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HomeMy WebLinkAboutDecision & Letter Denis Law Mayor ' City Clerk-Jason A.Seth,CMC December 23, 2019 Martin Reimbers Concept Architecture 1712 Pacific Av, Suite 107 Everett, WA 98201 Subject: Hearing Examiner's Final Decision RE: 4th Dimension Building site Plan and Reasonable Use Variance (LUA-19- 000153) Dear Mr. Reimbers: Enclosed please find the Hearing Examiner's Final Decision dated December 19, 2019. Also, this document is immediately available on our website: • If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Decisions"; "Land Use Decision". The Decisions are filed by year and then alphabetical order by project name. I can be reached at (425) 430-6510 orjseth@rentonwa.gov. Thank you. Sincerely, Jason A. Seth, MMC City Clerk cc: Hearing Examiner Clark 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 (6) 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov 1 2 3 4 5 6 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 7 4th Dimension Building 8 FINAL DECISION Site Plan and Reasonable Use Variance 9 10 LUA19-000153 SA-H, ECF, V-H 11 12 13 SUMMARY 14 The Applicant has requested a Site Plan Review and a Reasonable Use Variance for the construction of a 4-story, mixed use building located at 4502 NE 4th Street. The parcel contains a 15 piped stream channel and regulated slopes. The Applicant is requesting a reasonable use variance to 16 construct an open space under the building to accommodate the new stream channel and to provide additional storage during storm events. The applications are approved with conditions. 17 TESTIMONY 18 Staff Testimony 19 20 Clark Close, Senior Planner, described the project. The piped stream will be redirected to a new surface channel that will be sited below the building. The parcel is 0.55 acres in the Commercial 21 Mixed-Use Land Use Designation and is zoned Commercial Arterial. There is a vacant single-family home on the site. The Applicant is proposing to build a 55-foot tall structure that will include 51 22 parking spaces within the building, up to 6,450 SF of commercial space, and 24 apartments units. 23 The residential levels will include eight (8) two-bedroom living units for a proposed net density of 54 du/ac. The site has moderate to steep slopes. The topography dips in the center of the property. 24 The proposed building will be on top of columns with parking below. The stream channel will be open below the building with compensatory storage. The property owner to the east provided a 25 comment as did the Puget Sound Clean Air Agency and the Muckleshoot Tribe of Indians. The SEPA MDNS was not appealed. The proposal is consistent and compliant with the applicable codes 26 and standards. SITE PLAN & REASONABLE USE VARIANCE- 1 1 2 Vanessa Dolby, Current Planning Manager, stated the variance criteria for piped stream don't apply for this project because they are removing the pipe and creating an open channel. 3 4 Applicant Testimony 5 Martin Reimers, project architect, stated the Applicant was happy with the staff report. 6 EXHIBITS 7 The November 26, 2019 staff report Exhibits 1-31 identified at page 2 of the staff report itself 8 were admitted into the record during the hearing. The following additional exhibits were also admitted during the hearing: 9 Exhibit 32: City of Renton Maps 10 Exhibit 33: Google Arial Maps 11 Exhibit 34: Staff PowerPoint 12 FINDINGS OF FACT 13 Procedural: 14 1. Applicant. The Applicant is Martin Reimers of Concept Architecture, 21615 West Casino Road, Suite IA, Everett, WA 98204. 15 2. Hearing. The Examiner held a hearing on the subject applications on November 26, 2019 at 16 11:30 am in the City of Renton Council Chambers: 17 3. Project Description. The Applicant is proposing construction of a 4-story mixed use building 18 located at 4502 NE 4th St. The 23,170 SF parcel is zoned CA and is located within Urban Design 19 District D. The Applicant is proposing to build a 55-foot tall structure that will include 51 parking spaces within the building, up to 6,450 SF of commercial space, and 24 apartments units. The 20 residential levels will include eight (8) two-bedroom living units for a proposed net density of 54 21 du/ac. The existing vacant single-family structure will be demolished. 22 Access to the site will be at the rear of the property from Bremerton Ave NE. New street frontage improvements will be completed on Bremerton Ave NE and NE 4th St. 23 The proposed new building is proposed to conform to the topography of the site. The parcel contains 24 a piped stream channel and regulated slopes. The Applicant is requesting a reasonable use variance 25 to construct an open space under the building to accommodate the new stream channel and to provide additional storage during storm events. In addition, a stormwater detention vault will be 26 constructed below the lowest parking level and discharge to the storm system. SITE PLAN & REASONABLE USE VARIANCE- 2 1 There are no significant trees located on site. No tree retention is required. There are several large 2 poplars located in the public right of way along the west parcel boundary. According to the Tree 3 Retention Plan, there are thirteen (13) blackwood cottonwood trees located within the public ROW along Bremerton Ave NE. These 13 trees within the ROW, will be removed to widen the public road 4 and to complete frontage improvements. The Applicant is proposing to plant up to eight (8) trees in 5 the planter strip and four(4) trees on-site. 6 The site is mapped with a piped stream channel, regulated slopes and a localized floodplain. 7 Approximately 1,500cy of material will be cut on site and approximately 3,500cy of fill is proposed to be brought into the site. Following construction, the impervious cover will be approximately 8 92.4%. There are no impervious coverage maximums for the zone. 9 The City's Environmental Review Committee issued s SEPA Determination of Non-Significant 10 Impact — Mitigated on October 28, 2019 (Ex. 29). The DNS-M included four mitigation measures. No appeals of the threshold determination were filed. 11 The City received a public comment letter (Ex. 14), which asked about the construction schedule. 12 The City responded (Ex. 15). Staff received two agency comment letters, one from the Puget Sound 13 Clean Air Agency and one from the Muckleshoot Indian Tribe Fisheries Division (Ex. 16 and 17). Staff provided responses to both agencies (Ex. 18 and 20). 14 15 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: 16 A. Water and Sewer Service. The site is adequately served by water and sewer utilities. The site is 17 served by the City of Renton for all water and sewer service. There is an existing 8-inch City 18 water main located in NE 4th St that can deliver a maximum total flow capacity of 2,500 gallons per minute (gpm). There is an existing 12-inch City water main located in Bremerton 19 Ave NE that can deliver a maximum total flow capacity of 4,000 gpm. There is an existing 10- 20 inch ductile iron wastewater main located in Bremerton Ave NE. There is an existing 24-inch PVC wastewater main located in NE 4th St. The Renton Fire Authority has determined that the 21 preliminary fire flow demand for the proposed development is 2,500 gpm. Adequate fire flow is 22 available with the aforementioned water main extensions to meet the minimum fire flow requirements. The project is subject to applicable system development charges for both the 23 water and wastewater utilities. 24 B. Fire and Police. Police and Fire Prevention staff have indicated that sufficient resources exist to 25 furnish services to the proposed development; if the Applicant provides Code required 26 improvements and fees. Fees are paid at time of building permit issuance. Fire services will be provided by the Renton Regional Fire Authority. SITE PLAN & REASONABLE USE VARIANCE- 3 1 2 C. Drainage. Storm drainage is adequately addressed by the proposal. Public works staff have 3 reviewed the proposed stormwater design and have found it to conform to City regulations for the conceptual level of preliminary plat design. The Applicant submitted a Preliminary 4 Technical Information Report (Ex. 6) with the project application. Based on the City of 5 Renton's flow control map, the site falls within the Flow Control Duration Standard Area matching Forested Site Conditions and is within the Lower Cedar River Drainage Basin. The 6 development is subject to Full Drainage Review in accordance with the 2017 Renton Surface Water Design Manual (RSWDM). 8 According the TIR, the site drains to the north and is within one drainage basin. Runoff 9 currently leaves the site in a 24" storm system pipe that flows through the site. After development, the 24" storm system pipe will be removed, and a new extension made to the 10 storm system in Bremerton Ave NE using 30" pipe. An open channel will be extended under the building. Site runoff, after it is detained and treated, will flow to the new 30" pipe. The 11 Applicant will be required to provide a conveyance analysis for all proposed storm drainage 12 conveyance systems including the concrete channel proposed below the building. 