The URL can be used to link to this page

Home My WebLink AboutD_2nd_&_Main_Apartments/The_Lofts_@2nd_&_Main_080501G7 M May 1, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER/APPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: N & C Investments, LLC 7432 SE 27`x' Street Mercer Island, WA 98040 Steve Thomas TSA Architects 10800 NE 8' Street, Ste. 300 Bellevue, WA 98004 2`1 and Main Apartments File No.: LUA 07-139, SA -H, CU -H, ECF 207 Main Avenue South Applicant requested Site Plan Review and Conditional Use Permit approval for the construction of a 6 -story (69 feet, 10 inches) mixed-use building. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on April 8, 2008 After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 1 S, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, April 15, 2008, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Map Exhibit No. 3: Overall Site Plan Exhibit No. 4: Enlarged Site Plan Exhibit No. 5: Landscape Plan Exhibit No. 6a: Elevations 2ti,d and Main Apartments Si[c ,.r roval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 2 The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located at the southwest corner of S 2nd Street and Main Avenue South. The project is a mixed-use project, with 101 dwelling units in five Ievels above the ground level, which contains both parking and 9, 344 square feet of commercial space. The existing use is a coffee shop, Jet City Espresso, which encompass 1,850 square feet. The new building footprint would be approximately 26, 242 square feet and the total building area is approximately 134, 094 square feet. All existing structures would be demolished. There would be one below grade parking level with 87 parking spaces, at grade level is commercial and parking with 38 parking spaces. There are 7 tandem parking spaces at grade level as well that will be assigned to residential use only. There are 125 parking spaces proposed, code requires 110, 11 parking spaces proposed for the commercial, code requires 9, 114 for residential, code requires 101, including the 7 tandem spaces. There is one parking entrance for commercial use and one entrance of residential parking. The two levels of the parking garage would be connected inside the structure by ramps and would be accessible from two driveways, which would enter the structure at grade level. The main entrance would be located at the corner of South 2"d Street and Main Avenue S with a chamfered corner on the building, which emphasizes its architectural prominence. The apartment entrance would be located on Main Avenue South. Much modulation has been used in the design of the building to help break down the scale of the building and to emphasize the comer location. The Comprehensive Plan policy encourages taller buildings and more intensive uses in the downtown area. This building is 69'10" tall and the CD zone allows 95 -foot tall buildings. The CD zone allows residential density of 100 dwelling units per acre. This building has a density of 148.5 dwelling units per acre on the 0.68 -acre site, which would be permitted with the granting of a Conditional Use permit by the Hearing Examiner. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated with seven mitigation measures. No appeals were fled. Parks, Transportation and Fire Mitigation Fees were imposed by the ERC. An avigation easement was also required by the ERC. The project is consistent with the Comprehensive Plan criteria. The proposal to increase the residential density to 148.5 du/ac is consistent with those policies The Examiner stated that there needs to be a community need for the increase in density. There seems to be no justification for an increase of this size. If an increase of this size would be granted, wouldn't any development downtown be entitled to that? How does one avoid a precedent of allowing everyone to come in with a much Exhibit No. 6b: Elevations Exhibit No. 7: Zoning Ma Exhibit No. S: ERC Mitigation Measures Exhibit No. 9: Rendering of exterior of building (8.5 x 11) Exhibit No. 10: Prepared statement by Bill Collins The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located at the southwest corner of S 2nd Street and Main Avenue South. The project is a mixed-use project, with 101 dwelling units in five Ievels above the ground level, which contains both parking and 9, 344 square feet of commercial space. The existing use is a coffee shop, Jet City Espresso, which encompass 1,850 square feet. The new building footprint would be approximately 26, 242 square feet and the total building area is approximately 134, 094 square feet. All existing structures would be demolished. There would be one below grade parking level with 87 parking spaces, at grade level is commercial and parking with 38 parking spaces. There are 7 tandem parking spaces at grade level as well that will be assigned to residential use only. There are 125 parking spaces proposed, code requires 110, 11 parking spaces proposed for the commercial, code requires 9, 114 for residential, code requires 101, including the 7 tandem spaces. There is one parking entrance for commercial use and one entrance of residential parking. The two levels of the parking garage would be connected inside the structure by ramps and would be accessible from two driveways, which would enter the structure at grade level. The main entrance would be located at the corner of South 2"d Street and Main Avenue S with a chamfered corner on the building, which emphasizes its architectural prominence. The apartment entrance would be located on Main Avenue South. Much modulation has been used in the design of the building to help break down the scale of the building and to emphasize the comer location. The Comprehensive Plan policy encourages taller buildings and more intensive uses in the downtown area. This building is 69'10" tall and the CD zone allows 95 -foot tall buildings. The CD zone allows residential density of 100 dwelling units per acre. This building has a density of 148.5 dwelling units per acre on the 0.68 -acre site, which would be permitted with the granting of a Conditional Use permit by the Hearing Examiner. