and
the fourth side is The Landing shopping mall. Staff believes that the Topgolf
24 development would be architecturally designed in a manner that would add a
professional-golf entertainment complex aesthetic to The Landing in Renton that would
25 be compatible with the surrounding neighborhood. The size for the building would be
26 similar in scale and character to the many buildings along this corridor and within the
CONDITIONAL USE, VARIANCE and SITE PLAN - 9
1 City Center Community Planning Area. Therefore, as conditioned, the proposed use is
compatible with the scale and character of the surrounding area.
2
3 C. Light, glare, noise and privacy. The proposal will not create any significant adverse light,
noise or glare impacts and will not impact privacy.
4
The site and adjacent properties will experience temporary noise increases during
5 construction activities. Commercial and other nonresidential construction activities are
restricted by City regulations between seven o'clock (7:00) a.m. and eight o'clock (8:00)
6 p.m., Monday through Friday. Work on Saturdays will be restricted to the hours between
7 nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on
Sundays.
8
Topgolf facilities feature a full sports bar atmosphere as well as corporate entertainment
9 experience. Based on the proximity to the 24-hour Boeing manufacturing facility,
10 Topgolf is seeking the ability to operate 24 hours a day, seven days per week. Typical
long-term noise associated with the operation of the facility is not anticipated to create
11 any significant impact to the site or surrounding properties that are also zoned UC. The
Environmental Review Committee issued a SEPA mitigation measure that indicated if
12 any event at Topgolf results in an increase in typical noise levels extending beyond the
site boundaries, such as live music, DJ or a similar noises, the event operating hours shall
13 be restricted to the hours between seven o'clock (7:00) a.m. and two o'clock (2:00) a.m.,
14 seven days a week (Exhibits 1 and 25). If all conditions of approval are met, noise
impacts from the proposed use will be sufficiently mitigated.
15
The addition of new light sources on the subject property is expected to increase the light
16 and glare in the area and could introduce local light impacts if not properly designed.
Onsite lighting will include interior and exterior building lighting, parking area lighting,
17 and outfield lighting during night play. According to the Applicant, no glare from the
18 project is anticipated to be a public safety hazard or interfere with views. The Applicant
has also prepared a photometric study that finds that light spillage is down to 0.2 foot-
19 candles at the property lines of the project, not including light from new street lights. The
Environmental Review Committee issued two (2) SEPA mitigation measures for lighting.
20 If all conditions of approval are met, no existing off-site light or glare sources are
anticipated to affect this proposal.
21
22 The proposed golf facility outfield, its netting, landscaping and outfield television screens
will provide privacy separation for any residential portions of the adjoining Phase II
23 mixed use. Additional privacy measures can be incorporated during Phase II site plan
review. Beyond the potential residential uses for Phase II, there are no other residential
24 uses close enough to project site to be affected by any adverse privacy impacts. For all
the foregoing reasons, the proposal is found to adequately mitigate against any privacy
25 impacts to residential uses.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 10
1 D. Critical Areas and Natural Features. A portion of the site contains high seismic hazards
and a portion of the site is also located within the Downtown Wellhead Protection Area
2 Zone 2.
3
Seismic Hazard. RMC 4-3-050F2aii requires the Applicant to submit a geotechnical
4 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
5 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
6 area.
7
As required, the Applicant submitted a Geotechnical Engineering Services Draft Report,
8 prepared by GeoEngineers, (dated May 18, 2018; Exhibit 13). The soils encountered at
the site consist of relatively shallow fill overlying alluvial deposits. According to the
9 Report, foundation support for the proposed building can be provided by augercast piles
10 or by shallow foundations bearing on improved ground. Depending on site grading plans,
a preload program is recommended by the geotechnical engineer for the outdoor driving
11 range outfield area to mitigate static settlements due to new loads. Up to three inches (3")
of long-term static settlement are estimated for new site fill of up to 5 feet (5') in
12 thickness. Once the planned site grading is available, the preload program can be
designed to limit static settlements to tolerable ranges. All project construction will be
13 required to comply with all recommendations found in the Geotechnical Engineering
14 Services Draft Report, prepared by GeoEngineers on May 18, 2018, or an updated
geotechnical report approved by the Plan Reviewer at a later date (Exhibits 1 and 25). As
15 conditioned, the site should be able to safely accommodate the proposal and will meet the
requirements of RMC 4-3-050F2aii.
