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HomeMy WebLinkAboutSR_HEX_Report_LUA-05-133PUBLIC HEARING City of Renton Department of Planning / Building / Public Works PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public March 14, 2006 Hearing Date File Name: Rainier Mixed-Use South Parking Lot (Chang's Parking Lot) File Number: LUA 04-093, ECF, SA-A and LUA 05-133, V-H Project Manager: Keri Weaver Project The applicant is requesting Administrative Site Plan and Variance review for the construction of 27 parking spaces within a surface lot associated with Chang's Mongolian Grill restaurant. The Description: proposal includes portions of two large parcels containing Category 2 and 3 wetlands. The Category 3 wetland would be filled in to accommodate the parking lot with wetland compensation proposed off-site and include wetland creation, enhancement and buffer averaging. The proposal also involves the removal of noxious weeds; piping of an existing watercourse; installing a retaining wall; utility improvements; and a parking modification. Continued on next page Project West of 505 Rainier Ave. N. and southeast of NW 6th Street Location: Exist. Bldg. N/A Proposed New Bldg. Area: NA Area: Site Area: South Parcel -20,012 sq ft North Parcel -59,951 sq ft Project Location Map SitePLN -,pt. doc. doc City of Renton PIBIPW Department Pre ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14,2006 Page 2 of 11 B. EXHIBITS The following exhibits are entered into the record: Exhibit No.1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. Exhibit NO.2: Neighborhood Map (dated Nov. 10,2004). Exhibit NO.3: Sheet A001. Overall Site (Key) Plan (dated July 29,2004) Exhibit NO.4: Sheet A002. South Lot and South Wetland Fill Plan (dated July 29,2004) Exhibit NO.5: Sheet A003. North Wetland Enlargement & Enhancement Plan (dated July 29,2004) Exhibit NO.6: Sheet W1. Conceptual Planting Plan (dated July 29,2004) Exhibit NO.7: Sheet C1.0. Demolition and TESC Plan (dated July 29,2004) Exhibit NO.8: Sheet C2.0. Parking Lot Grading and Drainage Plan (dated July 29,2004) Exhibit No.9: Sheet C4.0. North Wetland Grading and Drainage Plan (dated July 29,2004) Exhibit No.1 0: Zoning Map, Sheet E 3 West (dated Dec. 28, 2004) Exhibit No. 11: ERC Mitigation Measures Exhibit No. 12: Letter from Kathy Curry, The Watershed Company, dated August 31, 2004 Exhibit No. 13: Letter from Hugh Mortensen, The Watershed Company, dated December 13, 2005 c. GENERAL INFORM A TION: 1. 2. 3. 4. Owners/Applicants: Zoning Designation: Comprehensive Plan Land Use Designation: Existing Site Use: 5. Neighborhood Characteristics 6. 7. B. North: East: South: West: Access: Site Area: Project Data: EXisting Building Area: New Building Area: SitePLN_rpt.doc.doc JDA Group, LLC, and I.D. Kline Corp., 95 S. Tobin Street, Renton, WA 98055 Commercial Arterial (CA) Employment Area -Commercial (EA-C) Vacant Sixth Street short plat, zoned Residential-8 units/acre (R-8) Auto repair shop and espresso stand -zoned CA Chang's Mongolian Grill restaurant -zoned CA Single-family residential-zoned R-8 From Chang's existing parking lot off Rainier Ave. N 9,200 square feet (parking lot) of 20,012 sq ft parcel Area N/A N/A comments N/A N/A City of Renton PIBIPW Department Prf, ary Report to the Hearing Examiner RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14,2006 Total Building Area: N/A C. HISTORICAUBACKGROUND ACTION Zoning Comprehensive Plan Annexation Short Plat (Sixth Street) Site Development Plan (Rainier Station) Land Use File No. N/A N/A N/A LUA04-093, SoH LUA05-155, SA-H, V-H, LLA, ECF LUA04-093 AND LUA05-133 Page 3 of 11 N/A Ordinance No. Date 5141 6/07/1993 4498 02/20/1995 1461 09/15/1963 N/A 11/04/2004 pending D. APPLICABLE SECTIONS OF THE DEVELOPMENT REGULA TlONS (RMC TITLE IV): 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120.B: Commercial Development Standards 2. Chapter 3 Environmental Regulations and Special Districts Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations -General Section 4-4-070: Landscaping Regulations Section 4-4-080: Parking, Loading, and Driveway Regulations Section 4-4-090: Refuse and Recyclables Standards Section 4-4-095: Screening and Storage HeighVLocation Limitations 4. Chapter 6 Streets and Utility Standards 5. Chapter 9 Procedures and Review Criteria Section 4-9-200: Site Plan Review 6. Chapter 11 Definitions E. