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HomeMy WebLinkAboutConditional Use, Site Plan, Street Modification -- CHILD School Decision1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Children’s Institute for Learning Differences (CHILD) Conditional Use, Site Plan, Street Waiver and Lot Line Adjustment LUA14-0000203, ECF, SA-A, CU-H, MOD) ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The Childrens Institute for Learning Differences (CHILD) of the Presbytery of Seattle has applied for a conditional use permit, site plan approval, and street modification. The conditional use permit, site plan and street modification are approved with conditions. The proposal will remodel a former church and add a modular one-story 2,239sf building. The former church is 18,469sf. The applicant is proposing remodels to the first floor and basement for school classrooms, kitchen, and staff and student support areas including occupation, speech, and language therapy rooms. Exterior work for the primary structure will consist of paint, trim, and in-fill of some windows. An existing cellular building and tower will remain on site. Other improvements include a play area, parking spaces, landscaping, and street improvements. The existing facility would be brought up to current Building and Fire codes. Drainage, Geotechnical, and Traffic Impact studies were provided. The site is located in the Residential-8 single family zone and is 175,111sf in size (4.02 acres). Approximately 2,083sf of steep slopes are located on-site. Over 150 trees are to remain. Vehicular access would be gained off Benson Road South at the intersection with S 26th Street and an emergency fire access would be kept from S 27th Street. A modification is requested from street improvements along S 27th Street. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 2 CAO VARIANCE - 2 Testimony Kris Sorensen – Associate Planner, City of Renton Mr. Sorensen described the project. He confirmed that a conditional use permit, site plan and street modification are required because the use is a K-12 school in the R-8 zone. Mr. Sorensen noted there are a couple of schools already in the subject vicinity as well as single family development. Mr. Sorensen noted there are critical areas on the subject site that are currently vacant. These areas area proposed to remain vacant. Mr. Sorensen stated the City had issued a mitigated determination of non-significance under SEPA. No comments were received. The DNS-M has three recommended conditions of approval. The project, as conditioned, will meet the intent of the code while avoiding impacts to adjacent properties. Mr. Sorensen stated the City recommended approval with conditions. Vanessa Dolbee, Current Planning Manager, City of Renton In response to the examiner, Ms. Dolbee described the modification request to parking. The applicant requested an additional two spaces beyond the code maximum. There are existing parking stalls on site which met the church requirements rather than a school. The City did not ask for an official modification though it would support a condition of approval requiring administrative approval of the parking modification. Kris Sorensen – Associate Planner, City of Renton Mr. Sorensen stated five parking stalls for bicycles are required, but not proposed. Staff supports a condition of approval requiring bicycle parking. Mr. Sorensen described the proposed use of the renovated space and the new modular building. The new modular building will be placed over some of the existing parking spaces. The applicant has proposed to exceed the minimum requirement of ADA parking stalls because a high percentage of disabled students will be utilizing the school. Lee Wangerin – Applicant’s Architect Mr. Wangerin is the lead architect and he put together the conditional use permit application. He formerly served on the board of directors for the school and his son attended the school. The design team is experienced and talented. Mr. Wangerin agrees with the staff report. They intend to comply with the staff recommendations. Mr. Wangerin described the difficulty the applicant had finding a location for the school. They reviewed 20-30 sites. The subject site is by far the best suited for the applicant’s needs. The site is isolated and surrounded by open space. It is in a neighborhood with other schools. All access and egress will be along a minor arterial with no impact on quiet residential streets around it. There is good access to I-405. Kids come from far away, with some coming from as far as Olympia. The neighborhood is quiet. There are no adverse uses. The building can be easily remodeled for a school. As designed, the educational uses are all on the first floor. The therapy programs will be in the lower floor, which is a daylight basement. The school will provide K-12 education and therapy for kids with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 3 CAO VARIANCE - 3 physical or learning disabilities. Many kids that come to CHILD from public schools are able to return to the public school system after a few years. This school does a lot of social good. Mr. Wangerin stated the original application showed 65 parking spaces. They have since modified the entry sidewalk for student drop off. This area will lose two of the proposed handicapped spaces. This will provide a safer transition