13 The TIR Report analyzed existing conditions and proposed surface water collection and 14 distribution. The geotechnical analysis of site soils found that the conditions onsite are not compatible with stormwater infiltration. The project proposes to implement a storm detention 15 vault(15' wide x 58' long x 6.1' deep) to meet the Flow Control Duration —Forested Condition 16 Area requirements. 17 The site is located within a Basic Water Quality Treatment Area. As a commercial project, it is 18 required to meet the Enhanced Basic Water Quality standard. The Applicant will meet this requirement through installation of a Filterra Treatment System which will provide treatment of 19 92.3% of the treatment basin runoff. The facility will be located in the northwest corner of the 20 site near the access drive and will drain to the detention vault. The treatment basin includes the roadway, planters and sidewalks as well as the rain garden runoff. 21 22 A localized floodplain has been identified on-site. The project TIR notes that the infrastructure induced floodplain elevation is 394.87 feet. The project will be required to maintain the 23 compensatory storage volume on-site at a one-to-one ratio. As previously discussed, the project 24 has proposed to place the building on top of a pile foundation system in order raise the building high enough to provide the required compensatory storage. An emergency overflow spillway, or 25 similar system, will be required to direct storm water into the roadway surface as opposed to the 26 proposed building or upstream properties. SITE PLAN & REASONABLE USE VARIANCE-4 1 2 The project will be subject to surface water system development fees at the time of construction 3 permit issuance. 4 D. Transportation. Traffic impacts are adequately mitigated by the proposal. The Applicant 5 submitted a Traffic Impact Analysis (Ex. 10) with the project application. Vehicular access to the site is proposed via Bremerton Ave NE via a two-way driveway. Increased traffic created by 6 the development will be mitigated by payment of transportation impact fees payable at the time 7 of building permit issuance. 8 The proposal passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Ex. 25), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included 9 in the LOS-tested Transportation Plan, and payment of applicable Transportation Impact Fees at 10 the time of Building Permit issuance. 11 E. Parking. The Applicant is proposing 24 dwelling units, 1,487sf of restaurant space and 4,837sf 12 of retail space. The proposal is required to provide between 51 and 69 parking spaces. The submitted materials indicate that a total of 51 spaces (24 standard (8'4" x I5'), 24 compact (7'- 13 6" x 12') and 3 accessible) within the structured parking area in the building, which complies 14 with the minimum number of parking spaces required for the designated uses within the proposed structure. The Applicant will additionally provide parking space for up to seven (7) 15 motorcycles between the two proposed parking levels. The Applicant has provided adequate 16 parking to serve the project. 17 F. Bicycle Stalls. Twelve bicycle parking spaces are required for the residential units and three are 18 required for the commercial uses. Together, this will result in a total of 15 required bicycle parking spaces on the project site. Only three bicycle parking spaces are designated on the 19 architectural floor plans (Ex. 12). A condition of approval will require the Applicant to submit 20 revised floor plans and a revised site plan with the building permit application identifying the location of 15 code compliant bicycle parking spaces meeting the standards of RMC 4-4- 21 080(F)(11). 22 G. Vehicular Access and Internal Circulation. Staff note the existing configuration of the 23 development site could provide for site-to-site vehicle access using the paved driveway located 24 along the north side of the proposed building. A condition of approval will require the Applicant to grant a private access easement to the CA zoned parcel located to the east of the 25 project site, specifically parcel no. 1023059117. The Current Planning Manager and 26 SITE PLAN & REASONABLE USE VARIANCE- 5 1 Development Engineering staff will review the easement for recording prior to issuance of the 2 Temporary Certificate of Occupancy. 3 The proposed development will provide vehicular access to Bremerton Ave NE from an access 4 driveway that serves the multi-level structured parking garage. Pedestrian connections will be 5 provided from the building to the public sidewalks. Safe pedestrian circulation will be provided within and around the project perimeter. The addition of sidewalks along NE 4th St and 6 Bremerton Ave NE will provide a safe walking condition for the proposed project and 7 surrounding neighborhood. 8 H. Pedestrian Circulation. The Applicant has proposed pedestrian walkways along the project 9 site's NE 4th St and Bremerton Ave NE street frontages. All building entries will have a direct connection to the public sidewalk. All walkways will be paved and comprised of an all-weather 10 walking surfaces. The proposed pedestrian walkways along the building façade meet or exceed the minimum five-foot (5') wide interior pathway, provided the Applicant widens the east/west 11 walkway between the commercial entrance and the staircase entrance located at the southeast 12 corner of the building on NE 4th St or provides a second five-foot (5') wide sidewalk from the staircase to the public sidewalk along NE 4th. A condition of approval will require the• 13 Applicant to maintain a minimum interior pathway width no smaller than five feet (5') and the 14 entrance walk along NE 4th St must be increased from seven feet (7') wide to twelve feet (12') wide. The Applicant is proposing concrete for the paved walkways. A further condition of 15 approval will require the Applicant to include permeable pavement materials for pedestrian 16 walkways, where feasible, consistent with the 2017 City of Renton Surface Water Design Manual. 17 18 I. Landscaping. The Applicant submitted Conceptual Landscape Plans (Ex. 4), with the project application materials. The submitted landscape plans include landscaping adjacent to the 19 building, screening the refuse area, between the building and public sidewalk, a landscape 20 buffer along the north property line, and required street trees between the curb and sidewalk within the public right-of-way. Ten feet of on-site landscaping is required along all public street 21 frontages, with the exception of areas for required walkways and driveways and those zones 22 with building setbacks less than ten feet. This street frontage landscaping buffer requires a mix of trees, shrubs, and ground cover to comply with landscape regulations. 23 24 As proposed the 10-foot of street frontage landscaping along NE 4th St also includes two rain gardens to meet the City of Renton stormwater requirements. The design of these raingardens 25 will be reviewed for compliance with both the 2017 Renton Surface Water Design Manual and 26 SITE PLAN & REASONABLE USE VARIANCE- 6 1 the landscaping regulations of 4-4-070. A detail landscape plan will be submitted and reviewed 2 for landscape code compliance at civil construction permit submittal. 3 The Applicant is proposing a landscape screen along the exterior wall of the parking garage. 4 Staff requested an additional metal framed green wall near the underground parking entrance to 5 enhance the pedestrian experience. A condition of approval will require the Applicant to install a minimum seven-foot six-inch (7'-6") tall metal framed green wall with climbing vines near 6 the parking garage pedestrian entrance located along Bremerton Ave NE. The Applicant shall 7 submit a green wall detail with the final landscape plan for review and approval by the Current Planning Project Manager prior to issuance of the civil construction permit. 8 9 The Applicant is requesting a 5-foot reduction from the 15-foot minimum setback required from Bremerton Ave NE. The Applicant has proposed enhanced landscaping within the 10-foot 10 proposed setback and within the 8-foot wide planter strip to provide additional landscape screening. Staff concurs with this approach. 11 • 12 J. Refuse Enclosure. The code requires a total of 208sf of refuse and recycling areas for the 24 residential units and 6,324sf of combined non-residential uses. The Applicant has proposed 13 273sf of refuse and recycling area, exceeding the code requirements. As noted above in FOF 4I, 14 the Applicant has proposed adequate landscape screening around the refuse and recycling area. However, it is unclear if the refuse and recyclables deposit area is easily and safely accessible to 15 hauling trucks. Therefore, a condition of approval, will require the refuse and recyclables 16 deposit area location to be approved by the City of Renton's solid waste utility provider prior to building permit issuance. Also, the Applicant submitted a refuse and recycling enclosure 17 screening detail (Ex. 12) with the project application materials. The screening detail showed the 18 gate proposed for the refuse and recyclable deposit area; however, it did not demonstrate compliance with all of the enclosure requirements. Therefore, a further condition of approval, 19 will require the Applicant to provide a refuse and recycling enclosure detail at the time of 20 Building Permit review for review and approved by the Current Planning Project Manager. The refuse and recycling enclosure detail shall demonstrate that the trash enclosure would have self- 21 closing doors. 