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Environmental Element 3. Transportation Element F. DEPARTMENT ANAL YSIS OF SITE DEVELOPMENT PLAN APPLICATION: 1. PROJECT DESCRIPTION/BACKGROUND The subject project includes portions of two parcels (to be referred to as the South Parcel and the North Parcel). The applicant is proposing to construct a 27 stall surface parking lot with access drive, pedestrian connection and SitePLN_rpt.doc.doc City of Renton PIBIPW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14,2006 Prl, ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 Page 4 of 11 storm water management facilities. The filling of a Category 3 wetland on-site and off-site wetland compensation to a Category 2, piping of an existing watercourse, and installing retaining wall are also included on the south parcel development. The north parcel, which is not contiguous to the south parcel, would include wetland enhancement and creation, removal of uncontrolled fill, construction of an ecology block wall and wetland buffer averaging. The site is located west of Rainier Ave. South and north of an existing restaurant, Chang's Mongolian Grill. A request for a parking modification has been made by the applicant to increase the number of parking spaces for the restaurant. The applicant contends the parking lot is needed to support the restaurant by additional parking during peak hours, specifically the lunch hours and evenings of Friday and Saturday. Adjacent to the site is a auto repair with espresso stand to the east, to the south is Chang's, to the north is the approved but undeveloped Sixth Street short plat, and single family residential to the west. The site is zoned Commercial Arterial (CA) as designated on the City's zoning map and Employment Area - Commercial (EA-C) on the City's Comprehensive Plan. A utility easement exists on a portion of the existing south parcel and the adjacent restaurant parcel; however, reCiprocal cross-access easements between the subject site and Chang's are required. The South Wetland and North Wetland are at the bottom of small ravines. The edges of both sites are bound by steep slopes that surface drain to a small watercourse. Existing vegetation includes maple, alder, cottonwood, fir and hemlock and an understory of blackberries and shrubs. One tree from the south parcel and four from the north wetland area are proposed to be removed. The applicant is requesting buffer averaging to reduce the required buffer of 50 ft for the North Wetland, to 25 ft on the east side in order to accommodate a future development proposal (Rainier Station). The applicant also requests a modification to the required wetland compensation timing, which would be reduced from a 12 month timeframe to be concurrent with filling the south wetland. Additionally, the applicant is requesting a variance from the Tree Cutting and Land Clearing Regulations for proposed vegetation removal and work within the required 25-ft buffer of the onsite watercourse/stream. The project is dependent upon approval of this variance, as the parking lot is proposed to be placed within the filled area of the South Wetland. The project is vested to its application acceptance date of August 12, 2004, and is not subject to the current Critical Areas regulations. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 6, 2006 the Environmental Review Committee issued a Determination of Non-Significance, Mitigated (DNS-M) for the project. The DNS-M included six (6) mitigation measures. A 14-day appeal period commenced on February 6, 2006 and ended on February 20, 2006. On February 20, 2006, the applicant appealed the DNS-M, and asked the Environmental Review Committee to reconsider and clarify the mitigation measures for silt fencing, wetland fencing and signage, and placement of an ecology block wall. The Environmental Review Committee issued a Revised DNS-M on February 23, 2006. A 14-day appeal period for the Revised DNS-M commenced on February 23, 2006, and ended on March 10, 2006. 3. ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposed project, the following mitigation measures were issued for the Revised Determination of Non-Significance -Mitigated, dated February 23, 2006: 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 2. During site preparation and construction, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the North and South wetlands and buffer areas adjacent to the proposed construction areas. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. SitePLN_rpt.doc.doc City of Renton PIBIPW Department PrE-, ary Report to the Hearing Examiner RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) LUA04-093 AND LUA05-133 PUBLIC HEARING DATE: MARCH 14,2006 Page 5 of 11 3. After the development of parking lot and associated site improvements, the applicant shall install permanent fencing (Le. split-rail fence or other approved barrier) and signage along the entire eastern edge of the North and South wetland buffers. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 4. The applicant shall provide the total buffer fill square footage and an update landscape plan illustrating the exact locations of where interplanting was installed on the South Parcel as part of the Wetland Mitigation Plan. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 5. In the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone (360) 586-3065. 