16
Wellhead Protection. A portion of the southeastern corner of the site falls within the
17 Downtown Wellhead Protection Area Zone 2. The overall purpose of the aquifer
18 protection regulations is to protect aquifers used as potable water supply sources by the
City from contamination by hazardous materials. Approximately 26,000 cubic yards of
19 fill is proposed to be brought into the site. Such fill would be used for the structural needs
of the building and would be obtained from approved local fill sources. Since fill is
20 proposed for project development, a fill source statement will be required to be submitted
to the City to ensure clean fill is used. The fill source statement shall be submitted with
21 the construction permit application. Impacts to the Wellhead Protection Area are not
22 anticipated as a result of the subject project, provided the City of Renton codes are
complied with.
23
E. Tree Retention. There are no significant trees on-site protected by the City's tree
24 retention standards that need to be maintained or replaced. The Applicant is proposing to
plant 139 new trees as shown in the Preliminary Landscape Plan (Exhibit 7).
25
26 6. Special Circumstances for Front Yard Parking. The Applicant suffers undue hardship due to
special circumstances related to the property that necessitates the front yard parking variance.
CONDITIONAL USE, VARIANCE and SITE PLAN - 11
1 The size and shape of the property does not allow the Americans with Disabilities Act (ADA)
accessible parking stalls to be located proximate to the front door of the facility without
2 approval of the variance. The elongated east-west dimension of the property requires the front
3 door of the facility to be located on Logan Ave N, therefore the accessible parking must be
installed at this location. Further, front yard space is necessary to accommodate a drive aisle
4 with drop-off within the property limits for guests to be dropped off at the main entrance.
Along with the drive aisle, ADA parking spaces and a small percentage of the overall count are
5 proposed at the front of the building to provide the shortest, safest route to the main entrance
for those guests with limited mobility. In addition, to accommodate the UC design regulations
6 prohibiting front yard parking, the Applicant will have to use shuttles for the remaining parking
7 to bring guests from the parking lot to the front entrance. Topgolf s preference is for all
parking to be located in front of the main entry, and they've indicated that the proposed plan
8 represents a significant concession to accommodate the intent of the UC design regulations.
9 In total, the Applicant is proposing nine (9) accessible parking spaces and ten (10) standard
10 stalls between the building and Logan Ave N (approximately six percent (6%) of the parking
total) based on the proposed site plan,building design, and parking demand levels. The nine (9)
11 ADA stalls would allow up to 500 total parking spaces to be achieved in a surface parking lot
or a structured garage. The Applicant is proposing to mitigate and screen the small amount of
12 parking proposed in front of the building with between 23 to 28 feet of enhanced landscaping
from the back of the existing sidewalk on Logan Ave N.
13
14 Another special circumstance of the property is that as constructed, Logan Ave N (a principal
arterial) does not have any on street parking between N 6th St and N 8th St. The municipal
15 code anticipates on street parking along a principal arterial street to accommodate parking in
front of buildings. On street parking is identified under the minimum design standards table for
16 public streets and alleys (RMC 4-6-060.F.2) as an eight-foot (8') parking lane. In addition to
the absence of on-street parking in front of the building, the Applicant is proposing a large
17 outdoor driving range area behind the building that limits their ability to accomplish a wrapped
18 parking garage or similar feature that could be incorporated into other land uses such as office,
hotel, or mixed use.
19
7. Special Circumstances for Height Variance. The Applicant suffers undue hardship due to
20 special circumstances related to the property that necessitates the height variance. Reducing the
height of the barrier netting is not an option due to the proximity of the project location to the
21 surrounding streets (Exhibit 27). The Applicant has determined that proper containment of the
22 golf balls from the Topgolf use cannot occur without the requested pole heights. Given that the
Applicant has no financial incentive to exaggerate the height necessary to adequately protect
23 the public and the lack of any evidence to the contrary, the Applicant's finding as to the need
for the variance is taken as a verity.
