HomeMy WebLinkAboutHD_HEX_Site Plan and CU -- RSD Elementary No. 161
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: RSD Elementary No. 16
Site Plan and Conditional Use
LUA21-000167, CUP-H, SA-H, MOD
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FINDINGS OF FACT, CONCLUSIONS OF
LAW AND FINAL DECISION
Summary
The Applicant has applied for site plan, conditional use permit and modification approval to construct
a 77,000 square foot elementary school at 1058 Chelan Avenue NE. The applications are approved
subject to conditions.
Testimony
Alex Morganroth, City of Renton Senior Planner, summarized the proposal.
Laura Brent, Brent Planning Solutions, LLC, spoke on behalf of the Applicant. She noted that the
Applicant had engaged in public outreach prior to the hearing.
Matt Feldmeyer, RSD Executive Director of Capital Planning and Construction, noted that the nearest
school other than Hazen is Honeydew Elementary located to the southwest about ¾ mile. He confirmed
that the traffic demand management plan required of the project will include event planning
communications. He also identified that the Hazen High School lot can be used for event overflow
parking but that the proposed 82 parking spots should be sufficient for after school events.
Randal Chun, neighbor, inquired about speed control on Duvall Avenue. He identified that there’s a
lot of speeding on Duvall with kids racing cars. He felt that Duvall Avenue needs dips and speed
bumps to control speeding to avoid hazards to the school children. Mr. Chun also noted that Duvall
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Avenue had a litter problem. Brianne Bannwarth, Development Engineering Manager, noted that the
City is working on speed mitigation measures for Duvall Avenue, which will include a landscaped
medium. Todd McBryan, the Applicant’s traffic consultant, noted that a new school zone will be placed
along the project site on Duvall Avenue. He also identified that crossing guards would be placed at the
project site when children are walking to and from school and that a traffic signal will be installed at
10th and Duvall as well. Mr. Morganroth noted that one cause of the litter problem was the vacant lots
comprising the school site, prompting people to throw their garbage into the lots as they travel down
Duvall. In closing, Ms. Brent identified that school districts work at being good neighbors and would
address garbage if that was a continuing problem.
Exhibits
The August 3, 2021 Staff Report Exhibits 1-39 identified at Section B of the staff report were admitted
into the record during the hearing. In addition, the following exhibits were admitted during the hearing.
Exhibit 30 Google Earth
Exhibit 31 City of Renton COR Maps
Exhibit 32 City of Renton Power Point
Findings of Fact
Procedural:
1. Applicant. The Applicant is Renton School District No. 403.
2. Hearing. The Examiner held a virtual hearing on the subject application on August 3, 2021 at
11:00 am via a Zoom hearing hosted by the Renton City Clerk’s Office, Zoom Meeting ID No. 854
6631 7755.
Substantive:
3. Project Description. The Applicant has applied for site plan, conditional use permit and
modification approval to construct a 77,000 square foot elementary school at 1058 Chelan Avenue
NE. The project site includes 11 parcels approximately 11.08 acres in size with street frontage along
both Chelan Ave NE and Duvall Ave NE. In addition to the 77,000 square foot elementary school
building, there would be an outdoor classroom area, multipurpose playfield, hard/soft play areas, and
a covered play area. A surface lot would provide parking for 82 vehicles and a school bus load/unload
area would provide capacity for eight full size busses and two special education buses. Passenger
vehicle access to the subject property is proposed at the south end of the site with one full access
driveway along the Duvall Ave NE frontage and one exit only access on Chelan Ave NE. School bus
access would be provided via two driveways along Duvall Ave NE. The Applicant would construct
street frontage improvements along both the Duvall Ave NE and Chelan Ave NE frontages. The
Applicant has requested two code modifications with the application related to onsite parking and
street frontage improvements. Studies submitted with the application include critical areas report,
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drainage report, geotechnical report, arborist report, and traffic impact analysis.
The proposed modifications are to street and parking standards. For both, the Applicant is requesting
modifications to exceed maximum standards. For the street standards, the Applicant is requesting a
modification to street frontage standards between the proposed on-site bus lane exit and the southeast
property corner along Duvall Street to add a nine (9’) foot wide queuing lane, which will also include
a dedicated bicycle lane within. For the parking standards, City parking standards allow for a
maximum of 60 regular parking spaces and 10 bus spaces. The Applicant is proposing a total of 82
regular spaces, 8 full-sized and two small school bus spaces.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. The proposal will be served by adequate water and sewer. Water
and sewer service will be provided by the City of Renton. There is an existing 16-inch
water main in Duvall Ave NE and an 8-inch sewer main in Chelan Ave NE.
B. Fire and Police. The proposal will be served by adequate police and fire service. Police and
Fire Prevention staff indicated that sufficient resources exist to furnish services to the
proposed development if the Applicant provides Code required improvements and fees.
To provide for adequate fire flow, the proposal is required to install a 10-inch looped water
main around the new school building and traversing the project site. In addition, the
installation of three (3) new fire hydrants on site is required including one within 150 feet
of the building and two within 300 feet of the building. The installation of signs indicating
“Fire Lane ONLY” are required to be installed at both ends of the fire land transitions to
the grass paving areas (Exhibit 27).