4. STAFF REVIEW COMMENTS Representatives from various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH SITE PLAN APPROVAL CRITERIA As per RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with anyone or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation. The site plan review criteria include, but are not limited to, the following": A. CONFORMANCE WITH THE COMPREHENSIVE PLAN, ITS ELEMENTS AND POLICIES: The subject site is designated Employment Area -Commercial (EA-C) on the City's Comprehensive Plan Land Use Map. The purpose of EA-C is to provide for commercial uses requiring large amounts of land and/or high visibility and access to large volumes of automobile traffic in areas outside of Centers and the Center Downtown designations. The proposal is consistent with the following policies intended to guide development in the EA-C land use designation: Policy LU-170. Individual development projects should be encouraged to: a. minimize curb cuts and share access points. The proposed parking lot shares the same curb cut/driveway with Chang's Mongolian Grill to access Rainier Ave. North. Policy LU-174. Parking areas should be landscaped (including street trees, buffers, berms), especially along the roadways, to reduce the visual impacts. The proposal includes landscaped areas around the perimeter of the parking lot. Policy EN-B. -Achieve no overall net loss of the City's remaining wetlands base. The applicant is proposing to fill in a Category 3 wetland and compensation via wetland creation and enhancement to a Category 2 wetland in order to address code requirements and to maintain the same wetland square footage. Policy EN-9. -In no case should development activities decrease net acreage of existing wetlands. The applicant would provide wetland creation and enhancement to an off-site wetland to compensate for filling of an on-site wetland; thus no decrease of acreage would occur. Policy EN -10.-Establish and protect buffers along wetlands to facilitate infiltration and maintain stable water temperatures, provide for the biological regime, reduce amount and velocity of run-off, and SitePLN_rpt.doc.doc City of Renton P/B/PW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14, 2006 PrE-ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 Page 6 of 11 provide for wildlife habitat. Buffers along the wetland would be enhanced; however, the north wetland is proposed to have an ecology block wall separating the buffer from the wetland. B. CONFORMANCE WITH LAND USE REGULA TlONS The subject site is located in the Commercial Arterial (CA) zone as depicted on the City's Zoning Map. A variety of retail sales and services along high-volume traffic corridors, including medical offices and clinics, are permitted in the zone. The proposed surface parking lot would be an outright permitted use within the CA zone. The proposal's satisfaction of the applicable development standards of the CA zone are discussed below: Lot Coverage -There are no buildings proposed. Setbacks -The CA zone requires a minimum front building setback of 10 feet and no maximum setback from the street property line. No building is proposed as part of this application. Landscaping -The CA zone requires a minimum 10 foot landscaped setback from all street frontages. The site does not front any public streets. However, the perimeter of the parking lot is required to have a minimum width of five feet of landscaping. The parking lot is 9,100 sq. ft.; thus does not trigger the 5% landscaping requirement. The applicant is proposing to have an interplanting of plant materials around the parking lot. The landscape plan calls out a variety of native trees, shrubs and herbs to be determined by the Landscape architect or wetland biologist. The plan indicates that they would field locate plants within these areas. To ensure sufficient plants are installed, staff recommended as part of the environmental review a mitigation measure requiring a final landscape plan be submitted illustrating where and how many interplantings were installed. Buffer enhancement plant materials include: Vine Maple, Redstem Dogwood, willows, Red Elderberry; and Sword Fern, to name a few. The site does abut residentially zoned properties. The south parcel abuts R-8 to the north and west. However, due to the steep slopes and the wetlands, the side and rear yard landscaped areas would be provided for by the additional landscaping as part of the wetland compensation; thus the project complies with this development standard. Building Height -There are no buildings proposed as part of this development. Parking -The parking regulations require a specific number of off-street parking stalls be provided based on the amount of square footage dedicated to certain uses. The applicant is requesting a parking modification to allow additional parking to support Chang's Mongolian Grill. Approval of the modification is made concurrently with the site plan approval. The parking ratio applicable to the site is: Eating and Drinking Establishments -1 space per 100 sq. ft. Based on these use requirements and on the 3,500 net sq. ft. floor area, 35 parking spaces would be required to meet code. Currently there are 43 spaces on-site which is 8 greater than required. The applicant proposes to provide 27 additional parking spaces to total 70 parking spaces distributed between the two lots. The applicant's