22 K. Building Entries. The proposed building will have two entries along NE 4th St (building entry 23 and a staircase entry to the residential units above the first floor) and five entries facing 24 Bremerton Ave NE (four for the non-residential uses and one to the underground parking garage). All building entries will be oriented toward a public street. The primary building 25 entries have been made visibly prominent through the use of storefront facade, metal canopy 26 and landscaping. Building entries have been clearly marked through the use of glazing and SITE PLAN & REASONABLE USE VARIANCE-7 1 landscaping. In addition, canopies have been used above the building entrances at 2 approximately ten feet above ground level. The canopies will be slightly angled upward 3 (starting at approximately 10 feet above finished grade and extending to approximately 11'-6" above finished grade). The weather protection canopy extends the length of the building along 4 NE 4th St. Then the canopy wraps the southwest corner and extends approximately 106 feet 5 along Bremerton Ave NE. To provide additional weather protection over the entrance to the parking garage, a condition of approval will require the Applicant to provide weather 6 protection, measuring a minimum of four and one-half feet wide and a minimum of three feet deep over the underground parking garage entrance along Bremerton Ave NE. The Applicant has proposed pedestrian walkways along the project site's NE 4th St and Bremerton Ave NE 8 street frontages. All building entries will have a direct connection to the public sidewalk. All 9 walkways will be paved and comprised of an all-weather walking surfaces. 10 L. Building Facades. The primary building entries have been made visibly prominent through the use of storefront façade, metal canopy and landscaping. The proposed building would include 11 modulation and articulation at intervals of 40 feet or less along all façades. It does not appear 12 that all portions of the ground floor façade facing Bremerton Ave NE would be comprised of 50 percent windows and doors. However, as proposed there is less glazing between 4 feet and 8 13 feet above ground along the west elevation due to the structured parking garage façade. The 14 project as conditioned otherwise complies with the guidelines of glazing and ground-level details. 15 16 The upper portion of the building façade along NE 4th St only includes about nine percent glazing with clear windows and only about three percent glazing with clear windows along the 17 upper portion of the north building elevation. The percentage of clear windows with visibility 18 into and out of the building increases significantly along the east and west elevations. In order to break up the building massing and increase light transmittance and visibility into and out of 19 the building, a condition of approval will require the Applicant to provide windows within the 20 staircases on the north and south facing façades. In addition, the Applicant shall increase the percentage of glazing and clear windows along NE 4th St. Revised elevations showing added 21 glazing and upper story clear windows shall be submitted to the Current Planning Project 22 Manager, and approved, prior to building permit issuance. As conditioned, the façades facing public rights-of-way will include modulation, glazing, and landscaped areas to enhance the 23 façade and draw attention away from the structured parking entrances. 24 25 M. Building Materials. The Applicant submitted an Urban Center Design Overlay District Report (Ex. 31) and architectural building elevations (Ex. 11) with the project application. The 26 proposed building would include variations in materials as well as colors (Ex. 13). The building SITE PLAN & REASONABLE USE VARIANCE- 8 elevations included a description of materials proposed to be used on the building. Materials 2 proposed include storefront window systems, cementitious lap siding, cementitious trim, 3 cementitious fascia, steel columns, metal columns, metal siding, exposed concrete siding, exposed masonry, and metal railings with metal panels. The proposed materials appear to be 4 high quality in nature and would be utilized on the facades visible to the public. However, the 5 submitted application materials were conceptual in nature. Therefore, a condition of approval will require the Applicant to provide a materials board including material samples and colors 6 coded to the building elevations at the time of Building Permit Review for review and approval 7 by the Current Planning Manager. 8 Based on the information submitted, there appear to be some walls and columns that would be comprised of poured concrete. A condition of approval will require the Applicant to enhance 9 any walls and/or columns with texturing, reveals, and/or coloring with a concrete coating or 10 admixture. Treatment of any concrete walls and/or columns proposed should be included on the materials board submitted as part of the Building Permit Review. 11 12 N. Ground Level Details. Based on the provided elevations it appears the ground floor of the proposed building would include human-scaled elements such as canopies, lighting fixtures and 13 landscaping. However, ground-level details should also include such things as benches and/or 14 public art. These features were not provided in the submitted application. The combination of all these elements would create a space for an enhanced pedestrian experience. As a result, a 15 condition of approval will require the Applicant to provide site furniture that is made of durable, 16 vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. The site furniture details shall be submitted to and 17 approved by the Current Planning Project Manager prior to building permit approval. The 18 restaurant and retail spaces along the front facades are anticipated to have display areas viewable from the pedestrian realm given the facade treatment with a minimum 10-foot 19 storefront system along the commercial portion of the building frontages. As conditioned 20 above, there will be no untreated blank walls used within the project(See FOF 4K-M). 21 O. Roof Lines. The proposal includes shed roofs, extended parapets and a variety of rooflines to 22 create an interesting roof profile. 23 P. Recreation and Common Open Spaces. Based on the proposal for 24 dwelling units, the project 24 will be required to provide 240sf of common open space within the proposed development. To meet the common open space requirement, the Applicant is proposing the commercial spaces to 25 have patio areas of approximately 977sf on the Bremerton Ave NE street side for seating and 26 SITE PLAN & REASONABLE USE VARIANCE-9 1 common uses. In addition, the Applicant is proposing a large patio space of approximately 2 2,100sf for recreational use on the second level for residents. 3 Q. Equipment Screening. The Applicant is proposing to screen the utility equipment within the 4 building. All other utilities would be located within an underground vault or would be screened 5 with landscaping. The project design includes adequate onsite screening for utility equipment from public view through the combination of landscaping, building architecture and placement. 6 7 R. Signage. A sign package was not included with the submitted application materials. 8 Compliance with the sign requirements will be verified at the time a sign package is submitted for review. 9 S. Lighting. A lighting plan and lighting details were not submitted with the formal land use 10 application materials. A condition of approval will require the Applicant to submit a lighting 11 plan and light fixture details at the time of Building Permit review for review and approval by the Current Planning Project Manager prior to building permit issuance. 12 13 T. Parks. Recreation and Common Open Spaces will be provided as described in Finding of Fact 4P above. The Applicant must pay a Parks Impact Fee for each dwelling unit at the time of 14 building permit issuance. 