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HomeMy WebLinkAboutD_HEX_Decision_Valley_View_Professional_Office_071016,----------------------.. • • October \6,2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Binh Nguyen Valley View Professional Development, LLC 607 SW Grady Way, Ste. 210 Renton, W A 98057 Valley View Professional Office File No.: LUA 07-086, SA-H, ECF South of S 37 th Street, west of S 38 th Court Applicant requested Site Plan approval for the construction of a 26,600 square foot combination general office and medical/dental office ~uilding and associated parking and landscaping improvements. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on October 2, 2007 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 October 9, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, Octobei9, 2007, at 9:00 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: Exhihit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Overall Site Plan Exhibit No.4: Enlarged Site Plan Exhibit No.5: Landscape Plan Exhibit No.6: Elevations Exhibit No.7: Dumpster Enclosure Detail Exhibit No.8: Zoning Map Valley View Professional Office s!..pproval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 2 I Exhibit No.9: ERC Mitigation Measures • The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located to the west of Talbot Road, south ofS 37 th Street, and east of Highway 167. It is also north of the Valley Medical Center Hospital. The property is zoned Commercial Office (CO). The Comprehensive Plan designation is Commercial Corridor (CC). Access to the site would be provided via S 38 th Court, however a secondary gated emergency access is proposed off of S 37 ti• Street. The site area totals approximately 5.6 acres and the new building area is about 26,600 square feet. The proposed development would occur on the NE 1.5 acres of the site, the remaining 4 acres are proposed to remain undeveloped. The proposed building would be 2 stories and 25' in height with a 13,300 square foot underground parking garage. Eighty-eight parking spaces are proposed, 34 would be located in the underground parking garage. The south and southwest portion of the site in encumbered with critical areas; protected slopes, a Class 2 stream, a Class 2 wetland and a Class 3 wetland. The stream required a 100' buffer, the Category 2 wetland requires a 50' buffer and the Category 3 wetland requires a 25' buffer. No impacts are proposed to any of the critical areas or their buffers. . The ERC issued a Determination of Non-Significance -Mitigated with 5 mitigation measures. No appeals were filed. The project is in compliance with the Comprehensive Plan in the Land Use Element and further meets the requirements oflot coverage standards and setbacks. A Restrictive Covenant has been recorded on the property and requires a 40' setback along the north and east property lines. The proposed building does comply with all these setbacks. Landscaping regulations require a 15' wide sight obscuring landscape strip along all street frontages. The City parking regulations have further landscaping requirements, a minimum of 25 square feet of landscaping is required per space and one tree for every six parking spaces provided. With 54 parking stalls a minimum of 1,350 square feet oflandscaping is required with a total of9 trees. The submitted landscape plan includes a total of 6,618 square feet of landscaping around the perimeter and within the parking area, which exceeds the minimum requirement. They also propose 12 street trees and 48 other trees within the parking area. The maximum height permitted is 20' above the maximum height permitted in the abutting residential zone. That height is 30' and so a maximum height of 50 feet is allowed on this site. The proposed building is proposed to have a height of 25 feet. It appeared that the impacts to surrounding residential areas would be felt most strongly to the north, to mitigate for that the applicant has proposed an 18' wide sight obscuring landscaping strip using trees and an ornamental fence. The building would be set back 40' from the residential uses. The Parks Department has reviewed this proposal, based on future plans for the City of have a trail system through the Panther Creek wetlands, they have requested a 15-foot wide trails easement through the south portion of this project site, it would connect to a property further to the east. The total site area is approximately 5.6 acres, which results in a building lot coverage of 5%. In addition the south portion is encumbered with steep slopes and critical areas, staff has recommended that a Native Growth Protection Easement be recorded over the critical areas and their associated buffers. The edge of the buffer, or , ." Valley View Professional Office SIte Approval • File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 3 top of slope, should be delineated with a split rail fence and signed appropriately, The fencing and signage should be submitted to Development Services for approval prior to the issuance of a building permit The main entrance of the building is located on the north portion of the project site, The refuse and recyclable area would be located at the northeast comer of the building. A 6-foot tall enclosure is proposed to house this area. The project must further comply with the 2005 Department of Ecology Stormwater Management Manual for erosion and sediment control. Traffic and Fire Mitigation Fees were imposed on the project . The Fire Department has reviewed the proposal and it has been noted that the location for the secondary access in the northeast comer of the site does not provide them adequate maneuvering area in order to access the furthest comer of the building, it is more than 150 travel fire lane for them and so they have requested that the gated emergency access be moved further to the west or that a cul-de-sac fire tum around be designed, The existing stormwater runoff sheet flows into the existing on-site Class 2 stream to the south. A stormwater detention vault will be installed on the NW corner of the project in order to contain and treat the additional stormwater that is