for kids coming from buses into the school. The new parking proposal is 63 spaces with four ADA stalls which meets the City code requirements. The site plan in the Staff Report is not the most current. Mr. Wangerin submitted a new site plan (Ex. 21). They also made a few changes to accommodate more landscaping and lighting to better meet the City code. There will be a total of 5 pole lights and a new outdoor pathway on the north. The path will be an ADA conforming ramp to allow access from the upper to lower levels of the building without an elevator. They didn’t want to add an elevator because the student’s wouldn’t understand how to safely operate the elevator. Though the school has never had a child with a wheelchair, they are planning for ADA improvements in the event the school ever enrolls a child in a wheelchair. Mr. Wangerin stated 95% of the kids arrive in busses with the occasional parent drop off. None of the kids will either walk or bike to the school and none of the staff arrive that way. This is why they did not plan for bicycle parking. They preferred extra parking spaces to accommodate the way the site will actually be used. Jennifer Henning – Planning Director, City of Renton Ms. Henning stated bicycle parking is intended to provide for future need. The City would consider a modification for a reduction in bicycle parking. However, the City would still like to see the Applicant provide at least a few bicycle parking stalls. Exhibits The April 8, 2014 Staff Report Exhibits 1-20 identified at page 2, part B of the Staff Report itself were admitted into the record during the hearing. Exhibit 21, an updated site plan, was admitted during the hearing. Exhibit 22, Staff comment on Exhibit 21, was also admitted to the record on April 18, 2014. FINDINGS OF FACT Procedural: 1. Applicant. Childrens Institute for Learning Differences (CHILD) of the Presbytery of Seattle. 2. Hearing. The Examiner held a hearing on the subject application on April 15, 2014 at 1:00 pm in the City of Renton Council Chambers. The record was left open until April 18, 2014 to allow staff to comment on Exhibit 21. The applicant was given until April 23, 2014 to respond to the staff comments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 4 CAO VARIANCE - 4 3. Project Description. Childrens Institute for Learning Differences (CHILD) is a private school for physically and learning disabled children. The school provides K-12 education as well as therapy programs. Many children come to the school after encountering difficulties in the public school system. A significant percentage of the students that come to CHILD are able to transition back into the public school system after a few years in CHILD. Nearly all of the students attending the school arrive by bus or private car. None of the students walks or rides a bike to school. Similarly, all of the staff drives private vehicles to the school. The school serves the entire Puget Sound region. The proposal will remodel a former church and add a modular one-story 2,239sf building. The former church is 18,469sf. The applicant is proposing remodels to the first floor and basement for six school classrooms, kitchen, and staff and student support areas including occupation, speech, and language therapy rooms. The existing building will not be expanded beyond its current footprint. Exterior work for the primary structure will consist of paint, trim, and in-fill of some windows. An existing cellular building and tower will remain on site. Other improvements include a 500sf play area, 63 parking spaces, landscaping, and street improvements. The existing facility would be brought up to current Building and Fire codes. Drainage, Geotechnical, and Traffic Impact studies were provided. The site is located in the Residential-8 single family zone and is 175,111sf in size (4.02 acres). Approximately 2,083sf of steep slopes are located on-site. Over 150 trees are to remain. The site is surrounded by multi-family and single family residences and public school district properties with existing schools. Vehicular access would be gained off Benson Road South at the intersection with S 26th Street and an emergency fire access would be kept from S 27th Street. A modification is requested from street improvements along S 27th Street. The subject site has two street frontages. Benson Road South is along the west side. South 27th Street is along the south side. The existing right-of-way width for Benson Road South fronting the site is 60 feet. Benson Road is classified as a Minor Arterial. The existing right-of-way width in South 27th Street fronting the site is 60 feet. South 27th Street is classified as a residential access street. The current circulation system for both pedestrians and vehicles would remain similar to what exists today, with some minor improvements. Installation of street frontage improvements along Benson Road South and South 27th Street are required by City code. For Benson Road, the required street improvements are a pavement width of 22 feet (south of S. 26th Street) and up to 29 feet from centerline (north of S. 26th Street), curb and gutter, an 8 foot planter strip, an 8 foot sidewalk, and storm drainage improvements. This will require an 8-12 foot right of way dedication along the project site on Benson Road. The improvements required along South 27th Street include a 5 foot sidewalk and an 8 foot planting strip (Ex. 21). The applicant has requested a street modification for both frontages. There are existing street frontage improvements along Benson Road. In lieu of reconstructing the existing frontage to meet City standards, the applicant has proposed to dedicate new right of way along the western length of the site, but does not intend to provide improvements. The request for modification along South 27th Street would construct only a portion of the required improvements because the topography at the site would prevent installation of frontage improvements along much of the eastern frontage of the site. The modification request has been administratively approved (Ex. 16). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 5 CAO VARIANCE - 5 Internal pedestrian circulation will be improved with a new added walkway from the main building north to the new playground area. A new ADA compliant pedestrian path will be added to the north end of the main building and connecting to the easterly parking area. The path will allow ADA access from the main floor to the daylight basement. The parking drive aisles will be re-graded in some areas to create an improved driving slope for small and large vehicles such as buses and cars. The proposed site improvements would result in improved pedestrian and vehicle linkages between the school buildings, the public street and adjacent properties. The existing church site has 80 parking spaces. The maximum number of spaces for a school use is 63 stalls. The applicant proposes to retain a total of 63 parking spaces. Three ADA compliant spaces are required; the applicant proposes four such spaces. Five bicycle spaces are required. The applicant has proposed installation of a seven bicycle parking rack. The site is located within the Moderate Coalmine Hazard area. The site has approximately 2,083sf of Geological Hazard protected slopes, and high landslide hazards. No other critical areas are on site. All of the proposed work is outside of the critical areas and their associated buffers. The applicant submitted a Geotechnical Report, prepared by GEO Group Northwest, Inc., dated January 29, 2014. The study determined there was no previous coal mining at the subject location. The report indicated the soils are not suitable for infiltration and that water should be conveyed to the City storm drain, rather than discharged on or directly above the embankment of the steep slope area. Dispersal of the water is recommended if a public storm drain is not available. The applicant also submitted a Technical Information Report, prepared by prepared by TEC Taylor Engineering Consultants, dated February 12, 2014. The report indicated the existing runoff flows west into the ditch and culvert system on the east side of Benson Rd South. The applicant submitted a Traffic Impact Analysis, prepared by William Popp Associates, dated February 4, 2014. The report indicated the existing traffic volumes on Benson Road S in the AM peak hour, from 7 AM to 8 AM, are 1,255 vehicles per hour. Peak hour PM traffic volumes from 4:45 PM to 5:45 PM are 1,365 vehicles per hour. Traffic volumes for South 26th St are in 50 vehicles per hour in the AM peak hour and 117 vehicles per hour for the PM peak hour. The City Environmental Review Committee issued a Determination of Non-Significance – Mitigated (DNS-M) for the proposed project on March 24, 2014 with three mitigation measures related to geotechnical and traffic elements. These mitigation measures are reflected in the conditions of approval. 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 site is served by the Soos Creek Water and Sewer District for all water and sewer service. A water availability certificate will be required to be submitted to the City. A copy of the approved water plan shall be provided to City for review prior to issuance of the construction permit. The proposed project does not impact existing sewer services at the subject site. The new modular building would contain plumbing fixtures (i.e. sinks, toilets etc.) as part of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 6 CAO VARIANCE - 6 project. Sewer system development fees will be owed if the project adds a new water meter or increases the size of the existing domestic water. The Fire Marshall has determined that based on the proposed location of the new buildings, new fire hydrants would be required. A minimum of two fire hydrants are required. One fire hydrant is required within 150-feet of the proposed buildings and one hydrant within 300- feet. At least one new hydrant will be required on the site with corresponding water main extensions. Existing hydrants can be counted toward the requirements as long as they meet current code; all existing hydrants need 5-inch storz fittings. B. Fire and Police. Fire and police department staff have determined that existing facilities are adequate to serve the development. C. Drainage. There are storm drainage facilities in Benson Road. The applicant submitted a preliminary drainage plan and drainage report, Preliminary Technical Information Report for the CHILD School, prepared by TEC Taylor Engineering Consultants, dated February 12, 2014 (Ex. 9). The report addresses compliance with the City-adopted 2009 King County Surface Water Manual (KCSWM) and the 2009 City of Renton