C. Drainage. Adequate drainage facilities are proposed. The Applicant submitted a
Preliminary Drainage Plan and Technical Information Report (TIR), dated January 8, 2021
(Exhibit 16). The development is subject to Full Drainage Review in accordance with the
2017 Renton Surface Water Design Manual (RSWDM). All nine core requirements and
the six special requirements have been discussed in the Technical Information Report. The
project is split into 3 distinct drainage basins (North, South and Wetland) and will provide
flow control and water quality for each drainage basin in accordance to the 2017 RSWDM.
There is a 12-inch stormwater main in Chelan Ave NE southwest of the subject property
frontage located along the west side of the existing roadway. The stormwater main drains
to a private water quality facility located on two adjacent parcels. The Applicant will be
required to ensure that the stormwater pond and associated appurtenances and property are
protected in the final storm drainage design. In addition, there is another 12-inch
stormwater main (R-3386) in Chelan Pl NE south of the subject property located along the
west side of the existing roadway. The stormwater main drains to a private water quality
facility located on the 102305-9485 and 9486 parcels. The Applicant will be required to
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ensure that the stormwater pond and associated appurtenances and property are protected
in the final storm drainage design.
D. Parks/Open Space. As conditioned, the proposal provides for adequate and appropriate
parks and open space.
Open space is provided on the site via multiple elements including the multi-use playfield,
the interior courtyard between the two classroom wings, and the outdoor classroom area.
Most open space is programmed for passive recreation to provide a qui et learning
environment for students, with the exception of the multi-use playfield. The area adjacent
to the wetlands buffer at the rear of the site behind the school building provides a quiet focal
point for students to use for reading, studying, or meditating and is a central feature of the
site.
City regulations do not require any park land dedication or park impact fees for the project.
E. Transportation. The proposal provides for adequate and appropriate transportation facilities.
Passenger vehicle access to the site is proposed via two access points including a driveway
along the Duvall Ave NE frontage allowing full access and one exit-only access on Chelan
Ave NE. School bus access would be provided via two driveways along Duvall Ave NE
connected to an associated bus lane used for pick up and drop off of students. The Applicant
would construct the required street frontage improvements along both the Duvall Ave NE
and Chelan Ave NE frontages.
The proposal provides a safe and efficient circulation pattern for both vehicles and
pedestrians within the site. The parking lot is located on the south side of the site with a
single access point off of Duvall Ave NE. Locating the parking area on one end of the
property helps to preserve the majority of the site for pedestrian oriented activities and
decreases the potential for pedestrian and vehicular conflicts. The surface parking areas
provide clear pedestrian pathways close to building entries and minimize pedestrian
crossing drive aisles. In addition, the design of the parking lot allow for the queuing of
parents in vehicles when dropping off or pick up students. After entering the off of Duvall
Ave NE, vehicles will wind through the aisles in the lot waiting their turn to access one of
the seventeen (17) marked drop off stalls adjacent to the plaza and front door. After
dropping their student off, parents can choose to exit via the Duvall Ave NE access point,
or the exit only access point onto Chelan Ave NE.
The proposal locates bus load/unload along Duvall Ave NE in a dedicated on-site bus lane
with pedestrian off-load that reduces the potential pedestrian conflicts. Buses will enter the
bus lane via a right-in only entrance on the north side of the site, drop off or pick up students
in one of the ten (10) bus stalls, and exit the site onto Duvall Ave NE via an right turn-only
egress point. As currently designed, pedestrians would cross the two bus lane driveways via
painted cross walks. In order to better delineate the pedestrian crossings and provide a
clearer visual cue for bus drivers entering and exiting the site, and be consistent with
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driveway standards, staff recommends as a condition of approval the Applicant submit a
revised utility plan with the civil construction permit application that extends the Duvall
Ave NE sidewalk across both bus lane driveways removing the painted crosswalks. The
revised plan shall be reviewed and approved by the Current Planning Project Manager prior
to permit issuance.
Once on the interior portion of the site, regardless of entry point, a series of concrete
pedestrian pathways weaves through the programmed exterior spaces and allows teachers
and students to safely navigate the site via walking or biking without the potential for a
vehicular conflict.
The proposal also provides for desirable transitions and linkages between uses, streets,
walkways and adjacent properties. A variety of vehicular and pedestrian linkages are
proposed to ensure the site is connected to the surrounding area and is accessible to all users
regardless of travel method. The Applicant has proposed an internal pedestrian pathway
system that once completed, will provide connections between the parking lot, main school
building, outdoor classroom area, and hard surface play area. The internal pathways,
ranging in width between five (5’) and ten (10’) feet continue to the north, south, and eastern
peripheries of the property where they connect with public sidewalks in the Duvall Ave NE
and Chelan Ave NE right-of-way. An additional pathway incorporated into the surface
parking lot connects to Chelan Pl NE, a public street to the south of the site with no
sidewalks. The surface parking lot with 82 vehicle stalls and associated student drop-off
area can be accessed via a driveway off of Duvall Ave NE near the southeast corner of the
property. An exit-only access point is proposed on the north side of the property via Chelan
Ave NE which will provide a secondary egress option for parents leaving the student drop-
off zone and will help relieve congestion at the primary access point off of Duvall Ave NE.
Overall, pedestrian and vehicular connections between the site and surrounding area are
efficient while remaining respectful of the potential impacts to neighboring uses through
the use of controlled access points (i.e. exit-only driveway).