justification to support their request is as follows: In 2001, Chang's Restaurant took ownership of the facility. The facility is approximately 5,000 gross sq. ft. with a net area of 3,500 sq. ft. seating 140 patrons. The restaurant has been and is deemed to be successful with an ongoing stream of patrons during the busiest times (lunch) and evening hours of Friday and Saturday. They contend that potential patrons enter the parking lot and exit due to lack of parking and that the parking has become the de-facto cap on the growth of the business. To alleviate this cap on their growth, the restaurant has been looking for nearby locations to expand their parking. As no on-street parking is available or allowed and other sites are not available, the JDA Group property abutting the restaurant property was identified as the best and only alternative by the applicant. SitePLN_rpt.doc.doc City of Renton PIBIPW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PrE-ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 PUBLIC HEARING DATE: MARCH 14,2006 Page 7 of 11 Modifications may be granted by the Department Administrator for individual cases providing that a specific reason makes the strict letter of the Code impractical, and that the modification is in conformity with the intent and purpose of this Code and that such modification: a. Will meet the objectives and safety, function, appearance, environmental protection, and maintainability intended by the Code Requirements, based upon sound engineering judgment; and The applicant states that the existing restaurant does not provide adequate parking to support its business during peak hours and its format and popularity and continuing the limited amount of parking limits the potential economic development of the restaurant. The function, appearance and maintainability is met. Environmental protection is affected by the proposed parking lot by the filling of a wetland and piping of a watercourse. The applicant is proposing wetland compensation for the impacts to the on-site wetland by creating and enhancing an offsite wetland. b. Will not be injurious to other property(ies) in the vicinity; and The applicant states that the proposed parking lot is located on similarly zoned commercial property and is topographically isolated from other less intensively zoned properties nearby. The surrounding developed properties include the restaurant, auto businesses and an espresso stand. The residential areas are physically isolated due to the topography. The parking lot itself would not affect the surrounding properties. Parking currently exists for the restaurant and the additional spaces would maintain the associated use. c. Conform to the intent and purpose of the Code; and The applicant contends that providing sufficient parking for users of the restaurant is the intent of the Code by keeping the business viable and managing parking for the neighborhood. The Code does require parking dependent on the use proposed. Modifications to the code are permitted in order for unique circumstances, such as limited parking, and to provide for flexibility where justified. The additional parking meets the intent of the Code. d. Can be shown to be justified and required for the use and situation intended; and The applicant observed the existing traffic and parking patterns of the restaurant which confirms the need for additional parking. The additional parking appears to be justified for the continuing viability of the restaurant due to the constraint of the site and the surrounding development. e. Will not create adverse impacts to other property(ies) in the vicinity. As previously noted by the applicant, the site is isolated by topography and vegetation on the south, west and north and abuts an existing used car sales lot on the east. A parking lot is a permitted use in the zone and would not impact the other businesses in the vicinity. Staff recommends approval of the modification granted all other conditions and mitigation measures are complied with. Screening -There are no buildings proposed; thus screening is not applicable in this case. Pedestrian Connection -The CA zone requires a pedestrian connection to be provided from a public entrance to the street and in this case from the new parking lot to Chang's restaurant. The applicant is proposing to provide a four foot wide concrete pedestrian way flush with the pavement from the new parking lot to Chang's existing parking lot. Staff recommends as a condition of site plan approval that the applicant construct the pedestrian connection of a different material than the driveway to further define the separation of the automobile from the pedestrian and be clearly signed with text similar to "Yield to Pedestrians". C. MITIGA TION OF IMPACTS TO SURROUNDING PROPERTIES AND USES SitePLN_rpt.doc.doc City of Renton PIBIPW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14, 2006 PrE-ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 Page 8 of 11 The proposed development of the site as a parking lot is not anticipated to