24
8. Phasing. The vacant 13.68-acre site is proposed to be developed in two (2) phases. The
25 Applicant is proposing to develop the site in two (2) separate phases. The first phase includes
26 developing the Topgolf recreational facility over 10.61 acres and the second phase would
develop the remaining 2.65 acres on the eastern portion of the site. Construction on Phase I will
CONDITIONAL USE, VARIANCE and SITE PLAN - 12
1 commence construction in late 2019/early 2020 with construction completion scheduled for
late 2020/early 2021 (Exhibit 19). A short plat application will be submitted with a Phase II
2 application at a future date. The second phase would consist of a to-be-determined mixed-use
3 component on the remaining 20+ percent of the parcel and would be developed following
completion of Phase I. The two phases are anticipated to include cross access circulation upon
4 development of Phase II and the flex parking permitted under Phase I is anticipated to become
structured parking under the Phase II development.
5
6 Conditions and design features are included with the proposal to ensure successful integration
of Phases I and II. To improve and soften the appearance of the portion of the property
7 remaining temporarily vacant after the construction of the Topgolf development, a condition of
approval requires that the Applicant hydroseed the remaining vacant mixed-use portion of
8 Phase II. Installation of the temporary Phase II landscaping shall be completed as part of Phase
I unless a construction or building permit for Phase II has been applied for. A connection for
9 site-to-site vehicle access will be installed upon completion of both faces. A future parking
10 structure is anticipated to be constructed at a later date when details of the Phase II
development are known and the required demand for the structure can be better defined. To
11 ensure coordinated design between Phase I and Phase II, a condition of approval requires that
no additional driveway access points from N 8th St or Park Ave N be permitted prior to Phase
12 II land use approval.
13
14 Conclusions of Law
15 1. Authority The hearing examiner conditional use permit application qualifies as Type III
review. All other consolidated project applications are Type III or lower. RMC 4-8-080(C)(2)
16 requires consolidated permits to be collectively processed under "the highest-number procedure."
The Type III review is the "highest-number procedure" and therefore must be employed for the
17 conditional use and site plan approval. As outlined in RMC 4-8-080(G), the hearing examiner is
18 authorized to hold hearings and issue final decisions on Type III applications subject to closed record
appeal to the Renton City Council.
19
2. Zoning/Design District/Comprehensive Plan Designations. The subject property is within the
20 Commercial and Mixed Use (CMU) Comprehensive Plan land use designation, the Urban Center
(UR) zoning classification and Design District C overlay district.
21
3. Review Criteria/Adoption of Staff Findings and Conclusions of Street Modifications. A
22 hearing examiner conditional use permit (Type III review) is required by RMC 4-2-0600 for outdoor
23 recreational facilities in the UC zone. Master site plan review is required by RMC 4-9-200.B.1, for
development in the UC zoning classification when a project is not exempt from Environmental
24 (SEPA) Review. RMC 4-9-200B2 requires site plan approval for all development in the UC zone.
Finding of Fact No. 3 identifies the need for the variance. Conditional use criteria are governed by
25 RMC 4-9-030(D). Master Site Plan and Site Plan criteria are governed by RMC 4-9-200.E.3. The
criteria for master site plan review are intended to be applied at a more general level than specific
26 site plan review as detailed in the staff report. Variance criteria are governed by RMC 4-9-250.B.5.
CONDITIONAL USE, VARIANCE and SITE PLAN - 13
dl All applicable review criteria are quoted below in italics and applied through corresponding
conclusions of law.
2
The criteria for street modification requests identified in Finding of Fact No. 3 are governed by RMC
3 4-9-250.D.2. The findings and conclusions of Finding No. 28 of the staff report are adopted by this
4 reference in full to conclude that all review criteria for the requested street modification are met.
5 CONDITIONAL USE
6 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
7
RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
8 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.