15 U. Schools. The Renton School District can accommodate any additional students generated by 16 this proposal at the following schools: Honey Dew Elementary, Risdon Middle School and 17 Hazen High School. Students attending Honey Dew Elementary would walk to school along the following route: east along the existing sidewalks along Bremerton Ave NE and west along the 18 existing sidewalks along NE 8th St. Students attending Risdon Middle School would be bussed 19 to school and would walk 0.26 miles to the existing stop located at Bremerton Ave NE at NE 6th St. High School students attending Hazen High School would be bussed to school via bus 20 number 104 after walking 0.42 miles to the existing stop at Union Ave NE and NE 5th St along 21 the following route: north along Bremerton Ave NE to NE 5th St and then west along NE 5th St to the bus stop located at Union Ave NE. 22 23 A School Impact Fee, based on new residential dwelling units, would be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the 24 City as specified by the Renton Municipal Code. 25 5. Adverse Impacts. As mitigated and conditioned, there are no significant adverse impacts 26 associated with the project. Few adverse impacts are anticipated. Adequate infrastructure serves the SITE PLAN & REASONABLE USE VARIANCE- 10 1 site as determined in Finding of Fact No. 4. The SEPA MDNS mitigation measures in the 2 Environmental Report (Ex. 1) are adopted as Conditions of Approval. Adoption of Ex. 28 encompasses both the Findings of Fact and the Conclusions of Law of Staff. All other adverse 3 impacts discernible from the record are also fully mitigated. Impacts are more specifically addressed 4 as follows: 5 A. Stream and Flooding. There is an existing piped stream on the project site. The Applicant is requesting a variance to allow the piped stream to be redirected to a new surface channel that 6 would be constructed in the central portion of the site (Ex. 24). The new stream channel would be spanned by the new building that would be constructed over the open top of the channel (Ex. 7 7). 8 The Applicant submitted a Technical Memorandum for Stream and Wetland Reconnaissance, 9 prepared by Raedeke Associates, Inc. (Raedeke), (Ex. 9). Raedeke conducted a site investigation of the project to document the existing piped stream channel and to document any 10 off-site streams or wetlands within the immediate vicinity. Raedeke observed a four-foot wide off-site stream channel approximately 80 feet east of the project site. The stream channel was 11 found to be associated with an off-site wetland complex approximately 180 feet east of the 12 project site. The wetland contains a palustrine, forested (PFO) vegetation community and is considered by Raedeke to be a seasonal pond with a wetland rating of a Category III. As a 13 result, Raedeke determined that the off-site wetland buffer does not extend onto the project site. 14 Raedeke classified the off-site stream as a Type Ns (non-fish bearing, seasonal) stream. The off- site stream channel enters an approximately 24-inch diameter plastic pipe that extends 15 underneath the central portion of the project site. The flow continues through a series of 16 drainage pipes before discharging to Maplewood Creek, approximately 850 feet west of the site. Based on Raedeke's review of historic aerial imagery, the onsite portion of the stream appears 17 to have been piped sometime between the late 1960s and early 1980s as part of site development. Aerial imagery available from the Historic Aerials (2019) website also suggests 18 that the stream historically flowed through the central portion of the project site and continued off-site further to the west. 19 20 According to Raedeke, the existing 24-inch diameter culvert and pipe servicing the property are not adequate to accommodate water from the stream during heavy storm events. This results in 21 water overtopping the culvert and ponding in the central portion of the site. The proposed building would be constructed with an open space under the building footprint to accommodate 22 the new stream channel and provide additional storage during storm events. The open channel below the building would be required to be privately maintained. The new building would have 23 access routes/hatches above the open channel and adjacent to the Bremerton Ave NE to access 24 and maintain the bottom of the channel. Clearance of 10 feet vertically (from highest elevation within horizontal clearance) and 15-foot horizontally, centered over the channel will be required 25 by the City. In addition, an easement will be required to be provided to the City to allow the City to access the stream channel in an emergency. 26 SITE PLAN & REASONABLE USE VARIANCE- 11 1 According to the Preliminary Technical Information Report (Ex. 6), the current volumes and 2 water quality standards would be maintained as part of the proposed project. In addition, new stormwater generated from the construction of the new building would be detained and treated 3 onsite before being released to the stormwater system downstream of the project site. As such, 4 no adverse impacts to water storage, volume, or water quality are anticipated as part of the proposed site development application. According Raedeke, the overall project is anticipated to 5 improve the flow of drainage across the site and reduce potential impacts from flooding on neighboring properties. In addition, the Applicant concluded that the TIR numbers generated for 6 backwater and flood storage were suitable for the flow calculations (Ex. 21). 7 The project will need to apply for an HPA for removal of the piped stream segment and 8 construction of an open channel located under the proposed building. 9 B. Slopes. There are regulated slopes on the project site. The Applicant submitted a Geotechnical Engineering Report with Infiltration Evaluation (Ex. 8) and a Letter of Understanding Geologic 10 Risk(Ex. 30), with the project application. The primary geotechnical concern with regard to the design for the proposed building is the presence of loose and unacceptable fill soils which 11 present risks of damage due to soil settlement, if not properly over-excavated and filled with 12 compacted structural fill. These risks can be mitigated by constructing the building on top of an augercast pile foundation. According to Geo Group Northwest, concrete grade beams should be 13 used to connect the pile foundations and distribute the building loads. A structural concrete slab may be designed and constructed to support the slab loads and transfer these loads to the piling. 14 Based upon the depth to competent soils at the test pits, pile lengths may be approximately 20- feet with 10-foot embedment into the competent dense soil and a minimum diameter of 14 15 inches. Geo Group Northwest concluded that the performance of piles depends on how and to 16 what bearing stratum the piles are installed and judgement and experience must be used as a basis for determining the embedment length and acceptability of a pile. Geo Group Northwest 17 recommended that a geotechnical engineer be retained to monitor the pile installation operation, collect and interpret installation data and verify suitable bearing stratum. In addition, the 18 geotechnical engineer recommended that the contractor's equipment and installation procedure be reviewed by Geo Group Northwest prior to pile installation to help mitigate problems that 19 may delay work progress. Given these concerns, staff imposed several SEPA mitigation 20 measures. As mitigated, the project will protect the public health, safety and welfare. 21 CONCLUSIONS OF LAW 22 23 1. Authority. Site Plan Review and Variances associated with Hearing Examiner Review are each Type III decisions determined by the hearing examiner (RMC 4-8-080(G)). The site plan and 24 critical areas reasonable use variance of this proposal have been consolidated. As Type III 25 applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 26 SITE PLAN & REASONABLE USE VARIANCE- 12 1 2. Zoning/Comprehensive Plan Designations. The property is zoned Commercial Arterial (CA). 2 The Comprehensive Plan designation is Commercial Mixed Use. The property is located in the 3 Urban Design District D. 4 3. Review Criteria. Site Plan Review are required in the UC-N2 zone (RMC 4-9-200(B)(1) and RMC 4-9-200(B)(2)(a)). Site Plan Reviews are governed by RMC 4-9-200(E)(3). Reasonable Use 5 Variance approval is governed by RMC 4-9-250(B)(6). Urban Design Regulations are governed by 6 RMC 4-3-100(E). Residential mixed-use development standards are governed by RMC 4-4-150(B). All applicable criteria are quoted below in italics and applied through corresponding conclusions of 7 law. 8 Site Plan 9 RMC 4-9-200(E)(3)(a): Criteria: The Administrator or designee must find a proposed project to be 10 in compliance with the following: 11 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, 12 including: 13 i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design 14 Element; and 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 /00. 19 4. The proposal is consistent with applicable comprehensive plan policies, City of Renton 20 zoning regulations and design guidelines as outlined in Findings 16, 17, 18 and 20 of the staff report, which is adopted by this reference as if set forth in full, including the findings and conclusions. 