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated with seven mitigation measures. No appeals were fled. Parks, Transportation and Fire Mitigation Fees were imposed by the ERC. An avigation easement was also required by the ERC. The project is consistent with the Comprehensive Plan criteria. The proposal to increase the residential density to 148.5 du/ac is consistent with those policies The Examiner stated that there needs to be a community need for the increase in density. There seems to be no justification for an increase of this size. If an increase of this size would be granted, wouldn't any development downtown be entitled to that? How does one avoid a precedent of allowing everyone to come in with a much d 2 and Main Apartments Site A proval Fite No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 3 greater density than originally foreseen for this area? Increased density means increased traffic and while this project is close to the Transit Center, there is a request for an increase in parking spaces. Mr. Wasser continued stating that staff had looked at this project as a precedent setting project in that they expect re -development and revitalization of the downtown core area. Other departments in the City have reviewed this and it appears that it can all be accommodated. The subject site is located in a redeveloping area of the Downtown Core. There are two other residential projects that have been identified, both north of this property. One is Merrill Gardens with 155 units, also to the north is the 55 Williams project which contains 37 units. The proposed development has been designed to meet the development standards for the CD zone except for the permitted density. No setbacks are required in the CD zone; the building would be built close to the property line on all sides. Landscaping is not required, but would be included and would screen parking garage walls at street level. The proposed mixed-use development is intended to serve the surrounding community by providing additional housing and commercial opportunities. Attached units are permitted in the zone; the additional density can be permitted with an approved conditional use permit by the Hearing Examiner. Commercial space is permitted in the CD zone, the request for additional density, which may be increased with the Examiner's approval, is allowed. The project conforms with the comprehensive plan in regards to the mixed-use element, higher density. It will provide a more intensive use on an otherwise underutilized site and create additional housing opportunities. The development provides single, one and two bedroom units located in the Downtown Core area. The proposed development promotes the goals and policies of the City's economic development priorities for the downtown area. The proposed building is "U" shaped to provide a common open area on the westerly or alley side. The remaining sides incorporate modulation to provide visual interest with bay windows and a varied roof7ine_ The main entrance to the commercial space would be at the corner of Main Avenue South and South 2`1 Street with a chamfered corner at the entrance. The bulk of the building is reduced through the use of different materials on the building facades. Brick will be used at the base with a combination of vertical and horizontal siding with complimentary colors is proposed for the bay windows. The proposal is expected to increase property values in the vicinity of the site and as a result of this development; this area of the City's downtown would be enhanced. A Traffic Impact Analysis was submitted and determined that there would be an increase in traffic trips to the City's street system. The Renton Transit Center is located south of South 2nd Street on Burnett Avenue S, which is within walking distance of the project. Water service and other utilities are available and would be extended as necessary to the building as required by City code. Steve Thomas, TSA Architects, 10840 NE 8`h Street, Ste. 300, Bellevue 98004 stated that the density issue is critical to all areas. There are two points of access, the alley is not a thru alley so they have widened the paved surface of the alley in order to meet the Fire requirements. The secondary access is off the south end of the 2" d and Main Apartments Site � royal File No_: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 4 structure, off Main Street. It is the furthest point from the intersection of 2 and Main. That was a critical element of the design. There will be warning devices to help warn pedestrians of approaching vehicles. The southern retail area is accessed from the outside, the northerly retail areas can be accessed both from the outside and the inside. From the commercial parking area you can access the north retail area. There is an internal corridor area that will allow you to move in and out of the main area and the street outside. The building was designed to