impact adjacent properties and uses. The filling of the wetland and piping of the watercourse may impact the surroundings. However, these issues can be appropriately addressed with mitigation of the wetland fill and an engineering design to address hydrology. The SEPA review addressed these environmental issues. The use is discussed within the site plan review. The properties to the west and north are zoned residential and are single family developments. These properties are isolated from the proposed parking lot by topography and existing vegetation. To the east is an existing used car lot and espresso stand and to the south is Chang's Mongolian Grill, all with same zoning of Commercial Arterial. The parking lot sited to the northwest of the business is to support Chang's Grill and would not be highly visible from the street. According to code, parking lot lighting fixtures are to be non-glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent properties, including the Renton Municipal Airport. The airport also requires an avigation easement for noise and fiyovers from airport traffic, which has been addressed in the site plan conditions. Potential short-term noise and traffic impacts would result from the initial construction of the project to adjacent properties. The applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects within 300 feet of residential uses to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays and no work is permitted on Sundays. D. MITIGA TlON OF IMPACTS OF THE PROPOSED SITE PLAN TO THE SITE The applicant is proposing to fill a Category 3 wetland to provide for the construction of the 27 stall parking lot. A pedestrian connection would be provided to connect the main entry of the building to the public sidewalk and north to the parking lot. The proposal is expected to impact the site. Critical areas are present and have been discussed within the environmental review section of this report concerning slopes, wetlands and streams/creeks and compensation for impacts to the site. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). 2. As provided in the DNS-M Condition #2, a silt fence will be required, to be installed along all areas of the North and South wetlands that may be subject to erosion/siltation impacts from new construction and/or proposed mitigation activities. A permanent fence is required around the entire perimeter edge of the wetland buffer (including any newly created buffer) adjacent to the South Wetland construction area to provide awareness of the wetland location and prevent impacts from human activity. E. CONSERVATION OF AREA-WIDE PROPERTY VALUES The proposed development is not expected to decrease property values in the vicinity of the site. The development of the vacant site into a parking lot would include landscaping and infrastructure improvements including those related to surface water. F. SAFETY AND EFFICIENCY OF VEHICLE AND PEDESTRIAN CIRCULA TION Vehicular access to the site will be via a 22-foot driveway located at the northwest corner of the existing Chang's Mongolian Grill parking lot. The main portion of the Chang's parking lot has driveway access from Rainier Ave. N. Construction truck hauling hours are limited to between 8:30 a.m. to 3:30 p.m. under the Development Guidelines Ordinance in order to avoid conflicts with peak hour traffic. The Traffic Planning Section will review construction-related impacts prior to issuing final construction permits. G. PROVISION OF ADEQUA TE LIGHT AND AIR SitePLN_rpt.doc.doc City of Renton PIBIPW Deparlment Prt-lary Report to the Hearing Examiner RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) LUA04-093 AND LUA05-133 PUBLIC HEARING DATE: MARCH 14,2006 Page 9 of 11 Exterior onsite lighting, including security and parking lot lighting, would be regulated by code. Compliance with this code (RMC 4-4-07S) ensures that all building lights are directed onto the building or the ground and can not trespass beyond the property lines. Staff does not anticipate that parking lot lighting would become an issue due to the siting of the parking lot and the adjacent uses provided code requirements are met. H. MITIGA TION OF NOISE, ODORS AND OTHER HARMFUL OR UNHEAL THY CONDITIONS It is anticipated that the most significant noise, odor and other potentially harmful impacts would occur during the construction phase of the project. The applicant is required to submit a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. prior to any construction/building permits being issued. The proposed development does not appear that it would not generate any harmful or unhealthy conditions. I. AVAILABILITY OF PUBLIC SERVICES AND FACILITIES TO ACCOMMODATE THE PROPOSED USE Fire Department and Police staff have indicated that the City's existing facilities and resources are adequate to accommodate the subject proposal. Water -There is an existing 12-inch water main located in Rainier Ave. N. The static water pressure at the street level is approximately 6S psi. The site is within the 270 Water Pressure