21 22 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: 23 i. Structures: Restricting overscale structures and overconcentration of development on a 24 particular portion of the site; 25 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways 26 and adjacent properties; SITE PLAN & REASONABLE USE VARIANCE- 13 1 iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, 2 rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; 3 4 iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; 5 v. Landscaping: Using landscaping to provide transitions between development and 6 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and 8 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 9 5. As noted above in Finding of Fact No. 4(K-O), the building has been designed to reduce the 10 apparent bulk and provide visual interest through the use of varied materials and modification of the 11 facade. The building uses less of the site than would otherwise be required by code and places parking in a structured garage underground. The building is placed to reduce the impact on on-site 12 critical slopes while providing for a pedestrian plaza and other urban amenities along the property's frontage. As noted in Fining of Fact No. 4(D, G and H), the proposal involves a single curb cut 13 Bremerton Ave NE via a two-way driveway while also providing frontage improvements to match 14 the existing curb line on Bremerton Avenue NE and 4`h Avenue. The pedestrian plaza will enhance the pedestrian experience. As noted in Finding of Fact No. 4(J and Q), loading and storage areas, 15 refuse collection and roof equipment will be screened and will not interfere with pedestrian circulation or parking. There are not significant views from this property. As noted in Finding of 16 Fact No. 4(I), landscaping will be provided around the building, in the pedestrian plaza and on the frontage. As noted in Finding of Fact No. 5(S), as conditioned, lighting will be designed to avoid 17 glare on to adjacent properties or streets while providing safe illumination for site users. These 18 criteria are satisfied. 19 RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: 20 i. Structure Placement: Provisions for privacy and noise reduction by building placement, 21 spacing and orientation; 22 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 23 and vehicle needs; 24 iii. Natural Features: Protection of the natural landscape by retaining existing vegetation 25 and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and 26 SITE PLAN & REASONABLE USE VARIANCE- 14 1 iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide 2 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 3 of planting areas so that they are less susceptible to damage from vehicles or pedestrian 4 movements. 5 6. As noted in the Staff Report (Ex. 28, Finding of Fact No. 21 F), the proposed building has been situated on the project site such that a minimum 17-foot setback would be provided between 6 the building and the south property line and a minimum ten-foot setback would be provided between the parking structure and the west property line. The designated setbacks are intended to help 7 mitigate the impacts of the proposed mixed-use development on the public street frontages. 8 Due to the proposed location of the buildingand topographyEx. 5 it is not anticipated that the P P ( )� P q scale of the proposed building would adversely impact the view or sunlight currently available to adjacent or abutting properties (Ex. 21). The scale of the structures would be compatible with the 10 CA zone building height requirements and other structures allowed located in the Highlands Community Planning Area. 11 12 The project proposal would take advantage of the existing site topography with regards to building placement. Where the existing topography is lower, along Bremerton Ave NE, structured parking 13 would be developed at a lower elevation to support the upper building levels. As previously discussed, the project has proposed to place the building on top of a pile foundation system in order 14 raise the building high enough to provide the required compensatory storage for the stream (Ex.23). 15 The site plan design would limit the on-site parking to be within the proposed building. Required, 16 enhanced and conditioned landscape measures would reduce the impacts of the structured parking area. 17 As noted in Finding of Fact No. 4(I-N, P and Q), landscaping will enhance the appearance of the 18 project. These criteria are satisfied. 19 RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all 20 users, including: 21 i. Location and Consolidation: Providing access points on side streets or frontage streets 22 rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; 23 ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, 24 including the location, design and dimensions of vehicular and pedestrian access points, 25 drives,parking, turnarounds, walkways, bikeways, and emergency access ways; 26 SITE PLAN & REASONABLE USE VARIANCE- 15 1 iii. Loading and Delivery: Separating loading and delivery areas from parking and 2 pedestrian areas; 3 iv. Transit and Bicycles:Providing transit, carpools and bicycle facilities and access; and 4 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, 5 buildings,public sidewalks and adjacent properties. 6 7. The proposal provides for adequate access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4(E-H). 7 8 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 9 of the site. 10 8. The proposal provides for common open space that serves as a distinctive project focal point 11 and also provides for passive recreation as determined in Finding of Fact No. 4(N and P). A primary feature of the proposal are plaza areas in the commercial and residential spaces. 12 RMC 4-9-200(E)(3)(1): Views and Public Access: When possible, providing view corridors to 13 shorelines and Mt. Rainier, and incorporating public access to shorelines. 14 9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. 15 RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural 16 systems where applicable. 17 10. As noted in Finding of Fact No. 5(B), the proposal impacts critical slopes, though the impact 18 is the minimum necessary to allow feasible development of the site. As conditioned, the project provides for adequate public safety and welfare. As determined in Finding of Fact No. 4, the 19 drainage system has been designed as a vault system which will allow the project to discharge into 20 natural drainage courses via the City's existing storm drainage system. 21 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 22 23 11. The project is served by adequate services and facilities as determined in Finding of Fact No. 4(A and B). 24 RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases 25 and estimated time frames,for phased projects. 26 12. The project is not phased. SITE PLAN & REASONABLE USE VARIANCE- 16 1 RMC 4-9-200(E)(3)(j): Stormwater:Providing optimal locations of stormwater infiltrating low 2 impact development facilities. Avoiding placement of buildings or impervious areas on soils with infiltration capability to the maximum extent practicable. 3 4 13. As noted in Finding of Fact No. 4(C), adequate provisions for stormwater have been provided. The Applicant will provide compensatory storage for the daylighted stream and an underground 5 vault for stormwater. The project will comply with the 2017 City of Renton Surface water Design Manual (RSWDM). This criterion is satisfied. 6 7 Urban Design Regulations 8 RMC 4-3-100(E)(1)(1) Building Location and Orientation: 9 1. The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting 10 structures. 11 2. Buildings shall be oriented to the street with clear connections to the sidewalk. 12 3. The front entry of a building shall be oriented to the street or a landscaped pedestrian- 13 only courtyard. 14 4. Buildings with residential uses located at the street level shall be set back from the sidewalk a minimum of ten feet (10) and feature substantial landscaping between the 15 sidewalk and the building or have the ground floor residential uses raised above street level for residents privacy. 16 14. As noted in the staff report (See Staff Report Finding of Fact No. 18), the proposal includes 17 an average 18.5' building setback from NE 4th St, a 10-foot building setback from Bremerton Ave 18 NE and a minimum 26-foot setback to the north property line. The semi-private space located on the second-story roof deck would have access to sun as it maintains an eastern exposure and the third 19 story does not extend over this area. These measures will allow adequate natural light and sun exposure to be maintained to the surrounding commercial and residential uses on the abutting or 20 adjacent properties. The building, including the front entry, will be oriented towards the public right of way (See Finding of Fact 4(K). As described in Finding of Fact No. 4(H) above, there will be 21 clear connections to sidewalks along the project frontage and within the development. As 22 conditioned, this criterion is satisfied. Residential uses will not be located at the street level. These criteria are satisfied. 23 RMC 4-3-100(E)(1)(2) Building Entries: 24 1. A primary entrance of each building shall be: 25 a. located on the facade facing a street, shall be prominent, visible from the street, 26 connected by a walkway to the public sidewalk, and include human-scale elements. SITE PLAN & REASONABLE USE VARIANCE- 17 1 b. made visibly prominent by incorporating architectural features such as a facade 2 overhang, trellis, large entry doors, and/or ornamental lighting. 3 2. Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least 4 four and one-half feet wide. Buildings that are taller than thirty feet (30') in height shall 5 also ensure that the weather protection is proportional to the distance above ground level. 