create the internal courtyard because of the narrowness of the alley they were working to capture the most light into the units, They are in favor of the increase in density and internal parking. The tandem parking is strictly for the residential use. Kavren Kittrick, Development Services stated that the alley would be widened for safety and efficiency. The alley would be two-way traffic because there is no way out at the opposite end. They have met the Fire standards and located the driveway as far away from the intersections as possible. She understood that some type of public art or piece of artwork would be placed on the corner at the entrance to the building. They would be looking very carefully to maintain sight distance and utilities are not impacted. The Geotech would be looking for any necessary clean up of soils etc. The applicant would be required to get a certification for contamination from the DOE. Jennifer Henning, Current Planning Manager with Community and Economic Development Department stated that regarding the Conditional Use Permit for the increased density that is being proposed and actually amend the record slightly for the increase density that is being proposed. There recently have been some revisions to the Comprehensive Plan document. The policies that are referenced actually don't exist in the most current version of the document. These are newly adopted policies. They asked to keep the record open in order to provide the Examiner with the current updated policies. The policies that support this added density include: "LU 124 — states that they should promote the timely and logical progression of residential development, priority for higher density development should be given to development of land with infrastructure capacity in land located closer to the cities urban center. LU219 — projects in the urban center downtown should achieve an urban density and intensity of development that is greater than typical suburban neighborhoods characteristics of urban intensity include no or little setbacks, taller structures, mixed uses, structure parking, urban plazas, and amenities within buildings." The Examiner questioned the "community need" statement and the need for not having an over -concentration. This creates an issue on where the limit has been reached, before going down the road, where does it stop and how are we going to control future development? Ms. Henning further referenced policy LU227, which states that density bonuses of up to 150 dwelling units may be granted within designated areas for contribution to a public amenity such as passive recreation or public art and structured public parking. In terms of "community need" these are the two terms the Examiner must consider; that the location would not result in either a detrimental over -concentration of a particular use within the city and that the proposed location is suited for the proposed use. This is one of the first projects of this type and is precedent setting, but it also serves as a catalyst for retail development in the downtown area. The residential units are necessary to kick start the retail and services that are envisioned for the downtown. r r 2"d and Main Apartments Site Approval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2048 Page 5 Bill Collins, 420 Cedar Ave S., Renton 98457 stated that he had three neutral comments, first there is a proposal being considered to replace the tavern and apartment building south of this project with a two to three story structure that would effectively block the first and second residential levels of the 2"" and Main apartments. Second, the apartments currently under construction at South 5`h and Williams require construction equipment to take up the curb and southbound lane of traffic. The construction of the 2"d and Main apartments will most likely require the use of the curly and one southbound lane of traffic. Parking would be restricted on the east side, which would directly impact the businesses on the east side of Main Street. Finally, parking for construction crew is critical and should be found somewhere and be in writing by the developers. There should be parking provided somewhere besides off site so as to not impact neighborhoods, businesses and the residential area around the site. Kayren K_ittrick stated that a traffic control plan would be required, currently the work hours are from 8:34 am to 3:30 pm, this must go through the transportation division for approval. This has two very busy sections of streets, 2❑d is a State Route. There is a parking lot across the street, City owned. There will be discussion as the time approaches as to how much of that parking lot is available for construction crews, they will also be encouraged to use other parking areas and shuttle or walk to the site. Staging may be difficult there are some areas available that they may be able to stage from after they have reached a certain level of construction. They will not be able to block the alley, 20 minutes at a time is the maximum time allowed. Mr. Thomas stated that they have met with the Arts Commission as to resolution to style and type of art or sculpture that will be placed on the corner. Ms. Henning stated this is part of a trade-off for the added densities, part of the Conditional Use Permit. LU227 states that density bonuses up to 154 may be granted within designated areas for provision of a contribution to a public amenity including public art. It appears that the current discussions are around finding something that will fit