Loading and delivery areas are concentrated on the eastern end of the building along the
bus drop-off and pick-up lane. Except for the beginning and end of the day when students
are walking to and from the front doors to the bus loading area, pedestrian traffic is expected
to be limited. As long as deliveries are scheduled outside of the two times of day where
buses utilize the lane, the potential for conflicts is anticipated to be minimal.
Congestion and other transportation impacts were assessed in the Applicant’s
Transportation Technical Report prepared by Heffron Transportation, dated January 14,
2021. The report found that the proposal would not generate traffic that exceeded the City’s
level of service standards except for traffic generated at the intersection of NE 10 th and
Duvall Ave NE. Duvall Ave NE is classified as a principal arterial. According to the traffic
report the level of service standard for arterial intersections is C. The morning traffic
generated by the elementary school would lower level of service for the NE 10th/Duvall
intersection from LOS A to LOS E. To mitigate against this impact the SEPA mitigation
measures require that the intersection to be signalized. The traffic report concludes that
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signalization will reduce the drop in LOS from E to C, which is compliant with the City’s
LOS C standard for that intersection. The traffic report recommends several other
mitigation measures designed to mitigate all other potential traffic impacts, including
construction traffic impacts and impacts caused by large school events. Most of those
recommendations have been adopted as SEPA mitigation measures.
Impacts to system wide transportation network will be mitigated via imposition of traffic
impact fees pursuant to the terms of the City’s transportation impact fee ordinance. The
proposal has also passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
23), which is another congestion standard adopted by the City. The City’s concurrency
standard is based upon a test of the citywide Transportation Plan, consideration of growth
levels included in the LOS-tested Transportation Plan, and future payment of appropriate
Transportation Impact Fees.
F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and
bicycle facilities. Per RMC 4-4-080F.11 the number of bicycle parking spaces shall be at
least equal to 10 percent of the number of required off-street vehicle parking spaces. The
Applicant is proposing 12 uncovered bicycle parking spaces, exceeding the minimum
requirement, and proposes to locate the parking near the building’s main entry in the public
plaza.
King County Metro Transit (Metro) provides bus service in the vicinity of the project site
with the closest stops, served by Route 240, located about 0.3-mile north of the site at the
NE Sunset Boulevard / Duvall Avenue NE intersection. There are also stops, served by
Route 105, located about 0.4-mile to the west of the site at the NE 10th Street / Union
Avenue NE intersection.
G. Parking. The proposal provides for adequate and appropriate parking.
As noted in Finding of Fact No. 3, the Applicant is asking for a parking modification to
exceed the City’s maximum of parking permitted by the RMC. The Applicant’s
transportation report identifies a peak demand of 74 parking spaces. The proposal will
provide 82 parking spaces onsite and new on-street parking along N. 3rd Street. Bus loading
and unloading is proposed along within the bus lane accessible via an entrance and exist off
of Duvall Ave NE. Additionally, for special events, more parking capacity is available within
the drop-off/pick-up queue, bus lane area, and offsite parking can be provided at Hazen
Highschool across the road if required.
In addition to the proposed stormwater facilities, impacts resulting from parking impervious
surfaces are minimized by breaking up the surface with a series of landscape islands that
allow for infiltration during rain events. Approximately nineteen (19) trees are also to be
located within the interior or perimeter of the parking and will help provide storm water
uptake.
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5. Adverse Impacts. There are no significant adverse impacts associated with the project.
Adequate infrastructure serves the site as determined in Finding of Fact No. 4. A State Environmental
Policy Act Mitigated Determination of Non-significance was issued for the project on June 21, 2021
with several mitigation measures designed to eliminate significant adverse impacts. See Ex. 11.
Impacts are more specifically addressed as follows:
A. Structure Placement and Scale. As conditioned, the structure placement and scale are not
expected to create undue adverse impact on the adjacent residences and is designed to
protect privacy and reduce noise for on- and off-site occupants and to maintain
compatibility with existing development and surrounding uses.
The design and positioning of the two-story building on the site is respectful of the
neighboring residential-scaled properties through the use of step-down roof forms and open
spaces/landscaping between the building and the adjacent residential areas. The building
would be sited near the center of the site’s north/south axis and would be located over 300
feet away from the nearest residential structure. The protected wetlands and associated
buffer to the north of the building create a heavily vegetated buffer area that provides a
significant level of visual screening between the proposed building and the existing single-
family neighborhood west of the site.
In addition to the purposeful siting of the building near the center of the site, the structure
itself uses a variety of articulating and modulating effects on the various facades in order
break up the perceived scale of a single, large building on the site. High quality materials,
large areas of glazing, and overhangs/canopies all contribute to the goal of ensuring the
school building integrates into the surrounding residential neighborhood and does not result
in an overscale structure or overconcentration of development on any portion of the site.
B. Views. No obstruction of existing views of natural features are anticipated, including view
corridors to shorelines or Mt. Rainier. The vacant property currently has limited views of
natural features due to the presence of unmaintained vegetation. The most two most
prominent natural features on the site, a stand of significant and landmark trees near the
proposed outdoor classroom area and the Category III wetlands on the west side of the site,
will have more visibility after project completion due to the removal of invasive vegetation
and creation passive recreation areas on the site. No other views would be impacted as a
result of the project.