Zone. The site is outside an Aquifer Protection Zone. No watermain are required to be extended. Water would be needed for the irrigation system and include the installation of a new water meter. Sanitary Sewer and Storm Drainage -There is an existing 8-inch sewer main in NW Sth Place (portions of which have been vacated). The development of a parking lot will not require extension of sewer service. A Surface Water System Development charge based on a rate of $0.249 of the total sq. ft. of the new impervious surface area of the site. The fee is estimated at $2,187.96 for a total of 8,787 sq. ft. of new impervious (per the TIR) and is required to be paid prior to the issuance of a building permit. J. PREVENTION OF NEIGHBORHOOD DETERIORA TION AND BLIGHT. The proposal would result in the construction of a surface parking lot with site improvements including landscaping, a pedestrian connection and lighting. No deterioration or blight is expected to occur as a result of this proposal. 6. STAFF ANAL YSIS OF VARIANCE REQUEST The applicant is requesting a variance from the Tree Cutting and Land Clearing Regulations for proposed vegetation removal and work within the required 2S-ft buffer of the onsite watercourse/stream. The applicant proposes to fill a portion of the onsite Class III wetland (South Wetland), clear vegetation, culvert the onsite watercourse, and operate mechanical equipment for these purposes. A variance application was submitted on September 20, 200S (LUAOS- 133). The project is dependent upon approval of this variance, as the parking lot is proposed to be placed within the filled area of the South Wetland. The South Wetland is located at the bottom of a small ravine, bounded by steep slopes that surface drain to a small watercourse. Existing vegetation includes maple, alder, cottonwood, fir and hemlock and an understory of blackberries and shrubs. One tree and understory vegetation is proposed to be removed within the 2S-foot buffer. The project is vested to its application acceptance date of August 12, 2004, and is not subject to the current Critical Areas regulations. The variance request requires a public hearing and recommendation by the Hearing Examiner. 1 . Consistency with Variance Criteria Section 4-9-2S08.S.a. lists four criteria that are required to be considered, along with all other relevant information, in making a decision on a variance application. A determination must be made that the conditions specified below have been found to exist: SitePLN_rpt.doc.doc City of Renton PIBIPW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING DATE: MARCH 14,2006 PrE. ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 Page 10 of 11 a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: The applicant contends that special circumstances apply to the subject site, which impose undue limitations on its development under applicable development regulations. Specifically, the applicant indicates that the presence of a wetland on the site and adjacent areas of steep slopes have constrained the buildable area of the site so that reasonable use is precluded without the requested variance. The topography of the site slopes steeply up to the north and south of the proposed parking lot. The applicant states that adhering to the 25-foot buffer requirements would create a protected area through the middle of the site with limited area outside of steep slopes, which would limit buildable area to a maximum 25- foot width on one side of the buffer and less than 25 feet on the other. These restrictions would prevent any reasonable commercial development from occurring consistent with the site's zoning and other developed properties in the immediate area. b. 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 property is situated: The applicant indicates that the proposed work within the buffer area will result in a paved area (parking lot), with stormwater runoff directed to a biofiltration swale and then to an existing conveyance pipe. The variance will permit extension of the existing stormwater conveyance pipe approximately 120 feet north of its current location, to culvert the existing onsite watercourse. Prior to receiving construction permits, the applicant will be required to demonstrate that removal of the natural detention provided by the wetland will not contribute to future downstream problems or flooding, and that the proposed stormwater pipe connection and the downstream system have sufficient capacity to serve the entire basin (future conditions) and build-out (reference proposed Plat Conditions #5 and 6). c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: A parking lot is a permitted land use in the CA zone per RMC 4-2-070K. The project will be consistent with relevant development regulations in all other aspects. The applicant indicates that approval of the variance request would allow reasonable development of the site consistent with that allowed to other property owners, given the topographical limitations of the site and required buffers. d. That the approval is