anticipated. The applicant will be required to comply with the 2005 King County Surface Water Design Manual. There is a 12-inch water main in S 38 th Street that would provide the required fire flow, A water main extension onto the project site would be required. There is a IS-inch Metro Sewer transmission line located along the north property line. There will be a connection to this sewer main. Floor drains in the parking garage are required to be connected to the sanitary sewer system. Rick Charbonneau, ORB Architects, 22247 Dorry Don Way, Maple Valley, WA 98038 stated that they had been looking at the fire lane turnaround access, they believe they can do it by moving the entry point to the west approximately across from the main building entry, They will have to look at the grades to get up to the building level. There is a retaining wall along that northern line. They believe it is possible, however the turnaround may cause the loss of some of the parking spaces, The Examiner stated that whatever solution they come up with the Fire Department will examine it carefully. The easiest solution might be to just swap the location of the gate to the west somewhere if the topography would permit that in some fashion. Me. Charbonneau stated that that area is very steep at the west end and that they would gain a couple more parking spots where the gate is currently proposed. They will work with the Fire Department and get the situation resolved. The Examiner stated that the driveway could be eastern most and still provide the proper access, The other solution would be to expand the parking elsewhere, either in the garage under the building or reduce the building's bulk. Mr. Charbonneau questioned the Parks Department request for the trail, would the trail be within the wetland footprint or on the developed side. Ms, Ding stated that it would be'in the undeveloped portion. The split-rail fence would be located at the top. ,--------------------------------------------------- Valley View Professional Office I Approval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 4 • Kavren Kittrick, Development Services Division stated that the Fire Department would work close during the process, they must sign off on the final plans so whatever they do will meet the Fire Department's needs. The applicant could use sprinklers as an alternative. 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 9:33 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, Binh Nguyen, Valley View Professional Development, filed a request for a Site Plan approval. 2. 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. 3. 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. 5. The subject site is located immediately south of South 37th Street and west of Talbot Road South. South 38th Court, if extended, would bisect the site into a north half and south half. Valley Medical Center is located south of the subject site. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial corridor uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CO (Commercial Office). 8. The subject site was annexed to the City with the adoption of Ordinance 1743 enacted in June 1975. 9. The subject site is approximately 5.6 acres or 244,807 square feet. The parcel is irregularly shaped with an odd shaped dogleg in the southeast comer that extends out to Talbot Road. 10. The subject site has a variety of topographical features defining its southern half. There are steep slopes down to the south and west, Panther Creek runs east to west across this portion of the site and two wetlands, a Category 2 wetland and a Category 3 wetland, are also located in this area. II. The wetlands and creek require buffer zones, which defines the limits of development adjacent to those features. The applicant will be preserving these various critical areas and buffers and staff recommended that they be placed into a Native Growth Protection Easement. Staff also recommended delineating the protected areas with a fence and signs. 12. The property to the north of the subject site is zoned R-8 (Single Family - 8 units per acre) while the property to the west, along SR-167, the Panther Creek Wetlands, are zoned R-I (Single Family -I unit l ;alley View Professional Office stAPproval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 5 • per acre). These zoning districts abutting the subject site require larger setbacks with 15 feet and sight obscuring landscaping and limit height to 20 feet above the 30 feet permitted in the R-I zone, or a total of 50 feet. 13. The site is currently vacant. 14. The applicant proposes developing a 25-foot tall building containing approximately 26,600 square feet of office and medical space. The building would have a 13,300 square feet footprint. There would be an enclosed garage for 34 vehicles with 54 surface stalls. Building coverage is limited to 75% when there is enclosed parking and this building actually covers only approximately 5 percent. 15. The exterior treatment will be concrete and glass. 16. Primary access to the site will be via an extension of South 38th westerly to a private driveway. A second, gated access would be via South 37th Street running along the north side of the project site. An ornamental fence is proposed to protect the views of the single-family homes north of the site. A covenant also requires a 40 foot screened setback along the north and east property lines. It is highly doubtful that any development would occur west of the site on the R-I zoned Panther Creek wetlands. 17. The applicant's building leasing arrangements show approximately 10,960 square feet each for general office and medical/dental. The general office parking requirements would range from 33 to 49 stalls while the medical would require 55 stalls for a total range of 88 to 104 stalls. As noted, the applicant proposes the minimum 88 stalls. 18. The emergency access apparently does not provide the measure of access required by the Fire Department, as the access is more than 150 feet from the furthest point of the building. The plans will have to either provide an internal turnaround or a relocation of the emergency entrance. An internal turnaround might reduce area for parking which in turn could reduce the building's interior space. 