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HomeMy WebLinkAboutD_Admin_Report_Shell_Gas_Station_180717 A. ADMINISTRATIVE MODIFICATION REPORT & DECISION  DECISION:  APPROVED  APPROVED SUBJECT TO CONDITIONS  DENIED  REPORT DATE: July 17, 2017  Project Name: Renton Sunset Shell C-Store  Owner: Yadav & Gill LLC, 2800 NE Sunset Blvd., Renton, WA 98056  Applicant/Contact: Ken Khorami, Avalon Project Inc., 1603 116th Ave. NE #115, Bellevue, WA 98004  Project File Number: PR16-000181  Land Use File Number: LUA17-000416, MOD, MOD  Project Manager: Vanessa Dolbee, Current Planning Manager  Zoning Classification: Center Village (CV)  Summary of Request: The applicant is requesting two modifications, one from Urban Design District D and a second street modification. Two design standards are requested to be modified as follows: RMC 4-3-100E2. Parking and Vehicular Access, Surface Parking location. The request to permit surface parking between the building and NE 10th St. and NE Sunset Blvd. which is not permitted by the design district. RMC 4-3-100E5. Building Architectural Design, Ground Level Details. The modification request is to provide a wall claiming trellises with a two foot deep planting bed, in lieu of providing 50% transparent windows and/or doors for that portion of the façade between 4 ft. and 8 ft. above ground along the NE 10th St. façade. The street modification requested is to conform to a modified principal arterial street standard which is consistent with the City’s Transportation Department’s corridor plan for NE Sunset Blvd. resulting in a right of way width of 100 ft. The paved roadway width would be 60 ft. consisting of 4 – 12 foot travel lands and 1 - 12 foot center two-way left turn lane. A 0.5 ft. curb, 8 ft. planter, and 12 ft. sidewalk along reach side of the roadway.  Project Location: 2800 NE Sunset Blvd.  Site Area: 0.26 ac (11,250 SF)  / B. EXHIBITS: Exhibit 1: Staff Report  Exhibit 2: Modification Request Justification  Exhibit 3: Site Plan  Exhibit 4: Elevations  Exhibit 5: Civil Construction Utility Plan  Exhibit 6: Advisory Notes  C. PROJECT DESCRIPTION/BACKGROUND: The subject site is located along the NE corner of the intersection of NE 10th St. and Sunset Blvd. NE. The applicant is proposing to re-construct an existing 1,304 sf convenience store located at the current site. The new convenience store would be approximately 2,000 sf in size. The existing gas refilling station would remain as it exists today. All new structures are required to comply with the City’s Urban Design District Standards and provide right-of-way improvements. D. ANALYSIS OF REQUEST: Modification Analysis: The applicant is requesting a modification from RMC 4-6-060 in order to modify the principal arterial road standard which would require five lanes and have a right of way width of 103 ft. with a paved roadway width of 66 ft. consisting of 4 – 11 ft. travel lanes, 1 – 12 ft. center two-way left turn lane, and 2 – 5 ft. bike lanes. A 0.5 ft. curb, 8 ft. planter strip, 8 ft. sidewalk, and 2 ft. clear at the back of sidewalk would be required on both sides of the roadway. A right of way dedication of approximately 1.5 ft. would be required along the site’s frontage to conform to RMC 4-6-060. The requested modification is for a right-of-way width of 100 ft., and design consistent with The City’s Transportation Department established corridor plan. The modified paved roadway section is 60 ft. consisting of 4 – 12 ft. travel lanes and 1 – 12 ft. center two-way left turn lane. A 0.5 ft. curb, 8 ft. planter, and 12 ft. sidewalk would be required along each side of the roadway. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification, subject to conditions as noted below: Compliance Modification Criteria and Analysis  ( 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. Staff Comment: The Land Use Element has applicable policies listed under a separate section labeled Promoting a Safe, Healthy, and Attractive Community. These policies address walkable neighborhoods, safety, and shared uses. The intent of the policies are to promote new development with walkable places that support grid and flexible grid street and pathway patterns, and are visually attractive, safe, and healthy environments. The requested street modification is consistent with these policy guidelines.  ( Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The City’s Public Works Transportation section and Economic Development section have reviewed NE Sunset Blvd and the surrounding area and have determined that a modified principal arterial street section is more suitable for the portion of NE Sunset Blvd. adjacent to the site. The roadway section for this portion of NE Sunset Blvd. is currently being designed by the Transportation section. The modified principal arterial section proposed will conform to the design criteria outlined by the Transportation section.   ( Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The City’s Public Works Transportation section and Economic Development section have reviewed NE Sunset Blvd and the surrounding area and have determined that a modified principal arterial street section is more suitable for the portion of NE Sunset Blvd. adjacent to the site. The roadway section for this portion of NE Sunset Blvd. is currently being designed by the Transportation section. The modified principal arterial section proposed will conform to the design criteria outlined by the Transportation section.  ( Will not be injurious to other property(ies) in the vicinity. Staff Comment: There are no identified adverse impacts to other properties from the requested modification.  ( Conforms to the intent and purpose of the Code. Staff Comment: See comments under criterion ‘b’.  ( Can be shown to be justified and required for the use and situation intended; and Staff Comment: See comments under criterion ‘b’.  ( Will not create adverse impacts to other property(ies) in the vicinity. Staff Comment: See comments under criterion ‘c’.  Design District Modification Analysis: The applicant is requesting a modification from RMC 4-3-100E2 and RMC 4-3-100E5 Urban Design Regulations in order to allow vehicular parking between the building and the public street and allow for a reduction in the 50% transparency requirement and vegetation planter size standards for the façade facing NE 10th St. The proposal is compliant with the following modification criteria, pursuant to RMC 4-3-100F and 4-9-250D, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification, subject to conditions as noted below: Compliance Modification Criteria and Analysis  ( 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. Staff Comment: The subject site is located in the Commercial Mixed Use (CMU) Land Use Designation and the Commercial Village Zone (CV). The CV zone is an area that is characterized by existing commercial and multi-family core served by transit. This zone is intended to revitalize an area creating a vibrant, urban center. The redevelopment of an existing convenience store would further the purpose of the CMU Land Use Designation and the CV zone by supporting the revitalization of the existing site. Goal L-G of the Comprehensive Plan encourages the transition of non-conforming structures and Goal L-L looks to transform concentrations of pre-existing linear commercial area into multi-use neighborhoods, characterized by enhanced planning. The redevelopment of an old non-conforming structure into a new conforming building would substantially implement the policy direction of the Comprehensive Plan Land Use Element as demonstrated in Goal L-G and L-L. The two minor modifications requested from the design district would allow the convenience store to be re-built in the same location that it currently exists on site and would provide for an enhanced pedestrian experience beyond what exists today. These two requests are the minimum adjustment necessary.   Compliant if Conditions of Approval are Met Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The applicant contends the proposed improvements are consistent with the City’s planned improvements to NE Sunset Blvd. and recognize the particular conditions of the property, including multiple driveways and minimum required parking for the specified use. Staff concurs the proposed modification would meet the objectives of function and maintainability intended by the code requirements. The site is located at the intersection of NE 10th St. and NE Sunset Blvd. This unique location on a corner lot, the site’s small size, and the necessary vehicular movements to allow the gas pumps to continue to operate in the same location limits the applicant’s options for vehicular parking on the site. The applicant has proposed 5 parking stalls for the convenience store which complies with the codes minimum and maximum parking stall requirement for a 2,000 sf retail store. All surface lots are proposed to be screened from the right-of-way by a vegetative screen including emerald green cedars and millennial shrubs. The façade fencing NE 10th Street contains an access door and one large store front window. Both the door and the window would be installed with clear transparent glass. However, approximately 20 linear feet located on the west side of the façade would have no windows. Based on the provided floor plans this area is designed for the walk-in coolers. Due to the presence of the cooling system, windows are not practical in this location along the wall. In exchange the applicant has proposed to provide a trellis system with tempered glazing awning and a metal wall claiming green trellises designed for plants to climb, i.e. a green wall. A landscape plan was not provided with the design modification as such, staff recommends as a condition of approval that an evergreen vining plant be proposed in this location to ensure that green foliage is present all year long. The combination of provided glazing and the 2 ft. vining plant planter box meets the intent and objections of the code by sufficiently screening the blank wall.  ( Will not be injurious to other property(ies) in the vicinity. Staff Comment: The new design of the convenience store would be an improvement from the existing store in terms of aesthetics and the pedestrian experience. The design modifications to allow parking between the street and a green wall along a portion of the façade facing NE 10th St. would not be injurious to other properties in the vicinity.  ( Conforms to the intent and purpose of the Code. Staff Comment: See comments under criterion ‘a’ and ‘b’.  ( Can be shown to be justified and required for the use and situation intended; and Staff Comment: See comments under criterion ‘b’.  ( Will not create adverse impacts to other property(ies) in the vicinity. Staff Comment: See comments under criterion ‘c’.  Compliance not yet demonstrated The project as a whole meets the intent of the minimum standards and guidelines in subsections E1, E2, E3, E4, E5, E6, and E7 of the design regulations Staff Comment: The remainder of the design standards and regulations would be evaluated as a part of the Building Permit application.   Compliance not yet demonstrated The project as a whole meets the intent of the minimum standards and guidelines in subsections E1, E2, E3, E4, E5, E6, and E7 of the design regulations Staff Comment: The remainder of the design standards and regulations would be evaluated as a part of the Building Permit application.  ( The requested modification meets the intent and guidelines of the applicable design standard RMC 4-3-100E2. Parking and Vehicular Access, Surface Parking location. Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. RMC 4-3-100E5. Building Architectural Design, Ground Level Details Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. Staff Comment: As noted above in criterion ‘b’, the surface parking lot is designed to reduce the visual impact of the parking area by providing a landscaping screen. The site is constrained by shape and size and cannot accommodate future in-fill development without being combined with adjacent sites. As such the design of the surface parking combined with the landscaping meets the intent and the guidelines of RMC 4-3-100E2. As noted above in criterion ‘b’, the proposed green wall and associated trellis would ensure that the façade facing NE 10th St. would be visually interesting and provide human-scale character. The NE 10th St. façade is designed with a combination of clear glazing, green screen, cement hardie board, trellis, metal coping, curtained monogram dutchlap, and painted CMU. As designed the NE 10th St. façade would meet the intent and guidelines of RMC 4-3-100E5.  ( The modification will not have a detrimental effect on nearby properties and the City as a whole; Staff Comment: See comments under criterion ‘c’  ( The deviation manifests high quality design; and Staff Comment: See comments under criterion ‘h’.  ( The modification will enhance the pedestrian environment on the abutting and/or adjacent streets and/or pathways. Staff Comment: The modifications allow for an enhanced pedestrian environment as the old non-conforming structure would become conforming. In addition, the upgrades to the site such as pedestrian connections from the sidewalk to the convenience store entrance, pedestrian scale amenities such as picnic tables, planters, fountains, façade lighting, etc. would enhance the pedestrian environment on the abutting and adjacent streets.   ( The modification will enhance the pedestrian environment on the abutting and/or adjacent streets and/or pathways. Staff Comment: The modifications allow for an enhanced pedestrian environment as the old non-conforming structure would become conforming. In addition, the upgrades to the site such as pedestrian connections from the sidewalk to the convenience store entrance, pedestrian scale amenities such as picnic tables, planters, fountains, façade lighting, etc. would enhance the pedestrian environment on the abutting and adjacent streets.  E. DECISION: The proposal satisfies 11 of the 11 criteria listed in RMC 4-3-100 and RMC 4-9-250 for approval of modifications to design districts, and the proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250 for modification to street standards. Therefore, the Renton Sunset Shell C-Store Design District and Street Modification Request, File No. LUA17-000416, is approved and is subject to the following conditions: An evergreen vining plant shall be planted to grow on the green wall along NE 10th St. such plant types shall be provided in a landscape plan for review and approval by the Current Planning Project Manager prior to building permit issuance. DATE OF DECISION ON LAND USE ACTION: SIGNATURE:   Jennifer Henning, Planning Director Date   TRANSMITTED this 18 day of July, 2017 to the Owner/Applicant/Contact: Owner: Applicant/Contact:   Yadav & Gill LLC 2800 NE Sunset Blvd. Renton, WA 98056 Ken Khorami Avalon Project Inc. 1603 116th Ave. NE #115 Bellevue, WA 98004   K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 1, 2017. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court.