C. Noise, light and glare. The proposal will not create any significant noise, light or glare
impacts.
The Applicant prepared a noise study to assess compliance with noise standards. The study
showed that the proposal will comply with the City’s maximum allowed noise levels. The
greatest regular source of significant noise will be a “chiller” that apparently provides air
conditioning. At the closest residence, the chiller will produce a maximum noise level of 44
dBA. Adopted noise level limits at this location are 57 dBA daytime and 47 nighttime levels.
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The study also assessed the impacts of other noise sources, including bus traffic and an
emergency generator. All noise levels were found to be within adopted City standards. The
emergency generator is exempt from maximum noise levels, but would only be used in times
of emergency or for maintenance.
The school building, parking lot, and grounds will be lit after dusk each evening for safety
purposes. RMC 4-4-075 provides standards that limit light trespass such as parking lot pole
height limitations of 25-feet with cut-off type luminaire and building lights directed onto
itself or the ground immediately abutting it. A condition of approval requires that a lighting
and photometric plan be submitted for review with the building permit application.
Standards for design review and compliance with exterior lighting standards will be
reviewed with the building permit submittal.
D. Screening. Unattractive site features will be adequately screened from view.
The service yard area with generator and chiller is attached to the building and are integrated
into the design of the building through use of similar façade and roof materials (Exhibit 6).
The enclosure utilizes a light blend brick veneer with regular metal gate that is not visible
from the public ROW and is approximately 8 feet tall.
The Applicant did not provide details of roof or surface mounted equipment and/or screening
identified for such equipment with the land use application. Therefore, a condition of
approval requires that the Applicant be required submit a surface mounted utility plan that
includes cross-section details with the civil construction permit application. The Applicant
shall work with franchise utilities to ensure, as practical, utility boxes are located out of
public ROW view, active common open spaces, and they shall not displace required
landscaping areas. The plan shall provide and identify screening measures consistent with
the overall design of the development. In addition, a condition of approval requires that the
Applicant be required to submit a rooftop equipment exhibit with the elevation plans
associated with the building permit application.
E. Fencing and Retaining Walls. Proposed fencing will not create any significant impacts. As
conditioned, all proposed fencing is lower than eight feet and does not block landscaping
or serve as a traffic hazard.
The Applicant has proposed black, coated vinyl chain-link fencing varying in height
between four (4’) feet and six (6’) feet around the perimeter of the site. The Applicant has
also proposed a small section of six (6’) foot tall cedar fencing on the south side of the site
to partially close off the Chelan Pl NE ROW from the property. The cedar fencing matches
the existing fencing on the residential properties along Chelan PL NE. Cedar split rail
fencing is also proposed along the perimeter of the Wetland C buffer on the west side of the
site as required by RMC 4-3-050. While all fencing appears to comply with the maximum
fence height requirements for nonresidential uses, some fencing appears to stand in front of
required landscaping, specifically the sight-obscuring landscaping around the southern
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portion of the site between the parking lot and Duvall Ave NE and Chelan Ave NE. Per
RMC 4-4-040.E.1, fencing shall not be located within or in front of any required
landscaping. Therefore, a condition of approval that the Applicant revise the fence location
and place the fence behind the required landscaping along all property lines on the detailed
landscaping plan to be submitted with the civil construction permit application.
F. Natural Features. The proposal will not adversely affect any natural features.
The area of the site where the school and associated improvements would be constructed is
predominantly flat and therefore grading is expected to be average for a development of this
size. The exception to this is the removal of approximately 6 to 8 inches of organic material
on some portions of the site where moisture content is too high to support new buildings
and therefore would be replaced by structural fill. The wetlands area on the west side of the
site would be protected in perpetuity and would not be permanently impacted by
construction. To site the structure in manner that would protect the higher-quality wetlands
(Wetland C), the Applicant has proposed filling the lower-quality wetlands on the east side
of the site, to be mitigated for by purchasing credits from the Springbrook Creek Wetlands
Mitigation Bank.
G. Landscaping. Aesthetic, noise, light and privacy impacts will be minimized by existing and
proposed landscaping.
The Applicant has submitted a conceptual landscape plan, admitted as Exhibit 3.
Landscaping is primarily concentrated around the proposed building, parking lot, and two
street frontages. Perimeter landscaping is also proposed and required within the parking
areas. Due to the proposal of a non-residential use within a residential zoning district, a
partial or fully sight-obscuring landscape strip of 10-feet or 15-feet, respectively, is required
along all shared property lines. Staff have evaluated the proposed landscaping and found
that, with recommended conditions, the proposed landscaping will meet the City’s
landscaping standards. Those standards are adopted by this decision. Significantly, staff
has determined that providing an effective screen within the landscape buffer to the south
of the parking will help limit the noise and visual impacts of the parking lot on the adjacent
residences and is therefore very important. To ensure compliance with code, one of the
staff recommended conditions adopted by this decision requires the Applicant to increase
the number and mature species size of trees within the buffer through the utilization of larger
species like standard Western red cedar and Douglas firs.
The greatest sources of noise and activity for the project site will likely be the parking lot
on the south end and the play area on the east side of the project area. The extensive amount
of landscaping proposed for the south of the parking lot coupled with the wetland protection
area to the north, as well as the extensive perimeter landscaping will serve to minimize
aesthetic, noise, light and privacy impacts to surrounding residences.