19. Landscaping will be required and provided along the north and east margins of the site. The native landscaping in and buffering of the critical slopes, wetlands and creek will provide natural landscaping. Landscaping is also required and will be provided in the parking lot areas. 20. The development will increase traffic approximately 611 daily trips. These trips will be customer, patient, employee and delivery trips spread out over the course of a day. 21. Stormwater will comply with 2005 King County requirements. Stormwater now sheet flows to the south and the creek. Stormwater will be detained in a detention vault and released in a controlled manner to the creek. The system will require its own permit. 22. Sewer and water service are available to the site. 23. The Parks and Recreation Plans suggest a pedestrian path along the creek and to the larger wetlands west of the site. The Parks Department has requested that the applicant provide an easement for such a path through the natural areas of the site. CONCLUSIONS: 1. 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: Valley View Professional Office _APproval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 6 a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. 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; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The development of an office building containing a mix of professional offices and medical/dental offices is compatible with the comprehensive plan. The office building is somewhat remote from the Talbot corridor but together with the other CO zoned properties along Talbot, the use does help move away from a strip commercial appearance toward a more cohesive development pattern. 3. The proposal meets the requirements of the Zoning Code as far as height, setbacks and access as well as meeting the strictures of covenants that protect the residential uses adjacent to the subject site. Compliance with Building Codes will be established when an application is submitted. The applicant will have to satisfY the requirements of the Fire Department as far as secondary access is concerned. 4. The twenty-five foot tall building coupled with its generous setbacks and both proposed and native landscaping will blend in with adjacent residential uses and will not unduly impact even its commercially zoned neighbors. 5. The applicant will be protecting the considerable critical areas on the site as well as their buffers. The stream, wetlands and slopes will be set aside and protected. 6. The development of the subject site will increase traffic in the area and there will be the general noise associated with site development but there should be no long-term impacts that were not anticipated when the site was zoned for commercial uses. There should not be negative impacts on property values. The development will increase the tax base of the City. 7. The site is well off of Talbot and its circulation patterns appear reasonable for both vehicles and pedestrians. 8. The low-rise building will not adversely interfere with light and air to the site, the critical areas or neighboring properties. 9. Staff noted that adequate public services are available to the site. The comprehensive plan does suggest that a path be provided in this area to allow public access to the wetlands and the applicant should ~alley View Professional Office I Approval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 7 • comply with this aspect ofthe comprehensive plan as they have complied with the more generic land use elements of that plan. 10. In conclusion, the proposed use appears to be a reasonable addition to this area of the City and will provide additional support services to the nearby hospital by providing additional professional offices. DECISION: The Site Plan is approved subject to the following conditions: 1. A IS-foot wide trail easement on the south portion of the project site, along Panther Creek, shall be dedicated and recorded to the City of Renton Parks Department prior to the issuance ofa building permit. 2. A Native Growth Protection Easement (NGPE) shall be recorded over the onsite protected slope areas, wetlands, stream and their associated buffer areas prior to the issuance of a building permit. 3. The edge of the NGPE shall be delineated with a split rail fence and identified with sign age as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division Project Manager at the time of Building Permit application for review and approval. The fencing and signage shall be installed prior to the issuance of the Certificate of Occupancy. 4. The site plan shall be revised to either relocate the secondary access further to the west to eliminate the need for a fire truck tum around, or an approved fire truck tum around shall be provided in the northwest comer of the surface parking lot subject to the approval of the Renton Fire Department. ORDERED THIS 16th day of October 2007. FREDJ. KAUF HEARING EXAMINER TRANSMITTED THIS 16th day of October 2007 to the parties of record: Jill Ding Development Services City of Renton Kayren Kittrick Development Services City of Renton Rick Charbonneau ORB Architects 22247 Dorry Don Way Maple Valley, WA 98038 Binh Nguyen Valley View Professional Development, LLC 607 SW Grady Way, Ste. 210 Renton, W A 98057 ~alley View Professional Office I Approval File No.: LUA-07-086, SA-A, ECF October 16, 2007 Page 8 • TRANSMITTED THIS 16th day of October 2007 to the following: Mayor Kathy Keolker 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 Robert Van Home, Deputy Fire Chief 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 I OOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m .. October 30, 2007. 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 ofthe record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, 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 writiug on or before 5:00 p.m .. October 30, 2007. 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: South of S 37111 Street, west" of S 38111 Court (parcel no. 3023059111)