6 4. Features such as entries, lobbies, and display windows shall be oriented to a street or pedestrian-oriented space; otherwise, screening or decorative features should be 7 incorporated 8 15. As noted in Finding of Fact No. 4(K), the proposed building will have two entries along NE 4th St and five entries facing Bremerton Ave NE. All building entries will be oriented toward a 9 public street. The primary building entries have been made visibly prominent through the use of I0 storefront façade, metal canopy and landscaping. Building entries have been clearly marked through the use of glazing and landscaping. In addition, canopies have been used above the building 11 entrances at approximately ten feet above ground level. The canopies will be slightly angled upward (starting at approximately 10 feet above finished grade and extending to approximately 11'-6" above 12 finished grade). The weather protection canopy extends the length of the building along NE 4th St. 13 Then the canopy wraps the southwest corner and extends approximately 106 feet along Bremerton Ave NE. To provide additional weather protection over the entrance to the parking garage, a 14 condition of approval will require the Applicant to provide weather protection, measuring a minimum of four and one-half feet wide and a minimum of three feet deep over the underground 15 parking garage entrance along Bremerton Ave NE. The Applicant has proposed pedestrian walkways along the project site's NE 4th St and Bremerton Ave NE street frontages. All building 16 entries will have a direct connection to the public sidewalk. All walkways will be paved and 17 comprised of an all-weather walking surfaces. As noted in FOF No. 4(K-M), as conditioned, these criteria are satisfied. 18 RMC 4-3-100(E)(1)(3) Transition to Surrounding Development: 19 1.At least one of the following design elements shall be considered to promote a transition to 20 surrounding uses: 21 (a) Building proportions, including step-backs on upper levels; 22 (b) Building articulation to divide a larger architectural element into smaller 23 increments; or 24 (c) Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. 25 Additionally, the Administrator of the Department of Community and Economic Development 26 or designee may require increased setbacks at the side or rear of a building in order to SITE PLAN & REASONABLE USE VARIANCE- 18 reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or 2 abutting yards. 3 16. The project site abuts a commercial zoned property to the east. To promote a transition to the commercial use to the east, the Applicant has implemented modulation and articulation of the 4 building form. In addition, the Applicant is proposing shed roofs, balconies and building step backs 5 along the east elevation to reduce the apparent bulk and scale of the proposed building. As conditioned and described in Findings of Fact No. 4(L and 0), this criterion is satisfied. 6 RMC 4-3-100(E)(1)(4) Service Element Location and Design: 7 1. Service elements shall be located and designed to minimize the impacts on the pedestrian 8 environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. 9 10 17. As noted in Findings of Fact No. 4(J), the proposed refuse and recycle deposit areas are located within the proposed structure and will not impact parking. No impacts to the pedestrian II environment or adjacent uses are anticipated. 12 RMC 4-3-100(E)(2)(2) Structured Parking Garages: 13 1. Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. 14 15 18. The entire ground floor will be commercial uses (retail and restaurant). This criterion is satisfied. 16 RMC 4-3-100(E)(2)(3) Vehicular Access: 17 1. Access to parking lots and garages shall be from alleys, when available. If not available, 18 access shall occur at side streets. 19 2. The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. 20 21 19. As noted in Finding of Fact No. 3 and 4(G), all access is from a single curb cut. This criterion is satisfied. 22 RMC 4-3-100(E)(3)(1) Pedestrian Circulation: 23 1. A pedestrian circulation system of pathways that are clearly delineated and connect 24 buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. 25 a. Pathways shall be located so that there are clear sight lines, to increase safety. 26 SITE PLAN & REASONABLE USE VARIANCE- 19 1 b. Pathways shall be an all-weather or permeable walking surface, unless the Applicant can 2 demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. 3 20. As noted above in Finding of Fact No. 4(H), pedestrian circulation to and throughout the site 4 will be enhanced by the pedestrian plaza and the placement of parking in a structured underground 5 garage. As conditioned, this criterion is satisfied. 6 RMC 4-3-100(E)(3)(3) Pedestrian Circulation: 7 1. Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: 8 a. Sidewalks and pathways along the facades of mixed use and retail buildings one hundred 9 (100) or more feet in width (measured along the facade) shall provide sidewalks at least 10 twelve feet (12) in width. The pathway shall include an eight foot (8) minimum unobstructed walking surface. 11 b. Interior pathways shall be provided and shall vary in width to establish a hierarchy. The I widths shall be based on the intended number of users; to be no smaller than five feet (5) and no greater than twelve feet (12). 13 21. As conditioned, the proposed pedestrian walkways along the building façade meet or exceed 14 the minimum five-foot wide interior pathway (See Finding of Fact No. 4(H). 15 RMC 4-3-100(E)(4) Recreation Areas and Common Open Space: 16 2. All buildings and developments with over thirty thousand (30,000) square feet of 17 nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space. 18 a. The pedestrian-oriented space shall be provided according to the following formula: 19 1%of the site area + 1%of the gross building area, at minimum. 20 b. The pedestrian-oriented space shall include all of the following: 21 i. Visual and pedestrian access (including barrier free access) to the abutting 22 structures from the public right-of-way or a nonvehicular courtyard; and 23 ii. Paved walking surfaces of either concrete or approved unit paving; and 24 iii. On-site or building-mounted lighting providing at least four (4)foot-candles (average) on the ground; and 25 iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one 26 individual seat per sixty (60) square feet of plaza area or open space. SITE PLAN& REASONABLE USE VARIANCE-20 1 c. The following areas shall not count as pedestrian-oriented space. 2 i. The minimum required walkway. However, where walkways are widened or 3 enhanced beyond minimum requirements, the area may count as pedestrian- oriented space if the Administrator determines such space meets the definition 4 of pedestrian-oriented space. 5 22. As noted in Finding of Fact No. 3 and 4(H,N and P) above, the Applicant is proposing patios 6 accessible from the commercial areas and a semiprivate patio for the residential areas. The patios meet the size, access and materials requirements. Other urban amenities are proposed. As 7 conditioned, these criteria are satisfied. 8 RMC 4-3-100(E)(5)(1) Building Character and Massing: 9 1. All building facades shall include modulation or articulation at intervals of no more than 10 forty feet (40). 11 2. Modulations shall be a minimum of two feet (2) deep, sixteen feet (16') in height, and eight feet (8') in width. 12 3. Buildings greater than one hundred sixty feet (160) in length shall provide a variety of 13 modulations and articulations to reduce the apparent bulk and scale of the facade; or provide an additional special feature such as a clock tower, courtyard,fountain, or public gathering 14 area. 15 23. As noted in Finding of Fact 4(L), and as proposed and conditioned, these criteria are satisfied. 16 RMC 4-3-100(E)(5)(2) Ground-Level Details: 17 I. Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be 18 provided along the facade's ground floor. 19 2. On any facade visible to the public, transparent windows and/or doors are required to comprise at least 50 percent of the portion of the ground floor facade that is between 4 feet 20 and 8 feet above ground(as measured on the true elevation). 21 3. Upper portions of building facades shall have clear windows with visibility into and out of the 22 building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50 percent. 23 4. Display windows shall be designed for frequent change of merchandise, rather than 24 permanent displays. 25 5. Where windows or storefronts occur, they must principally contain clear glazing. 26 6. Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. SITE PLAN & REASONABLE USE VARIANCE-21 24. As noted in Finding of Fact No. 4(M, N, P, R and S) above and as conditioned, human-scaled 2 elements such as lighting fixtures or other landscape features are proposed. Conditions of approval require the Applicant to submit lighting and signage plans and to revise the site plans to provide for 3 other urban amenities. As conditioned, these criteria are satisfied. 