H. Critical Areas. The proposal will not create significant adverse impacts to critical areas.
Wetlands and steep slopes are located on the property. Staff have determined that the
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proposal adequately protects critical areas as required by the City’s critical area regulations
with staff recommended conditions of approval, all of which are adopted by this Decision.
Impacts and mitigation are more specifically detailed as follows:
1. Steep Slopes. The City’s COR mapping database identifies the property to contain
Sensitive Slopes (15-40%), which are primarily concentrated on the western portion of
the site near the wetlands area. The Applicant submitted an Updated Subsurface
Exploration and Geotechnical Engineering Report (Exhibit 17), prepared by Associated
Earth Sciences, Inc, dated December 22, 2020 with the project application. In the report,
the consultant acknowledges the presence of sensitive slopes on the site. The exploration
utilized data from 20 borings completed by advancing hollow-stem auger tools with a
track-mounted drill rig. Samples were obtained at 2.5 to 5-foot depth intervals.
Subsurface conditions were found to encounter native materials consisting of medium
dense grading to very dense lodgment till sediments, and ten (10) of the borings found
surficial fill to depths of up to 7 feet below the existing ground surface. Results varied at
the other boring locations and included the discovery of Vashon recessional outwash,
stratified sediments, and organic topsoil at shallow depths. The findings of the
exploration were identified to be consistent with the Geologic Map of the Renton
Quadrangle which indicates the site is underlain at shallow depths by Vashon lodgment
till. Groundwater was not encountered during exploration activities, but is expected to
be present during the winter rainy season as it becomes trapped or ‘perched’ on top of
the Vashon lodgment till.
The potential for liquefaction was analyzed and was determined to be unlikely. The
report provides standard recommendations for erosion control, but due to the lack of
identified hazard, does not make specific recommendations for earth preparation outside
of the standard control measures. The report also provides specific recommendations
related to site preparation, building foundations, stormwater infrastructure design, and
pavement design. Specifically, the report concludes that grading completed in a manner
consistent with the recommendations in the report would not result in increased risk of
slope instability on or offsite. A condition of approval requires that construction comply
with the recommendations found in the submitted Updated Subsurface Exploration and
Geotechnical Engineering Report (Exhibit 17), prepared by Associated Earth Sciences,
Inc, dated December 22, 2020, and future addenda.
2. Wetlands. A Critical Area Report prepared by The Watershed Company, dated March
31, 2021 (Exhibit 20) was submitted with the application and identified the presence of
two wetlands on the site, identified as Wetlands B and Wetlands C in the report. The
Watershed report concludes that as mitigated, the proposal will not create any net loss of
wetland function.
Wetland B, located near the front (east) of the site along Duvall Ave NE, was classified
as a Category IV depressional wetlands and a total on-site area of approximately 0.28
acres. According to the consultant, direct impacts to Wetland B cannot be mitigated on-
site due to a lack of suitable areas on-site that would still allow for the building size and
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amenities required for an elementary school. The Applicant proposed removal of the
wetland. In conjunction with the purchase of credits from a City wetland mitigation
bank, the Applicant has proposed enhancing portions of the Wetland C buffer that have
experienced degradation and lack native tree and shrub cover. The Applicant proposes
wetland replacement in the mitigation bank at a ratio of 0.70:1 as required for Category
IV wetlands.
Wetland C, located near the back (west) of the site, was classified as a Category III
depressional wetlands with a total on-site area of approximately 0.48 acre. According to
the consultant, the proposed site improvements were designed in a manner to avoid any
permanent impacts to Wetland C and the required buffer. This was accomplished in part
by focusing wetland impacts to the lower classified Wetland B. The Applicant has
proposed implementing the full 100-foot buffer feet around Wetland C for a total buffer
size of approximately 102,040 sq. ft. According to the consultant, a key goal of the
mitigation plan is to meet or exceed the functions of the existing impacted critical areas.
The report states that the existing buffer functions in the area of temporary construction
impacts are degraded due to the presence of invasive and non-native vegetation, which
has been maintained through mowing. The temporary impacts will be restored at a ratio
of 1:1 for a total of 3,344 sq ft of restored buffer.
I. Compatibility/Overconcentration. The proposal is compatible with surrounding uses and
does not represent an overconcentration of use.
The proposed elementary school is compatible with the scale and character of the
neighborhood. The building is oriented towards Duvall Ave, a principal arterial, and is
directly across from the Hazen High School sports fields. The building design incorporates
a significant amount of façade modulation and varying roof pitches and planes, which help
reduce the overall scale of the structure as it transitions east and south toward the residential
areas. The wetlands area (Wetland C) on the west side of the property provides a large,
vegetated buffer that will serve as a visual screen for the single-family residences to the west.
The construction of a two-story building results in a smaller building footprint than a
building with a single story which allows for additional opportunities for both active and
passive recreational programming including an interior plaza, an outdoor classroom, and a
large outdoor play area. A buffer area on the south side of heavily landscaped parking lot
provides additional transition to the residential area and reduces the visual and noise impacts
created by activities at the school.
The proposal does not serve to overconcentrate school facility development or use in the
surrounding neighborhood. The proposal is adjacent to Hazen High School but otherwise is
not near any other school facilities in the surrounding neighborhood.