9
4. As conditioned, the proposal is consistent with all applicable comprehensive plan policies,
10 development standards and the design requirements of Design District C as outlined in Findings No.
11 19-21 of the staff report, adopted by this reference as if set forth in full.
12 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
13 proposed use. The proposed location shall be suited for the proposed use.
14 5. For the reasons identified in Finding of Fact No. 4 and 5, the proposal is compatible with
15 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
16 use. As testified at hearing, the proposed Topgolf will be the first Topgolf facility in the State of
Washington. It is ideally situated next to a major employer (Boeing), a shopping mall (the Landing)
17 and near numerous multi-family complexes. The height of the netting so close to the Renton
Municipal Airport is of modest concern, but the conditions of approval address this issue by
18 requiring an aeronautical study and/or FAA approval for the proposed height.
19 RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
20 shall not result in substantial or undue adverse effects on adjacent property.
21 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
22 adjacent property.
23 RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
24 character of the neighborhood.25 7. As determined in Finding of Fact No. 5B, the proposed use is compatible with the scale and
character of the neighborhood.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 14
1 RMC 4-9-030(C)(5): Parking:Adequate parking is, or will be made, available.
2 8. As determined in Finding of Fact No. 4, the site is served by adequate parking.
3 RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
4 shall mitigate potential effects on the surrounding area.
5 9. As outlined in Finding of Fact No. 4E, the proposal provides for safe circulation and adequate
traffic mitigation and facilities.
6
RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
7 proposed use shall be evaluated and mitigated.
8 10. As determined in Finding of Fact No. 5C, the proposal will not result in any adverse light,
9 noise or glare impacts.
10 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
11 properties from potentially adverse effects of the proposed use.
12 11. As shown in the site plans for the proposal, all undeveloped portions of the site are landscaped.
13 SITE PLAN
14 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
15 compliance with the following:
16 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
17
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
18 policies, especially those of the applicable land use designation; the Community Design
Element; and any applicable adopted Neighborhood Plan;
19
20 ii. Applicable land use regulations;
21 iii. Relevant Planned Action Ordinance and Development Agreements; and
22 iv. Design Regulations:Intent and guidelines of the design regulations located in RMC
4-3-100.
23
12. As concluded in Conclusion of Law No. 4, the proposal is consistent with the City's
24 comprehensive plan, development regulations and design standards.
25 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
26 uses, including:
CONDITIONAL USE, VARIANCE and SITE PLAN - 15
1 i. Structures: Restricting overscale structures and overconcentration of development on a
particular portion of the site,
2
3 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
and adjacent properties;
4
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
5 rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
6
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to
7 attractive natural features;
8 v. Landscaping: Using landscaping to provide transitions between development and
9 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the
appearance of the project; and
10
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
11 excessive brightness or glare to adjacent properties and streets.
12 13. As conditioned, the criteria quoted above are met. As outlined in Finding of Fact No. 4(E), the
13 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
14 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
15 landscaping standards, which includes perimeter landscaping to provide buffering to adjacent uses.
The proposal will not create any significant light impacts, including excessive brightness or glare, for
16 the reasons identified in Finding of Fact No. 5C.
17 RMC 4-9-200 E 3 c : On-Site Impacts: Mitigation ofimpacts to the site, including:
)� )� ) P g � p
18
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
19 spacing and orientation;
20 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
21 vehicle needs;
22 iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and
23 soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces;
and
24
iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
25 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
26 areas so that they are less susceptible to damage from vehicles or pedestrian movements.
CONDITIONAL USE, VARIANCE and SITE PLAN - 16
1 14. The criteria quoted above are met. On site privacy impacts are adequately addressed as
identified in Finding of Fact No. 5. Due to compliance with the City's critical areas ordinance, there
2 are no natural features adversely affected by the proposal. Landscaping has been incorporated into
3 to the surface parking areas and it would be used to provide a transition between the proposed
development and Logan Ave N and N 8th St. In addition, landscaping will buffer the Topgolf facility
4 from the future mixed use project on Park Ave N. A condition of approval requires the Applicant to
provide a revised landscape plan depicting enhanced landscaping on the east of the barrier netting
5 system which would enhance the appearance of the project
6 RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
7 users, including:
8 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
9 site and, when feasible, with adjacent properties;
10 ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
11 including the location, design and dimensions of vehicular and pedestrian access points,
drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
12
iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian
13 areas;
14 iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
15 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
16 buildings, public sidewalks and adjacent properties.