Amendments to the KCSWM. All core and any special requirements were discussed in the report. The already- developed site drains ultimately to the drainage system along the east side of Benson Rd S. The proposed development will drain the same direction. No major conveyance is proposed. Staff have determined standard storm drain pipes will be sufficient to convey runoff on the sloping site. Flow control will be accomplished using a Native Growth Retention Credit BMP (Best Management Practice) in the northern, undeveloped-forested area of the site (Ex. 7). Water quality is not required because the project will not add more than 5,000sf of new PGIS surface. Staff received a public comment from a person living near the subject site expressing general concern about stormwater drainage. Flow control through the Native Growth Retention Credit BMP requires that at least 3.5 square feet of native vegetated surface be preserved for every square foot of impervious surface being mitigated. Therefore, to mitigate 5,855 square feet of new and replaced impervious surface, at least 20,492 square feet of native vegetated surface must be preserved. The native growth area may not be steeper than 15%. The area north of the driveway is proposed to be set aside as a Native Growth Retention Area, and while portions of it are too steep, it contains more than 20,492 square feet that is 15% slope or less. D. Parks/Open Space. The subject site is a developed church site. The existing site contains no sports or play areas. The proposal will create a new play area in the center portion of the site. There is a large forested area at the northern portion of the site. The combination of the existing open spaces and the proposed play area will provide adequate parks and open space area for both passive and active recreation by the occupants and users of the site. The pplicant provided a tree retention plan. The applicant proposes to retain 153 of the existing 159 trees. This is a significantly greater retention than the required 30 percent retention in the zoning. Existing on-site vegetation will be retained. New plantings of trees, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 7 CAO VARIANCE - 7 shrubs and groundcover are proposed. The proposal includes a Pea Patch (gardening area) outside the south end of the main building, and a new playground bordered by new trees and landscaping around the southern edge of the play area. E. Transportation. The site has two public street frontages, Benson Road S., a Minor Arterial, to the west and South 27th Street to the south. No new curb cuts are proposed. The South 27th St. access is chained off. This access is reserved for emergency vehicles. Vehicles such as cab, van, small school bus and larger school buses are expected to access the site. A Traffic Impact Analysis, prepared by William Poop Associates, dated February 4, 2014 (Ex. 19) considers the site circulation system for drop-off of students, safety of students, coordination with nearby public school districts, on-site drive aisle paving for bus use, and bus turning movements onto the site from the Benson Road S intersection. The intersection will operate at Level of Service A or B. Around the site, there are pedestrian connections and sidewalks into the surrounding neighborhoods and to nearby schools. Mitigation measures are provided in the SEPA Mitigated Determination of Non-Significance (Ex. 14). As conditioned in DNS-M, the site design would result in safe movements for vehicles and pedestrians. The pplicant has requested a street modification for both frontages. There are existing street frontage improvements along Benson Road. The existing improvements provide pedestrian connections to the surrounding residential areas and to the adjacent schools and other neighborhoods. The intent of the City code is to provide access for vehicles and pedestrians and all users of the public-right-of way. The existing improvements comply with this intent and do create injurious or adverse impacts to other properties in the vicinity. In lieu of reconstructing the existing frontage to meet City standards, the applicant has proposed to dedicate new right of way along the western length of the site, but does not intend to provide improvements. The applicant is providing the needed right-of-way as part of the proposal for a future expansion of the frontage along Benson Road S when those improvements may occur. The request for modification along South 27th Street would construct only a portion of the required improvements because the topography at the site would prevent installation of frontage improvements along much of the eastern frontage of the site. The modification requests have been administratively approved (Ex. 16). 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Few adverse impacts are anticipated. Though the site contains Geological Hazard protected slopes, no new construction will take place within these areas. The proposal renovates and existing building and places a new modular building on site away from the critical areas. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Aesthetics. According to the Staff Report, the proposal would not affect view corridors to shorelines and Mount Rainer. The bulk of the facility will slightly increase but aesthetic impacts have been off-set by increases in landscaping. Existing landscaping on site and proposed new landscaping would meet the minimum requirements for landscaping along all public street frontages, along common property lines with residential development, and for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 8 CAO VARIANCE - 8 parking areas. A conceptual landscape plan was submitted with the project application. Much of the site has mature or existing, maintained, landscaping and the conceptual landscape plan shows additional landscaping including trees, shrubs, and groundcover to be added around the site and parking area. Also, the proposal includes a Pea Patch (gardening area) outside the south end of the main building, and a new playground bordered by new trees and landscaping around the southern edge of the play area. However, as noted on page 8 of the Staff Report, portions of the proposed interior parking lot landscaping comply with the minimum standards and portions do not. There were no public comments expressing any concern over view impacts. Given that the mass and scale of the building is well within the bulk and dimensional requirements of the zoning district. B. Lighting. The applicant proposes to install several pole lighting fixtures. However, a lighting plan was not provided with the application. Exterior onsite lighting, including security and parking lot lighting, would be regulated by code. Compliance with this code (RMC 4-4-075) ensures that all building lights are directed onto the building or the ground and cannot trespass beyond the property lines. C. Internal Circulation. Internal pedestrian circulation will be improved with a new added walkway from the main building north to the new playground area. A new ADA compliant pedestrian path will be added to the north end of the main building and connecting to the easterly parking area. The path will allow ADA access from the main floor to the daylight basement. The parking drive aisles will be re-graded in some areas to create an improved driving slope for small and large vehicles such as buses and cars. The proposed site improvements would result in improved pedestrian and vehicle linkages between the school buildings, the public street and adjacent properties. D. Bicycle Stalls. The project accommodates bicycle use by including seven bicycle stalls as required by RMC 4-4-080(F)(11). E. Noise. The applicant has submitted a Construction Mitigation Plan to minimize noise impacts during construction and the City’s noise regulations, Chapter 8-7 RMC, sets the legislative standard for noise impacts and will adequately regulation noise when construction is completed. F. Drainage. Staff received a public comment from a person living near the subject site expressing general concern about stormwater drainage. The Preliminary Technical Information Report for the CHILD School (Ex. 9) addresses compliance with the City- adopted 2009 King County Surface Water Manual (KCSWM) and the 2009 City of Renton Amendments to the KCSWM. No impacts from drainage are anticipated. G. Refuse and Recyclables. The proposed refuse and recyclable collection area is located in a central location on the subject site, away from surrounding properties. The proposed collection area is approximately 160sf and meets the size requirements of the code. However, the proposal does not indicate the height of the collection area screening. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 9 CAO VARIANCE - 9 Conclusions of Law 1. Authority. K-12 facilities are allowed in the R-8 district as a conditional use subject to hearing examiner review. RMC 4-8-080(G) classifies conditional use applications as Type III permits when hearing examiner review is required. RMC 4-9-200(B)(2)(a)(i) requires site plan review for development of K-12 educational institutions in the R-8 zone. In the absence of the conditional use permit application, 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). RMC 4-8-080(G) classifies street modifications as Type I permits. All three of the aforementioned permits have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number procedure”. The conditional use has the highest numbered review procedures, so all four permits must be processed as Type III applications. 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 subject property is zoned residential eight dwelling units per net acre (R-8) and the comprehensive plan land use designation is residential single family. 3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(D). Site plan review standards are governed by RMC 4-9-200(E)(3). Street modifications are governed by RMC 4-9- 250(D)(2). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. 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. 4. The proposal is consistent with Objectives HS-A, HS-B and HS-C and Policies LU-107, LU-108, HS-7 and HS-11 as quoted at page 6 of the staff report because as designed and mitigated the project provides safe pedestrian access to schools; provides vehicular access to school from an arterial street; enables individuals to meet their basic physical and social needs; makes human services more accessible to the Renton community; creates a caring community that nurtures and supports individuals, children and their families; supports the development and operation of facilities for human services; and collaborates with partner non-profits and schools. The proposal is consistent with all applicable zoning and other development standards as outlined in Finding 22(a)-(r) of the Staff Report and Exhibit 22, adopted and incorporated by this reference as if set forth in full. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 10 CAO VARIANCE - 10 5. The proposal only represents a modest increase in size to the existing facility, while providing for reduced parking and improved pedestrian and vehicular circulation. Though there are two existing school facilities in the subject area, there will not be any over-concentration of school facilities in the vicinity. School facilities in general are not overly concentrated in the City as a whole given that the existing public schools are designed to only serve the immediate service areas of the Renton School District. The new private facility will serve an otherwise underserved regional population of students with physical and learning disabilities within the existing footprint of a former church. Given these factors the criterion is met. 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. 6. As determined in Finding of Fact No. 5 there are no 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. 7. As determined in Finding of Fact No. 5 under the discussion of aesthetic impacts, the proposed use is compatible with the scale and character of the neighborhood since it does not involve any significant adverse aesthetic impacts and significantly exceeds setback and impervious surface requirements. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. As determined in Conclusion of Law No. 4, the proposal includes parking that is consistent with applicable parking standards, which sets a legislative standard for 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. 9. As determined in Finding of Fact No. 5, the proposed site improvements would result in improved pedestrian and vehicle linkages between the school buildings, the public street and adjacent properties. The project includes several improvements over existing circulation, including the separation of vehicles from pedestrian zones and buses. The criterion is met. 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. 10. A lighting plan was not provided with the application. A condition of approval will require the applicant to provide a lighting plan compliant with RMC 4-4-075 lighting standards. City regulations require lights to be directed inwards and that light trespass is prohibited. As to noise, the applicant has submitted a Construction Mitigation Plan to minimize noise impacts during construction and the City’s noise regulations, Chapter 8-7 RMC, sets the legislative standard for noise impacts and will adequately regulation noise when construction is completed. As determined in Finding of Fact No. 5, and as conditioned, noise and light impacts are adequately addressed and mitigated. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 11 CAO VARIANCE - 11 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. 11. As noted in Finding of Fact No. 5 under aesthetic impacts, the applicant submitted a conceptual landscaping plan. With the exception of the interior parking lot landscaping, the conceptual plan complies with RMC 4-4-070. A condition of approval will require the applicant to submit a final landscape plan which identifies compliance with the interior parking lot landscape standards and other landscape requirements. 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. 12. As discussed in Conclusion of Law No. 4 and as conditioned, the proposal is consistent with the City’s comprehensive plan and development regulations. Design regulations do not apply to the project. 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 12 CAO VARIANCE - 12 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. 13. The school facility is necessarily concentrated on one portion of the site, but the impacts of this concentration are negligible given the small portion of the site that is occupied by buildings and the large setbacks and significant amount of landscaping that separates the facility from adjoining uses. The facility could not be considered “overscale” considering the relatively small amount of area occupied by buildings. As determined in Finding of Fact No. 5 and as conditioned, lighting and view impacts are adequately mitigated and landscaping will be effectively used to protect adjoining properties from noise and glare and to maintain privacy and enhance the appearance of the project. The project will be conditioned to provide for adequate screening of refuse and recyclables and to provide screening from utilities and rooftop structures. As determined in Finding of Fact No. 5 and as conditioned, the project provides screening of loading areas to minimize views from surrounding properties. 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; and iv. 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 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. 