the area and not conflict with the utilities. Iolanthe Chan -McCarthy, N&C Investments, 7432 SE 27"' Street, Mercer Island, WA 98040 stated that she has had meetings with the Arts Commission and they are waiting for our team to get them the size of artwork that would be allowed in that particular area. The Commission is very excited about this corner and they would like to participate in putting a piece of artwork there, however it has to be worked out among developer and Arts Commission to decide who would take care of this artwork. The Commission has stated they would be willing to contribute about $44,400 towards the piece of artwork. The Examiner stated that he would leave the record open for one week, in which time he would like to see some direct indication of what this actual piece of art work would be that is being placed at the comer of the building. The staff report did not address this trade-off until the question came up at this hearing. Debby Natelson, 801 Renton Ave S., Renton 98057 stated that she thought this was a well -conceived project. There obviously will be a lot of traffic and a traffic mitigation fee has been imposed, but where does this money go. It seems the mitigation should be more towards doing something to reduce the need for added trips. Perhaps there should be a small market in the complex or a certain variety of things that would allow the tenants to walk rather than drive. There also is a great need for bicycle racks being built in. Kayren Kittrick stated that the money does go into a very large fund, which allows systemic changes as necessary in these particular areas. Bike racks have been a part of these types of communities as well as things that could lessen traffic flow. 2`i and Main Apartments Site Approval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 6 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:32 am. The record was kept open for an additional week. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, N & C Investments, LLC, filed a request for a Site Plan Approval and Conditional Use Permit. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1_ The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 207 Main Avenue South. The parcel is on the southwest corner of the intersection of Main Avenue South and South 2nd Street. Bronson Way South also intersects at this intersection. The parcel is approximately a block west of the old Renton Municipal Building and Renton Library. An alley, entering from S 2nd, runs along the western edge of the subject site but does not continue as a through -route to S 3rd Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Urban Center Downtown uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CD (Center Downtown). The subject site is in the Urban Design Overlay Area District A. This zone does not require front, rear or side yard setbacks nor does it require any landscaping regime. The subject site was part of the original incorporation of the City. The subject site is approximately 29,530 square feet or 0.68 acres. The subject site is approximately 240 feet wide (Main frontage) and 120 feet deep (2nd frontage). 10. The subject site is essentially flat with no topographic features. 11. The subject site is partially used for Jet City Espresso. The site was formerly a gasoline service station. All excavation on the site will have to be monitored for contamination from the prior use. 12. The applicant proposes developing a six -story mixed-use building. The building would contain a level of underground parking, interior ground level parking, commercial uses along the north and east facades and residential units in the upper five stories. 13. The new building would have a footprint of 26,242 square feet. It would have 134,094 square feet 0 40 2,d and Main Apartments Site Approval File No.: LUA-07-139, SA -11, CU -H, ECF May 1, 2008 Page 7 residential units. There would be 9,344 square feet in the commercial space. Parking would be divided with 11,901 square feet at ground level and 25,076 square feet below grade for a total of 36,977 square feet of parking. 14. Vehicular access will be provided by two driveways into the parking garage. One entrance will be from the alley near the northwest corner of the building. The second driveway would be from Main Avenue near the southeast corner of the building. A central core will provide access to the residential and commercial spaces from the garage. 15. The building will feature an architecturally distinct central point or canopy along Main as the main entrance to the residential component. The main entrance to the commercial areas will be from the corner of the building at Main and 2nd. There will also be access from the street to the commercial facades. 16. The residential units will include a mix of unit types including one and two-bedroom units. The building will be U-shaped around a courtyard area oriented to the west or overlooking the alley. This area will provide private, landscaped open space. A variety of facade details will include decks and modulations with distinct color panels used to disguise the bulk. Hip and shed roofs with overhangs will step up and down to add additional visual relief to the various facades. Brick will be used at ground level and in other detail treatment to add variety to the materials presented to the public. 17. Staff calculated that lot coverage would be 99% which is permitted since the Zoning Code permits 100% coverage in the CD zone. 18. Staff has recommended that the two driveways be provided with mirrors and warning devices to protect passing pedestrians. The rear or western garage face would be screened by five feet of landscaping. 