17 15. The proposal as conditioned 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.
18 Loading and delivery is separated from pedestrian and parking areas as determined in Finding of
Fact No. 4E. Transit and bicycle facilities are available as determined in Finding of Fact No. 4E and
19 H.
20 RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
21 focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
22
16. The only specific open space requirements pertaining to the project are those arising from the
23 project location in Design District C. The proposal complies with those requirements as outlined in
Finding of Fact No. 4D.
24
25 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.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 17
1 17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as determined
in Finding of Fact No. 5A.
2
3 RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
4
18. The City's critical area regulations identify and adequately protect all natural systems of
5 significance. As determined in Finding of Fact No. 5, the project protects all affected critical areas
as required by the critical area regulations.
6
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
7 facilities to accommodate the proposed use.
8 19. The project is served by adequate services and facilities as determined in Finding of Fact No. 4.
9 RMC 4-9-200 E 3 i : Phasing: Includinga detailed sequencing plan with development phases
( )( )( ) q g p
10 and estimated time frames,for phased projects.
11 20. There is no phasing plan included in the administrative record. As outlined in Finding of Fact
No. 8, the staff report contains some general information about the phases contemplated by the
12 Applicant, but this information is limited to identifying when Phase I will be completed with no
13 estimates even of when Phase II will be commenced except that such activity will occur after
completion of Phase I. This information does not in any qualify as a "detailed" sequencing plan as
14 required by the criterion quoted above.
15 The requirement for a phasing plan appears to serve two objectives for a project such as this. One
objective would be to ensure that improvements necessary to serve a proposed phase are not deferred
16 to future phases that may never happen. The other objective would be to ensure that code
requirements applicable to the first phase are not deferred to a future phase that may never happen.
17 The first objective is not a problem with the subject proposal. Phase I is fully served with all
18 necessary infrastructure and is not dependent upon Phase II to meet its infrastructure needs. Further,
as outlined in Finding of Fact No. 8, project design and conditions of approval help assure that Phase
19 II will be fully integrated with Phase I once completed.
20 The second objective is a problem. Phase I is only authorized as outdoor recreational use in the UC
zone in conjunction with a mixed use component. That mixed use component has been deferred to
21 Phase II by the Applicant and there is no assurance and no visible effort to comply with that
22 requirement other than assurances by the Applicant at the hearing that Phase II will be completed.
The extensive amount of retail and residential development in the area serves as a strong evidence
23 that implementation of Phase II serves as a profitable opportunity for the Applicant or subsequent
purchaser. However, a detailed sequencing plan, enforceable by the City's code enforcement
24 program (in particular permit revocation authorized by RMC 1-3-F), will help ensure that Phase II
implementation is diligently pursued by the Applicant. A condition of approval will require the
25 preparation and implementation of a detailed phasing plan.
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 18
1 Variances
2 RMC 4-9-250(B)(5)(a): That the Applicant suffers practical difficulties and unnecessary hardship
and the variance is necessary because of special circumstances applicable to subject property,
3 including size, shape, topography, location or surroundings of the subject property, and the strict
4 application of the Zoning Code is found to deprive subject property owner of rights and privileges
enjoyed by other property owners in the vicinity and under identical zone classification;
5
21. The criterion is met for both variance requests for the reasons identified in Finding of Fact No.
6 6 and 7.