14. As determined in Finding of Fact No. 5, with the exception of interior parking lot landscaping has been well designed to provide for privacy and noise reduction. A condition of approval will require the project to comply with the internal parking lot landscaping standards of RMC 4-4-070. There is nothing in the record to reasonably suggest that the scale, spacing and orientation of the project could 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 13 CAO VARIANCE - 13 be modified to provide for more privacy and noise reduction without unreasonably interfering with the objectives of the facility. The scale of the facility will not create any adverse impacts as discussed and is compatible with vehicle and pedestrian circulation as determined in Finding of Fact No. 5. In addition, there is nothing in the record to reasonably suggest that the scale of the project is incompatible with sunlight, prevailing winds or natural characteristics. Impervious surfaces are significantly less than those authorized by applicable zoning regulations. The comments by staff on this criterion, at Finding No. 14(d), are adopted by this reference and incorporated as if set forth in full. 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. 15. The proposal provides for adequate access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 5(C). 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. 16. The proposal provides for passive and active recreation areas and preserves forested open space as determined in Finding of Fact No. 4(D). 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. 17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 18. There are no natural systems at the site or that would be affected by the proposal. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 14 CAO VARIANCE - 14 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 19. 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. 20. The project is not phased. Street Modification RMC 4-9-250(D)(2): Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be injurious to other property(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; e. Can be shown to be justified and required for the use and situation intended; and f. Will not create adverse impacts to other property(ies) in the vicinity. 21. The criteria above are met for the requested modification to RMC 4-6-060 for the reasons identified in Finding of Fact No. 4(E). Benson Road already has frontage improvements along its entire length which meet the intention of the code. The applicant is proposing to dedicate land to the City to allow for future expansion of Benson Road in lieu of tearing out the existing adequate improvement and reconstructing them to the current City code. The applicant proposes to construct only a portion of the required improvements on South 27th Street because the existing topography does not support improvements that may comply with City code. The requested modification meets the objective and safety of the code requirements. The proposed street cross section would not be injurious to surrounding property owners and can be shown to be justified for the situation intended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 15 CAO VARIANCE - 15 DECISION The site plan, conditional use permit and street modification are approved subject to the following conditions. 1. The project is subject to the mitigation measures as determined by the Environmental Review Committee (March 24, 2014). These measures include compliance with the recommendations of the Geotechnical Report, prepared by GEO Group Northwest, Inc. and dated January 29, 2014. They also include compliance with the recommendations of the Preliminary Technical Information Report, prepared by TEC Taylor Engineering Consultants dated February 12, 2014. Finally the mitigation measures include compliance with the recommendations of the Traffic Impact Analysis, prepared by William Popp Associates, dated February 4, 2014. 2. The applicant shall submit a final landscape plan which identifies compliance with the interior parking lot landscape standards and other landscape requirements. The Current Planning Manager must review and approve the landscape plan prior to building permit issuance. 3. The applicant shall submit a lighting plan compliant with RMC 4-4-075. The Current Planning Manager must review and approve the lighting plan prior to construction permit issuance. 4. The applicant shall submit street improvement plans for South 27th Street. These plans shall be reviewed and approved by the Development Services section prior to issuance of construction permits. 5. The Fire Marshall will require a minimum of two fire hydrants. One fire hydrant is required within 150 feet of the proposed buildings and one hydrant within 300 feet. At least one new hydrant will be required on the site with corresponding water main extensions. Existing hydrants can be counted toward the requirements as long as they meet current code; all existing hydrants need 5-inch storz fittings. 6. The applicant shall provide a water availability certificate issued by the Soos Creek Water and Sewer District for all water and sewer service. A copy of the approved water plan shall be provided to City for review prior to issuance of the construction permit. 7. The applicant shall provide a profile of the screening fence or wall surrounding the refuse and recyclable collection area compliant with the minimum height requirements of RMC 4-4-090. DATED this 6th day of May, 2014. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONAL USE, SITE PLAN AND, STREET MODIFICATION - 16 CAO VARIANCE - 16 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner’s decision to be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.