4 RMC 4-3-100(E)(5)(3) Building Roof Lines: Buildings shall use at least one of the following 5 elements to create varied and interesting roof profiles: 6 a. Extended parapets; 7 b. Feature elements projecting above parapets; 8 c. Projected cornices; 9 d. Pitched or sloped roofs 10 e. Buildings containing predominantly residential uses shall have pitched roofs with a minimum 11 slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof 12 25. The Applicant has proposed a shed style roof. As proposed, this criterion is satisfied. 13 RMC 4-3-100(E)(5)(4) Building Materials: 14 1. All sides of buildings visible from a street, pathway, parking area, or open space shall be 15 finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. 16 17 2. All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. 18 3. Materials shall be durable, high quality, and consistent with more traditional urban 19 development, such as brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass and cast-in-place concrete. 20 26. The Applicant has proposed a building exterior with varied colors, textures, and profiles. 21 Materials proposed include storefront window systems, cementitious lap siding, cementitious trim, 22 cementitious fascia, steel columns, metal columns, metal siding, exposed concrete siding, exposed masonry, and metal railings with metal panels. The proposed materials appear to be high quality in 23 nature and would be utilized on the façades visible to the public. However, the submitted application materials were conceptual in nature. Therefore, a condition of approval will require the Applicant to 24 provide a materials board including material samples and colors coded to the building elevations at the time of Building Permit Review for review and approval by the Current Planning Manager. 25 26 Based on the information submitted, there appear to be some walls and columns that would be comprised of poured concrete. A condition of approval will,require the Applicant to enhance any SITE PLAN & REASONABLE USE VARIANCE-22 1 walls and/or columns with texturing, reveals, and/or coloring with a concrete coating or admixture. 2 Treatment of any concrete walls and/or columns proposed should be included on the materials board submitted as part of the Building Permit Review.As conditioned, these criteria are satisfied. 3 RMC 4-3-100(E)(6) Signage: 4 5 1. Entry signs shall be limited to the name of the larger development. 6 2. Corporate logos and signs shall be sized appropriately for their location. 7 3. In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. 8 4. Freestanding ground-related monument signs, with the exception of primary entry signs, shall 9 be limited to five feet (5') above finished grade, including support structure. 10 5. Freestanding signs shall include decorative landscaping (ground cover and/or shrubs) to 11 provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. I 6. All of the following are prohibited: 13 a. Pole signs; 14 b. Roof signs; and 15 c. Back-lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet 16 signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as area 17 signs with only the individual letters back-lit (see illustration, subsection G8 of this Section). 18 27. Signage has not yet been fully designed for the proposed project. As described in Finding of 19 Fact No. 4(R) and as a condition of approval, the Applicant is required to submit a comprehensive signage package. Locations and supports are required to be compatible with the building's 20 architecture and exterior finishes. The signage package shall be submitted to and approved by the 21 Current Planning Manager prior to sign permit approval. As conditioned, this criterion is met. 22 RMC 4-3-100(E)(7) Lighting: 23 1. Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down-lighting and decorative 24 street lighting. 25 3. Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant 26 landscaping, water features, and/or artwork. SITE PLAN & REASONABLE USE VARIANCE- 23 1 4. Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, 2 unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075, Lighting, Exterior On- 3 Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right-of- 4 way-lighting, etc.). 5 28. As noted in Findings of Fact No. 4(S), a lighting plan and lighting details were not submitted with the formal land use application materials. A condition of approval will require the Applicant to 6 submit a lighting plan and light fixture details at the time of Building Permit review for review and approval by the Current Planning Project Manager prior to building permit issuance. 7 Critical Areas Variance 8 9 RMC 4-9-250(B)(6)(a): That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject 10 property is situated; 11 29. The Applicant's proposal to daylight the piped stream by replacing the existing 24-inch storm drainage pipe bisecting the site with a proposed concrete trapezoidal channel will not be materially 12 detrimental to the public welfare or injurious to the property itself or improvements in the vicinity. 13 The daylighting and creation of compensatory storage under the building will improve existing drainage conditions on the site and reduce localized flooding. 14 RMC 4-9-250(B)(6)(b): There is no reasonable use of the property left if the requested variance is 15 not granted; 16 30. The property is encumbered by an existing drainage pipe and during severe storm activity 17 overflow storage of storm water occurs on the site. The overflow stormwater is from off-site. The depressional topography of the site leaves the off-site stormwater with nowhere else to go during 18 heavy storm events when the existing drainage system/piped stream overflows. Any changes to the topography of the site would impact the quantity of stormwater able to flow through the site. 19 However, City regulations generally do not allow storm water pipes or storage outright under new structures because of potential difficulties in maintaining the structures. Under the current 20 requirements, approximately one-half of the site would either be unusable, or if the topography were 21 altered, the stormwater overflow storage would be modified in quantity with development of the site. Under strict application of the code, no reasonable use of the property is feasible. To allow 22 reasonable use, the piped system must be relocated around structures or located under the building. There is no area on the site to allow the relocation of the piped stream. Provided all mitigation 23 measures and conditions of approval are complied with, the concrete trapezoidal stream channel 24 construction solution proposed under the center of the building will allow reasonable use of the property. 25 RMC 4-9-250(B)(6)(c): The variance granted is the minimum amount necessary to accommodate 26 the proposal objectives; SITE PLAN & REASONABLE USE VARIANCE- 24 1 31. The requested variance is the minimum needed in order to accommodate development of the 2 site while simultaneously maintaining the drainage system. All other options, including upsizing the entire system so the storage would not be needed, or constructing additional drainage structures on 3 site or off site would all be more costly and destructive to the site and surroundings. Based on the 4 stormwater analysis and geotechnical engineering, construction of the building over the stormwater compensatory storage area is the simplest solution with the least drainage impacts while still 5 allowing development of the site (Ex. 8 and 9). The requested variance is the minimum necessary to allow development of the project site as contemplated in the CA zone. 6 RMC 4-9-250(B)(6)(d): The need for the variance is not the result of actions of the Applicant or 7 property owner; and 8 32. The current piping of the stream was accomplished sometime in the 1960s-1980s and is not 9 the action of the present owner or Applicant. Additionally, most of the stormwater flooding issues are related to off-site drainage issues concentrating on this site due to the topography and inadequate 10 sizing of the stormwater pipe. 11 RMC 4-9-250(B)(6)(e): The proposed variance is based on consideration of the best available 12 science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. 13 33. The proposed variance is based on consideration of best available science including the 14 geotechnical, stormwater, civil construction and critical areas reports prepared for the project site 15 (Ex. 1, 6, 7, 8, 9, and 21). 16 Residential Mixed Use Development Standards 17 RMC 4-4-150(B)(2): For vertically mixed use buildings, the facade necessary for interior entrances, lobbies, and areas/facilities developed for the exclusive use of the building's residents, or 18 their guests, is limited to twenty five percent (25%) of the overall facade along any street frontage or 19 the primary facade. 20 33. As noted in the Staff Report (See Staff Report Finding of Fact No. 20), the proposed the façade necessary for interior entrances, lobbies, and areas/facilities developed for the exclusive use 21 of the building's residents, or their guests is limited to approximately 13.5% (9'-3" / 68'-6") of the 22 front façade along NE 4th St. The entrances along Bremerton Ave NE are exclusive to commercial or entrance into the parking garage. As proposed, this criterion is satisfied. 