7 RMC 4-9-250(B)(5)(b): That the granting of the variance will not be materially detrimental to the
8 public welfare or injurious to the property or improvements in the vicinity and zone in which subject
property is situated;
9
22. The criterion is met for both variance requests. As determined in Finding of Fact No. 5, there
10 are no significant adverse impacts associated with the proposal. Impacts of the front yard parking are
minimized by enhanced perimeter landscaping and impacts of the netting are minimized by coloring
11 the netting sky grey. In addition, the conditions of approval require the Applicant to ensure that the
12 netting will not constitute a hazard to aircraft. As a result, the granting of the variance will not be
materially detrimental to the public welfare or injurious to surrounding properties as required by the
13 criterion above. Both variances promote a public benefit. The front parking variance facilitates
access for disabled users. The height variance protects the public from errant golf balls.
14
RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent
15 with the limitation upon uses of other properties in the vicinity and zone in which the subject property
16 is situated;
17 23. The criterion is met for both variance requests. The front yard parking variance enables
effective handicap accessible parking, a privilege enjoyed by most other commercial uses. The height
18 variance enables the Applicant to safely provide a commercial service, also a privilege enjoyed by
most other commercial uses.
19
20 RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum
variance that will accomplish the desired purpose.
21
24. The criterion is met for both variance requests. As determined in Finding of Fact No. 7, the
22 proposed height variance is the minimum necessary to safely operate the Applicant's recreational
activities. For the front parking variance, the proposed limited parking between the building and right
23 of way is the minimum to accommodate a safe entrance to the Topgolf venue. The vast majority of
24 parking is proposed to be located to the side and rear of the Topgolf building as required by the Urban
Design District regulations.
25
DECISION
26
CONDITIONAL USE, VARIANCE and SITE PLAN - 19
1 The master plan, site plan, conditional use, two variance and three street modification requests meet
all applicable review criteria for the reasons identified in the Conclusions of Law of this decision and
2 are approved, subject to the following conditions:
3
1. The Applicant shall comply with the eight (8) mitigation measures issued as part of the
4 Determination of Non-Significance Mitigated, dated July 22, 2019.
a. Project construction shall be required to comply with the recommendations found in the
5 Geotechnical Engineering Services Draft Report, prepared by GeoEngineers on May
6 18, 2018, or an updated geotechnical report approved by the Plan Reviewer at a later
date.
7 b. The Applicant shall permanently abandon all onsite monitoring wells and shall be
consistent with the recommendations of the Phase II: Limited Site Investigation Report,
8 prepared by Professional Service Industries, Inc., dated June 11, 2018, or an updated
report submitted at a later date.
9 c. Any event at Topgolf that could result in an increase in typical noise levels extending
10 beyond the site boundaries, such as live music, DJ or a similar event, the event
operating hours shall be restricted to the hours between seven o'clock (7:00) a.m. and
11 two o'clock(2:00) a.m., seven days a week.
d. The Applicant shall provide a pedestrian lighting plan that maintains minimum light
12 levels of 0.3 foot-candle along the property frontage of the public sidewalk of N 8th St
at a three to one (3:1) enhanced uniformity ratio to improve visibility and perceptions of
13 brightness, safety and security for pedestrians at night.
14 e. The Applicant shall provide a lighting/illumination plan which will have a minimal
effect on adjacent properties and the Phase 2 mixed-use area on the eastern portion of
15 the property and still comply with street and pedestrian lighting standards of the code.
The final lighting/illumination plan shall be submitted to, and approved by, the Current
16 Planning Project Manager prior to civil construction permit issuance.
f. The Applicant shall create a public outreach plan in coordination with City of Renton to
17 communicate with road users, the general public, area residences, local businesses, and
18 appropriate public entities about project information; road conditions in the work zone
area; and the safety and mobility effects of the work zone. The public outreach plan
19 shall be submitted to, and approved by, the Current Planning Project Manager prior to
engineering permit approval.
20 g. The Applicant shall complete a revised Traffic Impact Analysis that investigates
mitigation measures to retain LOS C at the Logan Ave N/N 8th St intersection at the
21 future 2020 horizon analysis year with the project. If the revised Traffic Impact analysis
22 shows that LOS C can be retained at that intersection, the Applicant shall implement the
necessary measures to retain LOS C. If the revised Traffic Impact Analysis shows that
23 LOS C cannot be retained at that intersection, the Applicant shall provide mitigation for
the impacts caused by exceedance of the LOS C standard.
