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HomeMy WebLinkAboutD_Penny_Loft_Variance_Report_200616DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Penney Loft A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: June 16, 2020 Project File Number: PR19-000206 Project Name: Penney Lofts Sign Variance Land Use File Number: LUA20-000115, V-A Project Manager: Jill Ding, Senior Planner Applicant/Owner/Contact: Dave Smith, Penney Lofts, LLC, PO Box 9606, Seattle, WA 98109 Project Location: 700 S 3rd St, Renton, WA 98057 Project Summary: The applicant is requesting an administrative Variance to the City Center Sign regulations for a projecting sign. The City Center Sign regulations permit a projecting sign (blade sign) with a maximum area of 12 sq. ft. per face or a total cumulative area of 24 sq. ft. The maximum height above grade permitted is 25 feet and the maximum projection over the right-of-way is 4 feet. The proposed sign would have an approximate area of 34 sq. ft. per face and a cumulative area of approximately 68 sq. ft. with a height of 32 feet above grade and would project 4.5 feet over the right-of-way. The project site is located within the CD zone, City Center Sign Regulation overlay and Urban Design District A. Site Area: 0.26 acres DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7 City of Renton Department of Community & Economic Development Penney Lofts Sign Variance Administrative Report & Decision LUA20-000115, V-A Report of June 16, 2020 Page 2 of 6 D_Penney Loft B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Plan Set Exhibit 3: Variance Request Justification Exhibit 4: Transportation Comments Memo, prepared by Brianne Bannwarth, dated June 11, 2020 C. GENERAL INFORMATION: 1. Owner(s) of Record: Dave Smith Penney Lofts, LLC PO Box 9606 Seattle, WA 98109 2. Zoning Classification: Center Downtown (CD) 3. Comprehensive Plan Land Use Designation: Commercial Mixed Use (CMU) 4. Existing Site Use: Proposed site is under construction as a mixed-use development called Penney Lofts. 5. Critical Areas: Wellhead protection area, zone 1 and seismic hazard area. 6. Neighborhood Characteristics: a. North: Commercial development, CD zone b. East: Commercial development, CD zone c. South: Commercial development, CD zone d. West: Piazza Park, CD zone 7. Site Area: 0.26 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation N/A Incorporation 9/6/1901 Penney Lofts LUA19-000109 N/A Enter decion date here E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 4 City-Wide Property Development Standards a. Section 4-4-100: Sign Regulations DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7 City of Renton Department of Community & Economic Development Penney Lofts Sign Variance Administrative Report & Decision LUA20-000115, V-A Report of June 16, 2020 Page 3 of 6 D_Penney Loft 2. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Modifications, Waivers, Alternates 3. Chapter 11 Definitions F. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on May 20, 2020 and determined the application complete on May 21, 2020. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (exhibits 2 and 3). 3. The project site is located 700 S 3rd St, Renton, WA 98057. 4. The proposed site is under construction as a mixed-use development called Penney Lofts which is a remodel of the old J.C. Penny retail store in the historic downtown. 5. Access to the site would be provided via S 3rd St and Burnett Ave S. 6. The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use designation. The project complies with the goals and policies of this Comprehensive Plan land use designation. Compliance Comprehensive Plan Analysis  Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive.  Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. 7. The site is located within the Center Downtown (CD) zoning classification. 8. The site is mapped with seismic hazard area and wellhead protection area, zone 1. 9. The applicant is proposing to begin construction in summer 2020 and end in fall 2020. 10. The following variances to the City Center sign regulations have been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-4-100H.5.d Projecting Sign Regulations Projecting signs are allowed a maximum of 12 square feet per face; the maximum cumulative square footage of all faces of a sign is 24 square feet. The proposed projecting sign would have an area of approximately 34 sq. ft. per face with a total area of approximately 68 sq. ft. Projecting signs shall not be located more than 25 feet above the grade, measured to the top of the sign or sign structure, whichever is higher. The proposed sign would have a maximum height of 32 feet above grade. DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7 City of Renton Department of Community & Economic Development Penney Lofts Sign Variance Administrative Report & Decision LUA20-000115, V-A Report of June 16, 2020 Page 4 of 6 D_Penney Loft A projecting sign may extend over the public right-of-way by no more than 4 feet from the wall it is mounted on. The proposed sign would extend approximately 4.5 feet over the public right-of-way. 11. No public or agency comments were received during the 14-day public comment period. 