a minimum variance that will accomplish the desired purpose: The applicant contends that the request is a minimum variance needed in order to develop the proposal, due to the steep topography and limited buildable area. The parking lot will be limited to the south side of the parcel adjacent to existing development, which will minimize disturbance to undeveloped areas that would result from further extension of stormwater piping and placement of additional impervious road surface. H. RECOMMENDA TION: Staff recommends approval of the Rainier Ave. Mixed-Use South Parking Lot, Project File No. LUA-04- 093, ECF, SA-A, and the associated variance, Project File No. LUA05-133, V-H, subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non-Significance -Mitigated that was issued by the Environmental Review Committee on December 28, 2005. SitePLN_rpt.doc.doc City of Renton PIBIPW Department RAINIER AVE. MIXED-USE S. PARKING LOT (SITE PLAN & VARIANCE) PUBLIC HEARING OA TE: MARCH 14, 2006 Prl-ary Report to the Hearing Examiner LUA04-093 AND LUA05-133 Page 11 of 11 2. The applicant shall provide detailed landscape and lighting plans that shows proposed parking lot landscaping and lighting prior to the recording of the final site development plan, subject to review and approval by the Development Services Division. Lighting shall comply with RMC 4-4-075 and shall not create offsite glare that may interfere with aviation traffic. 3. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and to submit a Construction Mitigation Plan for review and approval by the Development Services Division, prior to issuance of construction permits. 4. The applicant shall submit a final wetland mitigation plan that complies with the Determination of Non- Significance -Mitigated, issued on December 28, 2005. The final plan shall include a five-year monitoring schedule for mitigation, with a maximum 10% cover of invasive plant species during the monitoring period. Per code requirements, wetland mitigation shall be conducted and shown to be successful for 12 months prior to proposed wetland fill impacts. The final plan shall include a detailed grading plan including at least two cross-sections through the wetland creation/restoration area, and a requirement that a qualified wetland biologist be present during grading of that area. As fill soils are removed, if the original wetland soils are revealed and found to be at an acceptable elevation for future wet/and conditions, the grading plan will be field modified as approved by the wetland biologist in order to replicate original conditions as closely as possible. 5. A drainage analysis and design for this project is required to meet the standard of the 1990 King County Surface Water design manual. The report submitted with the application utilized a method for design of the bio-swale contained in the Department of Ecology 2002 manual. Approval of the construction plan is conditioned upon the applicant's demonstration that this method is equal or better than the King County 1990 design criteria for water quality facilities. The analysis shall also demonstrate that removal of the natural detention provided by the South Wetland area to be filled will not contribute to future downstream problems or flooding. 6. The preliminary design submitted with the application shows a 24" pipe connection to the downstream system. Prior to issuance of construction permits, the applicant shall provide additional analysis and verification to confirm that the proposed connection and the downstream 24" system, have enough capacity for the entire basin (future conditions) at build-out. 7. The applicant shall provide an avigation easement to the City of Renton Municipal Airport for noise and flyovers resulting from airport traffic, in a format to be determined by the Development Services Division and the Renton Municipal Airport. EXPIRATION PERIODS: Site Plan Approvals (SA): Two (2) years from the final approval (signature) date. SitePLN_rpt.doc.doc , \ "A)\ "l>\ -\ 'Z\ -, m' -::0' • m II fll. Ii! 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SIIRVBS AND II£R8S 8ASID ON MASTER PlANT SOIEDVl£, SPEa[s AND QUNlTllIES SIIAU BE D£T£RIHD BY VICISCIK ARIlf1l:CT OR lIEn.AIIO 8KilOOIST POST NOH-HAnVE VEG£TA nON RElIOVAL. WIUIII_IlA1M _lilt GENERAl N01I:~ 1. IT ~ PRUruIIlE IlIAT 1lIE II(SIQj (F IlIIS PlANTI«l PlAN SEEI< TO R!PUCA1I: HA1\JIIAl PlANT _lIES .. SPECIES <XlIIPO!ITIO< ANI) ARR_r. ro SPACING ANI) STRAIQIT-ROW PlAN"'G A/I£ NOT 1lE9R£D. l;,t~\w;~~~~AU BE 1<STAU!1) "'Ill .. ~.~ r:, ~c:s si,. W:,":<: (\: ~ E~ 'i~ 6' ~AWE1tR) ANI) 1-12' LOIIG. 4, BAII£ROOT PlANT STOCI< MAY BE USED IIIIEIIE S[ASOHAU Y AVWIU; ANO GENERAUY IIUST BE 1NSTAU!1) DURING TI£ DOfIIIAHT SEASI)< (APPI!OlIIUAIUY _ JIST TIIROUGII FEB 1ST). BAPlROOT PlANT S1OQ( SHAU BE [QUAl TO OR GREATER IlIAH IlIAT or 1lIE SPEClFI£D COHTAIN£R '2£. S. ""'-01 SHAU BE INSTAUlD IROIIIO AU TREES AND SiRJ9S TO AS9S1 PlANT """"VAL. 1lIE 1lUL0i SHAU BE MEDII>I GIIAIl£ WOOD CHPS OR BETTER. AU. 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