Conclusions of Law
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1. Authority. RMC 4-9-200(B)(2)(a)(i) requires site plan review for K-12 facilities. RMC 4-2-
060E requires a hearing examiner conditional use permit in the R8 and R10 zones for K-12 educational
facilities. Conditional use permits are classified as a Type III permits by RMC 4-8-080(G). In the
absence of the conditional use permit, no Hearing Examiner review would be required for the site plan
and it would be classified as a Type II permit by RMC 4-8-080(G). The two modification requests are
classified by RMC 4-8-080(G) as a Type I review. RMC 4-8-080(C)(2) requires consolidated permits
to each be processed under “the highest-number procedure,” which is the Type III review for the
conditional use permit. As Type III applications, RMC 4-8-080(G) grants the Examiner with the
authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the
City Council.
2. Zoning/Comprehensive Plan Designations. The site is zoned R-8 and R-10. The
Comprehensive Plan Land Use Designation is Residential Medium Density (MD).
3. Review Criteria/Approval of Modifications. Site plan review standards are governed by RMC
4-9-200(E)(3). Conditional use permit standards are governed by RMC 4-9-030C. All applicable site
plan and conditional use criteria are quoted below in italics and applied through corresponding
conclusions of law.
The street and parking modifications are governed by RMC 4-9-250D. Those modifications are
approved and found to meet the street modification criteria for the reasons identified in Finding No. 24
and 25 of the staff report. The findings of fact and conclusions of law of Findings 24 and 25 are adopted
by this reference.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies,
especially those of the applicable land use designation; the Community Design Element; and
any applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-
100.
4. The criterion is met. The proposal is consistent with the Comprehensive Plan for the reasons
stated in Finding 20 of the staff report. The proposal does not qualify as a Planned Action Ordinance.
The proposal is consistent with applicable land use regulations for the reasons identified in Finding 21
of the staff report. The RMC 4-3-100 design regulations do not apply to the project.
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RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a
particular portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
and adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
5. The criterion is met. As described in FOF No. 5A and 5I, the existing building is of appropriate
scale and its proposed use will not create an overconcentration of use. Desirable transitions and
linkages for vehicular and pedestrian circulation are provided as determined in FOF No. 4E. Loading
areas and equipment and refuse/recycling areas will be screened from view as determined in FOF No.
5D. No views will be obstructed by the development as determined in FOF No. 5B. The proposed
landscaping will reduce noise and glare, maintain privacy and enhance the appearance of the project as
determined in FOF 5G. No lighting plan was provided. As noted in FOF No. 5C, a condition of
approval will require the Applicant to submit a lighting plan, which will staff will ensure complies with
the criterion quoted above.
RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including:
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
spacing and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian
and vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces;
iv. Reducing Parking Impervious Areas: Design parking areas to minimize impervious
surfaces, including but not limited to: (1) breaking up parking areas and directing stormwater
flows to multiple low impact development features such as bioretention areas; (2) locating
parking near trees to provide storm water uptake; (3) retaining or adding vegetation to parking
areas; (4) placing existing parking that exceeds maximum parking ratios in permeable
pavement designed consistent with the Surface Water Design Manual in RMC 4-6-030; and (5)
using other low impact development techniques consistent with RMC 4-6-030; and
v. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
shade and privacy where needed, to define and enhance open spaces, and generally to enhance
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the appearance of the project. Landscaping also includes the design and protection of planting
areas so that they are less susceptible to damage from vehicles or pedestrian movements.
6. The criterion is met. Structure placement appropriately protects for privacy and noise reduction
as determined in FOF 5A. Structural scale is appropriate as determined in FOF 5A. Natural landscape
will be adequately protected as determined in FOF 5F. The proposed landscaping will maintain privacy
and enhance the appearance of the project as determined in FOF 5G. As outlined in FOF 4G, parking
impervious surfaces are minimized by the installation of landscape islands and trees.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets
rather than directly onto arterial streets and consolidation of ingress and egress points on the
site and, when feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
including the location, design and dimensions of vehicular and pedestrian access points,
drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings, public sidewalks and adjacent properties.
7. The criterion is met. The proposal provides for adequate access and circulation as required by
the criterion above for the reasons identified in Finding of Fact No. 4E and 4F.
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal
points and to provide adequate areas for passive and active recreation by the occupants/users of the
site.
8. The criterion is met for the reasons identified in FOF 4D.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
9. The criterion is met. There are no view corridors to shorelines or Mt. Rainier affected by the
proposal. As noted in FOF No. 5B, no views are affected. There are no shorelines in proximity to the
project for which access could be required.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
10. The criterion is met. No natural systems or critical areas would be adversely affected for the
reasons identified in FOF No. 5F and H.
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RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities
to accommodate the proposed use.
11. The criterion is met. The project is served by adequate services and facilities as determined in
Finding of Fact No. 4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and
estimated time frames, for phased projects.
12. No phasing is proposed.
CONDITIONAL USE
The Administrator or designee or the Hearing Examiner shall consider, as applicable, the
following factors for all applications:
RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the Comprehensive Plan,
the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
13. The criterion is met. As conditioned, the proposal is consistent with all applicable
comprehensive plan policies, development standards and the design district requirements as
determined in COL No. 4.
RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the immediate area of
the proposed use. The proposed location shall be suited for the proposed use.
14. The criterion is met for the reasons identified in FOF 5I.
RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
15. As determined in Finding of Fact No. 5, as conditioned, there are no significant adverse
impacts associated with the proposal, so it will not result in substantial or undue adverse effects on
adjacent property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
16. As determined in Finding of Fact No. 5A and I, the proposed use is compatible with the scale
and character of the neighborhood.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
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17. As determined in Finding of Fact No. 4G, the site is served by adequate parking.
RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians
and shall mitigate potential effects on the surrounding area.
18. As outlined in Finding of Fact No. 4E, the proposal provides for safe circulation and adequate
traffic mitigation and facilities.
RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
19. As determined in Finding of Fact No. 5C, the proposal will not result in any adverse light,
noise or glare impacts.
RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
20. As shown in the site plans for the proposal, all undeveloped portions of the site are landscaped
or within critical areas.
Decision
As conditioned below, the site plan, conditional use and modifications as described in FOF 3 are
approved, subject to the following conditions:
1. The Applicant shall comply with the mitigation measures required as part of the Mitigated
Determination of Non-Significance issued by the Renton School District on June 21, 2021
(Exhibit 5):
a) There are two existing wetlands on-site. The project avoids impacts to the higher-
functioning, Category III, Wetland C, and limits permanent impacts to the lower-
functioning, Category IV, Wetland B. The buffer area temporarily impacted by clearing and
grading associated with the installation of the multi-use playfield is vegetated with invasive
or non-native vegetation. Mitigation and restoration of Wetland C will be provided
consistent with City standards. The proposed filling of Wetland B will be mitigated through
the use of a wetland bank, as approved by the City. A comprehensive five-year maintenance
and monitoring plan is included in the mitigation plan. This plan will ensure that proposed
enhancement plantings will be maintained, monitored, and successfully established within
the first five years following implementation.
b) For security reasons, black vinyl-coated, four- or six-foot-tall chain link fencing is
proposed to be installed along the property boundaries (a six-foot-tall cedar fence will be
installed along a portion of the southern boundary). To minimize impacts to Wetland C and
its buffer, the fabric will be raised 12 inches off the ground to allow the passage of small
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animals. Concrete footings will not be utilized to secure fence posts in wetland areas. The
fencing will be reviewed and approved by the City.
c) The District will require the selected contractor to develop a construction management
plan (CMP) that addresses traffic and pedestrian control during school construction.
d) The City collects transportation impact fees and has outlined fee rates for a variety of
uses. The transportation impact fee for the elementary school project is calculated to be
$356,377. This relates to a fee rate of about $4.63 per square foot (SF) based on the proposed
school size of 77,000 SF. The impact fee will be paid, with the final fee established by the
City.
e) In order to comply with street frontage improvement requirements outlined by the
City, the project will dedicate right-of-way along the street frontages of Duvall Ave NE and
Chelan Ave NE.
f) Frontage improvements will be made along Duvall Ave NE and Chelan Ave NE. The
District will coordinate with the City to integrate the dedication areas and frontage
improvements with the City’s planned roadway improvement in that segment.
g) To mitigate school-related traffic impacts, the project will install a traffic signal
(replacing the existing HAWK beacon signal) at the NE 10th Street / Duvall Ave NE
intersection. Installation of the new traffic signal will include pedestrian actuated signals
and crosswalks on all four legs and final design will be approved by the City.
h) To ensure safe routes to school access, the District will construct a sidewalk along the
1155 Duvall Ave NE frontage with ramp at NE 12th St. Design and construction of the
sidewalk improvements is being discussed with the City, with the final design to be reviewed
and approved by the City.
i) To discourage pick-up and drop-off on Chelan Ave NE, the District will install City
approved signage at the intersection of NE 10th St and Chelan Ave NE that identifies the
street as a no vehicle pick-up or drop-off area. The District will develop a Transportation
Management Plan (TMP) to educate families about the access load/unload procedures for
the site’s layout. The plan will define clear procedures and travel routes for family vehicles
and instruct family drivers not to block or partially block travel lanes with queued or waiting
vehicles. The TMP will include one school year of monitoring and other requirements,
which may be required by the City. The TMP will be reviewed and approved by the City
prior to Temporary Certificate of Occupancy.
2. The Applicant shall record a formal Lot Combination in order to ensure the proposed buildings
are not built across property lines. The instrument shall be recorded prior to Temporary
Certificate of Occupancy.
3. The Applicant shall receive preliminary approval of the street vacation from City Council
prior to issuance of the civil construction permit. Final approval of the street vacation(s) shall
be completed prior to Temporary Certificate of Occupancy.
4. The Applicant shall submit a detailed landscape plan documenting compliance with the street
tree standards, requirements of the Approved Street Tree List and Spacing Guidelines, and
other applicable sections of RMC 4-4-070. The landscape plan shall be submitted to and
approved by the Current Planning Project Manager prior to construction permit approval.
5. The Applicant shall submit a detailed landscape plan documenting compliance with the
landscaping screening standards for non-residential development in residential zones in RMC
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4-4-070. The landscape plan shall be submitted to and approved by the Current Planning
Project Manager prior to construction permit approval.