24 h. Prior to civil construction permit issuance, the Applicant shall complete a Traffic and
Parking Management Plan to investigate potential mitigation measures to keep vehicles
25 moving past the entrances on Logan Ave N and maintain a clear path for pedestrians,
26 and Applicant shall implement all mitigation identified in such plan. If the Renton
Police Department Traffic Commander assesses that traffic volumes from or to the site
CONDITIONAL USE, VARIANCE and SITE PLAN - 20
1 are creating a hazard or significantly impacting traffic on Logan Ave N, the Applicant
shall revise the Traffic and Parking Management Plan to identify mitigation, and then
2 shall implement the mitigation.
3 2. The Applicant shall demonstrate compliance with the Part 77 Horizontal Surface Height Limit
prior to construction/building permit approval, or receive approval from the Federal Aviation
4 Administration (FAA) to exceed the Part 77 Horizontal Surface Height Limits.
3. The Applicant install ten feet of temporary on-site landscaping along the public street frontages
5 of Phase II (Park Ave N and approximately the remaining 29 percent of N 8th St). Such
6 landscaping shall include a mixture of trees, shrubs, and groundcover. In addition, the
Applicant shall hydroseed the remaining vacant mixed-use portion of Phase II. Installation of
7 the temporary Phase II landscaping shall be completed as part of Phase I unless a construction
or building permit for Phase II has been applied for. An updated landscape plan shall be
8 provided to, and approved by, the Current Planning Project Manager prior to construction
permit issuance.
9 4. The Applicant shall provide a detailed landscape plan and irrigation plan with the construction
10 permit application. The detailed landscape plan and irrigation plan shall be provided to, and
approved by, the Current Planning Project Manager prior to construction permit issuance.
11 5. The Applicant shall provide a materials board to further identify the screening detail for roof-
top equipment. The materials board shall be provided to, and approved by, the Current
12 Planning Project Manager prior to building permit approval.
6. The Applicant shall provide a special utility and landscape plan set with the construction permit
13 showing the location of all ground mounted utility boxes and identify how they would be
14 screened from public view. In addition, no utility boxes shall be located in the outdoor plaza
area or primary entry area. The special utility and landscape plan set shall be provided to, and
15 approved by, the Current Planning Project Manager prior to construction permit approval.
7. The Applicant provide bicycle parking for up to 37 stalls (one of which shall be secure
16 extended use). Bicycle parking shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
17 8. The Applicant shall submit a detailed plaza plan that includes specifications for pedestrian
18 amenities that add to the pedestrian experience and the human scale intended for the
development. In addition, the Applicant shall widen the proposed internal concrete sidewalk
19 from the building entrance to the front of the loading dock crosswalk (a distance of
approximately 275 feet) from seven feet (7') wide to eight feet (8') wide. A revised detailed
20 plaza plan and site improvement plan shall be submitted to, and approved by, the Plan
21 Reviewer prior to construction permit approval.
9. The north site access driveway on Logan Ave N shall be restricted to a right-in and right-out
22 only driveway.
10. The Applicant shall construct a meandering five-foot (5') wide interior cement concrete
23 pathway within the perimeter landscaping along Logan Ave N. The interior pathway shall
complement the urban amenities of the plaza plan. A revised landscape plan shall be submitted
24 to, and approved by, the Current Planning Project Manager prior to engineering permit
25 approval.
11. The Applicant shall provide additional pedestrian overhead weather protection over the
26 remaining sidewalks along the west elevation (not including the portion of the building that
CONDITIONAL USE, VARIANCE and SITE PLAN - 21
1 consists of hitting bays). The revised building elevation shall be submitted to, and approved by,
the Current Planning Project Manager prior to building permit approval.
2 12. The Applicant shall provide all durable high quality exterior materials to the exterior facade of
3 the building. Revised architectural elevations shall be submitted to, and approved by, the
Current Planning Project Manager prior to building permit approval.