19. Street trees will be provided along both Main and 2nd. Planter boxes along the facade will highlight the driveways and commercial and residential entryways. 20. The dwelling unit density for the complex would be 148.5 units per acre. Code permits a range of 25 to 100 units per acre and up to 150 units per acre after review of a Conditional Use Permit. The applicant seeks a Conditional Use Permit. The original staff report did not provide justification for the proposed increased density. Staff amended the report and analysis in the week following the public hearing. The applicant originally designed the building with a chamfered edge at the corner of 2nd and Main to provide a setback area in which a piece of public art could be displayed. The intersection of 2nd, Main and Bronson Way provides a visual as well as physical gateway to the downtown core. Staff believes that this focal point for public art provides a justification under Policy LU -227 for the increase in density sought by the applicant. That policy allows density bonuses in exchange for the provision or contribution to a public amenity such as public art. 21. The subject site is located within the Renton School District. The project is expected to generate approximately 33 (33 students/unit) school age children. These students would be spread across the grades and would be assigned on a space available basis. 22. The development is anticipated to generate approximately 1,042 new daily trips. The trips will be generated in the morning and evening peak traffic hours by the residential component and by the commercial uses during the middle hours of the day. The ERC imposed a traffic mitigation fee to help offset impacts of the development on transportation corridors. % ft 2"a and Main Apartments Site Approval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 8 23. The proposal is located in the downtown core and urban services such as water, sewer and stormwater are available or can be extended to serve the subject site. CONCLUSIONS: The subject proposal requires both a Conditional Use Permit due to its proposed density of 148.5 units per acre and a Site Plan Approval since it contains more than 100 units and is taller than four stories and is greater than 60 feet in height. Some of the criteria overlap for these two permits and the conclusions reflect that overlap. Conditional Use Permit The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 4-9-030(G), which provides in part that: a. The proposal generally conforms to the Comprehensive Plan; b. There is a general community need for the proposed use at the proposed location; There will be no undue impacts on adjacent property; d. The proposed use is compatible in scale with the adjacent residential uses, if any; e. Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and i. Adequate public services are available to serve the proposal. The requested conditional use appears justified. The comprehensive plan suggests urban -scale uses in this area of downtown Renton. The proposal definitely fits the definition of urban -scale. It would contain 101 dwelling units for a density approaching 150 dwelling units per acre, the maximum allowed, and it will be a six -story building containing urban store fronts at the ground level and residential units on the upper five -stories. 4. It would appear that there is a demand for multiple family housing stock, particularly such stock close to urban amenities such as shopping and transit opportunities. The creation of a gateway entrance to the City also serves a community need by providing a focus and focal point as people enter the downtown core from the north and east. The fifty percent increase in density does push the boundaries and this office can only hope that the proposed art will provide a reasonable tradeoff in creating such unprecedented increase in density. The plans for the art remain formative at this time, leaving a lot to the imagination. The fact that the Arts Commission may be contributing to the installation will hopefully provide some assurance that the public interest will be served. 21"' and Main Apartments Site Approval File No.: f.UA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 9 The development of a six -story building will have impacts both in terms of shading, shadows and traffic on the surrounding uses. Those impacts were generally anticipated when the comprehensive plan and zoning were adopted which, enabled larger, more dense development in the urban core. The increased population will presumably translate into additional patronage in nearby businesses. The impacts will not be undue but, again, there will be impacts. 6. While the proposal would be larger than many immediately surrounding structures, the approximately 70 -foot tall building is actually 25 feet shorter than permitted in the CD zone and taller buildings have been recently erected west, north and south of the subject site. The old City Hall building is only a block to the east and it is a six -story building. All parking will be contained inside the building in an underground and ground level parking area. The applicant sought and staff granted a modification to allow parking in excess of the normal ratio. Obviously the additional parking will encourage more automobile use, which might be considered contrary to urban center objectives particularly with a transit center only a few blocks away. The building's garage entrances join a number of similar ones created recently in other larger buildings in the downtown area so pedestrians have had an opportunity to deal with vehicles crossing sidewalks. Staff has recommended safety devices such as mirrors and audible signals to provide an extra measure of safety. 