6. The Applicant shall submit a detailed landscape plan documenting compliance with the visual
buffers requirements for properties abutting residential lots, specifically with respect to the
width and planting standards set forth in RMC 4-4-070F.4. In addition, the Applicant shall
increase the number and size of trees on the southern portion of the site between the parking
lot and the residences to the south and shall utilize larger species such as standard Western
red cedar, Douglas fir, or an alternative approved by the Current Planning Project Manager.
The landscape plan shall be submitted to and approved by the Current Planning Project
Manager prior to civil construction permit approval.
7. The Applicant shall submit a detailed landscape plan that identifies the replacement trees
meeting the replacement requirements of RMC 4-4-130 including clear indication of the 50-
percent credit limitation for those trees that are required landscaping as indicated in the
replacement ratio of RMC 4-4-130H.1e.i. Fee-in-lieu may also be considered if replacement
onsite is not feasible. The landscape plan shall be submitted to and approved by the Current
Planning Project Manager prior to civil construction permit approval.
8. The Applicant shall submit a revised site plan with the building permit application that
identifies a refuse and recyclables enclosure compliant with the size requirements in RMC 4-
4-090E.3 or obtain modification approval to reduce the minimum size requirements. The
revised site plan or modification shall be submitted to and approved by the Current Planning
Project Manager prior to building permit approval.
9. The Applicant shall submit a detailed landscape plan showing all fences behind the required
landscaping along all property lines. The landscape plan shall be submitted to and approved
by the Current Planning Project Manager prior to construction permit approval.
10. The Applicant shall submit a surface mounted utility plan that includes cross-section details
with the civil construction permit application. The Applicant shall work with franchise utilities
to ensure, as practical, utility boxes are located out of public ROW view, active common open
spaces, and they shall not displace required landscaping areas. The plan shall provide and
identify screening measures consistent with the overall design of the development. The
surface mounted utility plan shall be reviewed and approved by the Current Planning Project
Manager prior to permit issuance.
11. The Applicant shall submit a rooftop equipment exhibit with the elevation plans associated
with the building permit application. The exhibit shall provide cross section details and
identify proposed rooftop screening that is integral and complementary to architecture of the
buildings. The exhibit shall be reviewed and approved by the Current Planning Project
Manager.
12. The Applicant shall submit a lighting and photometric plan at the time of building permit
application for review and approval by the Current Planning Project Manager prior to building
permit approval.
13. The Applicant shall submit a revised utility plan with the civil construction permit
application that extends the Duvall Ave NE sidewalk across both bus lane driveways
removing the painted crosswalks. The revised plan shall be reviewed and approved by
the Current Planning Project Manager prior to permit issuance.
14. The Applicant shall submit a revised utility plan with the civil construction permit application
that replaces the painted crosswalks with concrete or stamped asphalt for the north/south
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pedestrian walkway through the parking lot. The revised utility plan shall be reviewed and
approved by the Current Planning Project Manager prior to permit issuance.
15. The Applicant shall provide revised plans with the civil construction permit application that
locates all required frontage improvements within the ROW. The location of the ROW
improvements shall be submitted to and approved by the Current Planning Project Manager
at the time of civil construction permit application review.
16. The Applicant shall include Chelan Pl NE in the Transportation Management Plan and install
City-approved signage that discourages pick-up and drop-off of students from the subject
street.
17. The Applicant shall increase the number and size of trees in the area between Duvall Ave NE
and the bus lane and the perimeter area near the outdoor classroom on the north side of the
site. The Applicant shall utilize larger species such as standard Western red cedar and Douglas
firs, or an alternative approved by the Current Planning Project Manager. The landscape plan
shall be submitted to and approved by the Current Planning Project Manager prior to civil
construction permit approval.
18. The construction shall comply with the Updated Subsurface Exploration and Geotechnical
Engineering Report (Exhibit 17), prepared by Associated Earth Sciences, Inc, dated December
22, 2020, or future addenda.
19. The Applicant shall apply for and obtain a combined critical areas exemption for proposed
temporary impacts and mitigation in the Wetland C buffer prior to construction permit
issuance.
20. The Applicant shall submit payment for the mitigation bank credits prior the start of any
construction activity within the boundary of Wetland B.
21. The Applicant shall submit the draft Native Growth Protection Easement documents with the
construction permit application submittal. The documents shall be reviewed and approved by
the Current Planning Project Manager prior to civil construction permit issuance.
Additionally, the Applicant shall be required to record the easement and related documents
prior to issuance of a Temporary Certificate of Occupancy.
DATED this 3rd day of August 2021.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III application(s) subject
to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner’s decision
must be filed within fourteen (14) calendar days from the date of the decision. A request for
reconsideration to the hearing examiner may also be filed within this 14-day appeal period.
Affected property owners may request a change in valuation for property tax purposes notwithstanding
any program of revaluation.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
RSD Elementary #16
Project Number:
LUA21-000167, CUP-H, SA-H, MOD
Date of Report
August 3, 2021
Staff Contact
Alex Morganroth
Senior Planner
Project Contact/Applicant
Laura Brent
Brent Planning Solutions, LLC
PO Box 1586, Mukilteo, WA
98275
Project Location
1058 Chelan Ave NE
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-29: As shown in the Staff Report to the Hearing Examiner
Exhibit 30: Google Earth, https://www.google.com/earth/
Exhibit 31: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 32: Staff PowerPoint