4 13. The Applicant shall provide additional ground floor glazing on the west elevation. The revised
architectural elevation shall be submitted to, and approved by, the Current Planning Project
5 Manager prior to building permit approval.
6 14. The Applicant shall provide windows (or an equivalent design element) within the staircases on
the north, west and east facing facades to break up the building massing and increase light
7 transmittance into and out of the building. Revised building elevations shall be submitted to,
and approved by, the Current Planning Project Manager prior to building permit approval.
8 15. The Applicant shall incorporate elements to create varied and interesting roof profiles to
strengthen the building design. Revised elevations showing varied and interesting roof profiles
9 shall be submitted to, and approved by, the Current Planning Project Manager prior to building
10 permit issuance.
16. The Applicant shall provide one (1) additional durable high quality building material and one
11 (1) additional color, pattern or textural change to the exterior facade. Revised architectural
elevations and a materials board shall be submitted to, and approved by, the Current Planning
12 Project Manager prior to building permit approval.
17. The Applicant shall be required to submit a preliminary sign package with the building permit
13 application. Proposed signage shall be compatible with phasing, the building's architecture and
14 exterior finishes, the project's exterior elements, and contributes to the character of the overall
development. The preliminary sign package shall be submitted to, and approved by, the Current
15 Planning Project Manager prior to building permit approval.
18. The Applicant shall provide accent lighting in the plaza to illuminate key features. A revised
16 lighting plan shall be submitted to and approved by the Current Planning Project Manager prior
to construction permit approval.
17 19. The Applicant shall provide enhanced landscaping east of the barrier netting system. The
18 revised landscape plan shall be submitted to the Current Planning Project Manager, and
approved, prior to construction permit issuance.
19 20. Surface material for all pedestrian walking surfaces shall be either concrete, unit pavers, or
similar material as approved by the Current Planning Project Manager.
20 21. No additional driveway access points from N 8th St or Park Ave N shall be permitted prior to
21 Phase II land use approval.
22. The Applicant shall submit a revised site plan depicting eight feet (subject to a final survey) of
22 right-of-way dedication along Logan Ave N. The revised site plan shall be submitted to, and
approved by, the Plan Reviewer prior to construction permit approval.
23 23. The Applicant shall repair any damaged street frontage including, but not limited to, existing
cement concrete sidewalk and roadway pavement along Logan Ave N, N 8th St and Park Ave
24 N. The Applicant shall also raise the existing grade within the planter strip to be level with the
25 sidewalk and curb along the project's street frontage and revegetate.
24. The Applicant shall provide a landscape planter detail that includes either tree grates (or an
26 equivalent design approach) to ensure the retention and health of the existing street trees along
CONDITIONAL USE, VARIANCE and SITE PLAN - 22
1 the property frontages of N 8th St and Park Ave N. The landscape planter detail shall be
submitted to, and approved by, the City of Renton Project Managers and the Urban Forestry
2 and Natural Resources Manager, prior to construction permit issuance.
3 25. The Applicant shall prepare a phasing plan that includes a detailed sequencing plan with
development phases and estimated time frames for both Phases I and II. If the Applicant
4 intends on having another developer/owner construct Phase II, the phasing plan for Phase II
may be limited to setting dates and benchmarks for short plat review and marketing of the
5 property. The phasing plan shall be submitted to the Current Planning Project Manager, and
6 approved, prior to construction permit issuance.
26. As required by the City's aquifer recharge requirements, the Applicant shall submit a fill
7 source statement with it construction permit application demonstrating to the satisfaction of
staff that the fill will not adversely affect aquifer recharge areas.
8
DATED this 19th day of August, 2019.
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Phi A.Olbrechts
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12 City of Renton Hearing Examiner
13 Appeal Right and Valuation Notices
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15 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
16 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-
17 day appeal period.
18 Affected property owners may request a change in valuation for property tax purposes
19 notwithstanding any program of revaluation.
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CONDITIONAL USE, VARIANCE and SITE PLAN - 23