23 RMC 4-4-150(C)(1): A vertically mixed-use building with at least two (2) residential stories 24 above ground floor commercial is required: 25 a. Along any street frontage in the CA Zone; 26 SITE PLAN & REASONABLE USE VARIANCE-25 1 34. The proposed building will include ground floor commercial and retail space with three 2 floors of residential use above. This condition is satisfied. 3 RMC 4-4-150(D): 4 1. Commercial Area Requirement: Except in the CD Zone outside of the Downtown Business 5 District, and CV zoned properties not abutting NE Sunset Blvd. east of Harrington Avenue NE, any development wherein dwelling units are proposed shall provide gross commercial square 6 footage equivalent to fifty percent (50%) of the gross ground floor area of all buildings on site. 7 2. Ground Floor Commercial Space Standards:At a minimum, the development shall include 8 ground floor commercial space along any street frontage or, in the absence of street frontage, 9 along the primary facade of the building in conformance with the following standards: 10 a. A minimum average depth of thirty feet(30') and no less than twenty feet(20') at any given point; 11 12 b. A minimum floor-to-ceiling height of eighteen feet (18), and a minimum clear height of fifteen feet (15') unless a lesser clear height is approved by the Administrator; 13 c. ADA compliant bathrooms (common facilities are acceptable); 14 d. A central plumbing drain line; and 15 16 e. A grease trap and a ventilation shaft for a commercial kitchen hood/exhaust. 17 35. The development is proposing dwelling units and will provide gross commercial square footage equivalent to 51% of the gross ground floor area of the building. The project floor plans 18 include commercial space with between 59'-1" and 89'-8" of depth at any given point along 19 Level 1. The Applicant is proposing a floor-to-ceiling height of sixteen feet, and a minimum clear height of ten feet rather than the 18' and 15' required, respectively. A condition of 20 approval will require the Applicant to provide a minimum floor to ceiling height of 16 feet and 21 a minimum clear height of 15 feet along the portion of the building with a commercial facade. Revised elevations shall be submitted to the Current Planning Project Manager, and approved, 22 prior to building permit issuance. 23 The Applicant will be required to install ADA compliant bathrooms, central pluming drain line, 24 and a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust. Details of these 25 ground floor commercial space standards were not submitted with the formal land use application materials. Therefore, a condition of approval will require the Applicant to provide 26 building floor plans with details for ADA compliant bathrooms, central pluming drain line, and SITE PLAN & REASONABLE USE VARIANCE-26 1 a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust at the time of 2 Building Permit review for review and approval by the Current Planning Project Manager. 3 DECISION 4 The Site Plan Review and Critical Areas Reasonable Use Variance are approved subject to the 5 following conditions. 6 1. The Applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 28, 2019. 7 8 2. The Applicant shall submit revised architectural plans that provide additional building modulation or other architectural detailing along the ground floor of the parking garage and 9 along the bedrooms (levels 2 through 4) facing Bremerton Ave NE. The revised architectural plans shall be reviewed and approved by the Current Planning Project 10 Manager prior to Building Permit approval. 11 3. The Applicant shall grant a private access easement to the CA zoned parcel located to the 12 east of the project site, specifically parcel no. 1023059117. The access easement document shall be reviewed and approved by the Current Planning Project Manager and Development 13 Engineering and shall be recorded prior to Temporary Certificate of Occupancy. 14 4. The Applicant shall submit revised floor plans and site plan with the building permit 15 application identifying the location of code compliant bicycle parking meeting the standards of RMC 4-4-080.F.11, and identify a minimum of fifteen (15) bicycle parking 16 stalls. The revised floor plans, site plan and bicycle parking details shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 17 5. The Applicant shall redesign the exposed concrete wall and metal railing along Bremerton 18 Ave NE to a plaza style design with wall seating and a more pedestrian friendly elements 19 between the building and the public sidewalk. The revised elevation plans and site plan shall be reviewed and approved by the Current Planning Project Manager prior to building 20 permit approval. 21 6. Weather protection, measuring a minimum of four and one-half feet (4-1/2') wide and a minimum of three feet (3') deep, shall be provided over the underground parking garage 22 entrance along Bremerton Ave NE. 23 7. The refuse and recyclables deposit area location shall be approved by the City of Renton's 24 solid waste utility provider (the City partners with Republic Services) prior to building permit issuance. 25 8. The Applicant shall submit a refuse and recycling enclosure detail at the time of Building 26 Permit review for review and approved by the Current Planning Project Manager. The SITE PLAN & REASONABLE USE VARIANCE-27 1 refuse and recycling enclosure detail shall demonstrate that the trash enclosure will have 2 self-closing doors. 3 9. The Applicant shall install a minimum seven-foot six-inch (7'-6") tall metal framed green 4 wall with climbing vines near the parking garage pedestrian entrance located along Bremerton Ave NE. The Applicant shall submit a green wall detail with the final landscape 5 plan for review and approval by the Current Planning Project Manager prior to issuance of the civil construction permit. 6 10. The Applicant shall maintain a minimum interior pathway width no smaller than five feet 7 (5') and the entrance walk along NE 4th St shall be increased from seven feet (7') wide to 8 twelve feet(12') wide. 9 11. The Applicant shall include permeable pavement materials for pedestrian walkways, where feasible, consistent with the 2017 City of Renton Surface Water Design Manual. 10 12. The Applicant shall provide site furniture that is made of durable, vandal- and weather- 11 resistant materials that do not retain rainwater and can be reasonably maintained over an 12 extended period of time. The site furniture details shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 13 13. The Applicant shall submit a public art plan in order to reduce the apparent size of the 14 building and add visual interest. The preferred public art plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 15 16 14. The Applicant shall provide windows within the staircases on the north and south facing façades. In addition, the Applicant shall increase the percentage of glazing and clear 17 windows along NE 4th St. Revised elevations showing added glazing and upper story clear windows shall be submitted to the Current Planning Project Manager, and approved, prior 18 to building permit issuance. 19 15. A materials board including material samples and colors coded to the building elevations 20 shall be provided at the time of Building Permit Review for review and approval by the Current Planning Manager. 21 16. If concrete is used for walls and/or columns, the concrete shall be enhanced by techniques 22 such as texturing, reveals, and/or coloring with a concrete coating or admixture. Treatment 23 of any concrete walls and/or columns proposed should be included on the materials board submitted as part of the Building Permit Review. 24 17. A lighting plan and light fixture details shall be submitted at the time of Building Permit 25 review for review and approval by the Current Planning Project Manager prior to building permit issuance. 26 SITE PLAN & REASONABLE USE VARIANCE- 28 1 18. The Applicant shall provide a floor-to-ceiling height of sixteen feet (16') and a minimum 2 clear height of fifteen feet (15') along the portion of the building with a commercial facade. Revised elevations shall be submitted to the Current Planning Project Manager, and 3 approved, prior to building permit issuance. 4 19. The Applicant shall provide building floor plans with details for ADA compliant 5 bathrooms, central pluming drain line, and a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust at the time of Building Permit review for review and 6 approval by the Current Planning Project Manager. 7 8 DATED this 19th day of December 2019. 9C��-- 10 Phil Olbrechts City of Renton 11 Hearing Examiner 12 Appeal Right and Valuation Notices 13 As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III 14 application(s) subject to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner's decision must be filed within fourteen (14) calendar days from the date of the 15 decision. A request for reconsideration to the hearing examiner may also be filed within this 14- day appeal period. 16 Affected property owners may request a change in valuation for property tax purposes 17 notwithstanding any program of revaluation. 18 19 20 21 22 23 24 25 26 SITE PLAN & REASONABLE USE VARIANCE-29