9. The new building will probably help to create additional vitality, which could translate into additional hubbub. This coupled with the increase in traffic is not untenable in an urban core area. 10. The applicant will be providing some landscaping features as well as supplementing the sidewalks with additional street trees to soften the visual impact on passersby. 11. The proposal is located in the urban core and public services are available or can be extended to serve the use. Site Plan 12. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; M ti 2°d and Main Apartments Site Approval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 10 h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 13. The proposal meets both the goals and objectives of the comprehensive plan as well as the Zoning Code provisions for the CD zone once the Conditional Use Permit is approved allowing the greater height and density as noted above. The applicant will be providing some setbacks to accommodate some landscaping relief but the zoning does not require setbacks. 14. As noted above, the building will be larger than its immediately surrounding neighbors but the zoning permits it and the surrounding uses are generally commercial buildings that will not be unduly impaired by a larger neighbor. There will be more traffic and general comings and goings and the larger building will cast longer shadows. Again, these factors were considered for this urban core area when the zoning was enacted. 15. The proposed building will include a varied facade including a variety of colors and materials as well as modulations and articulations in the facade. It will also feature a variety of roof treatments and the landscaped patio area to the west would also provide setback between units facing the courtyard area. 16. The redevelopment of the site should increase property values for the area and, again, its increased residential population should bring additional trade to area shops and businesses. 17. The driveways will be protected as noted above and the courtyard area will provide for additional light and air to reach units in this U-shaped building. 18. There are sufficient utilities to serve the proposal. 19. In conclusion, the proposed use appears to be well designed and continues the trend to create articulated, craftsman style complexes before yielding to the more monolithic modern glass, metal and concrete forms of larger urban areas. DECISION: The Site Plan and Conditional Use Permit is approved subject to the following conditions: 1. All excavation on the site shall be monitored for contamination from the prior use. 2. The installation of mirror, warning devices or other safety equipment at both driveways shall be incorporated into the final building design and completed prior to the issuance of the certificate of occupancy. The satisfaction of this requirement is subject to the review and approval of the Community and Economic Development Project Manager at the time of building permit review. 3. A board depicting materials to be used on the facades of the proposed building shall be submitted. The satisfaction of this condition is subject to the review and approval of the Community and Economic Development Project Manager at the time of building permit review. 4. Public art shall be prominently located at the northeast corner of the building lot and provision for such art and its installation shall be finalized prior to issuance of the occupancy permit. r� 211d and Main Apartments Site Approval File No.: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 11 ORDERED THIS 151 day of May 2008. 5�I FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 151 day of May 2008 to the parties of record: Gerald Wasser Kayren Kittrick Development Services Development Services City of Renton City of Renton Steve 1"homas Bill Collins TSA Architects 420 Cedar Ave S. 10800 NE 8"' Street, Ste. 300 Renton, WA 98057 Bellevue, WA 98004 Kent Bradford Debby Matelson State Farm Insurance 801 Renton Ave S. 1000 S 2°d Street Renton, WA 98057 Renton, WA 98057 .Bob Gambill, Sr. Charles L. Divelbiss Seattle Public Utilities 316 SE Pioneer Way, Ste. 342 700 Fifth Avenue Oak Harbor, WA 98277 PO Box 34018, Ste. 4900 Seattle, WA 98104 TRANSMITTED THIS 1'1 day of May 2008 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Jennifer Henning Current Planning Manager City of Renton Iolanthe Chan -McCarthy N&C Investments 7432 SE 27`s' Street Mercer Island, WA 98040 Gary Kriedt, Metro Transit 201 S Jackson St., MS KSCTR-0431 Seattle, WA 98104 Patt Comstock Metro Transit 201 S Jackson St., MS KSCTR-0431 Seattle, WA 98104 Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., May 15, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. M ti 2`d and Main Apartments Site Approval File No_: LUA-07-139, SA -H, CU -H, ECF May 1, 2008 Page 12 An appeal to the City Council is governed by Title W, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May 15, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 207 Main Avenue South (southwest corner of Main Avenue South and South 2nd Street) r-_] �7 i_ idly 9 P"L ...... W so x,fi �. CLLL 0� -- . -_-- d uielN v P U Z i_ W so CLLL 0� �U -75.0 an. a witr v ILn ori a woE�1T 1/S