12. Representatives from various city departments have reviewed the application materials to identify and address issues raised by 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 this report. 13. Variance Analysis: The City Center Sign regulations permit a projecting sign (blade sign) with a maximum area of 12 sq. ft. per face or a total cumulative area of 24 sq. ft. The maximum height above grade permitted is 25 feet and the maximum projection over the right-of-way is 4 feet. The proposed sign would have an approximate area of 34 sq. ft. per face and a cumulative area of approximately 68 sq. ft. with a height of 32 feet above grade and would project 4.5 feet over the right-of-way. The proposal is compliant with the following variance criteria, pursuant to RMC 4-9-250.B.5. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis  a. That the applicant suffers practical difficulties and unnecessary 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. Staff Comment: Previously a projecting sign was located on the project site at the same location as the proposed sign. The applicant is proposing to reestablish a projecting sign that would be smaller in area and lower in height than the previously existing sign (see outline of historic projecting sign on the submitted plan set, Exhibit 2). In addition, the proposed projecting sign is sized so that it would be proportionate to the scale of the existing building facades upon which it would be located. A smaller sign in compliance with the sign regulations would be out of place as it would be disproportionately small. The applicants goal is to install a sign that is consistent with the historic character of the this old J.C. Penny store front by preventing a similar style blade sign that was historically located on the building but yet keeping the sign size smaller to bring it close to conformance with existing sign code. Due to the special circumstances that would apply to the historic character of the site, there would be no other practical way to install a sign that meets the historic nature of the building and comes close to compliance with the code.  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. Staff Comment: The proposed sign would not be materially detrimental to the public welfare or injurious to other properties in the vicinity. It is anticipated that the proposed Penney Lofts development, including the proposed projecting sign would provide a positive contribution to downtown Renton and would be in keeping with the historic character of the old J.C. Penny’s retail store front sign. DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7 City of Renton Department of Community & Economic Development Penney Lofts Sign Variance Administrative Report & Decision LUA20-000115, V-A Report of June 16, 2020 Page 5 of 6 D_Penney Loft  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. Staff Comment: The proposal does not constitute a grant of special privilege as the proposed sign would replace a much larger previously existing sign located at the same location with a nod to the historical character of the building.  d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The proposed variance is the minimum necessary to reestablish a projecting sign on the project site that would be proportionate to the scale of the building façade. G. CONCLUSIONS: 1. The subject site is located in the Commercial & Mixed Use (CMU) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 6. 2. The requested variance meets the four (4) criteria to be considered in making a decision on a variance request as specified in RMC 4-9-250.B.5. The analysis of the proposal according to variance criteria is found in the body of the Staff Report, see FOF 13. H. DECISION: The Penney Lofts Sign Variance, File No. LUA20-000115, V-A, as depicted in Exhibit 2, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, Planning Director Date TRANSMITTED on June 16, 2020 to the Owner/Applicant/Contact: Owner/Applicant/Contact: Dave Smith Penney Lofts, LLC PO Box 9606 Seattle, WA 98109 TRANSMITTED on June 16, 2020 to the Parties of Record: Monica Brethauer mmbrethauer@gmail.com TRANSMITTED on June 16, 2020 to the following: Chip Vincent, CED Administrator Cliff Long, Interim CED Administrator Brianne Bannwarth, Development Engineering Manager DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7 6/16/2020 | 1:55 PM PDT City of Renton Department of Community & Economic Development Penney Lofts Sign Variance Administrative Report & Decision LUA20-000115, V-A Report of June 16, 2020 Page 6 of 6 D_Penney Loft Amanda Askren, Property Services Vanessa Dolbee, Current Planning Manager Anjela Barton, Fire Marshal I. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 30, 2020. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 8AE3CAC6-6A21-41B1-B398-BC55D7831BF7