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HomeMy WebLinkAboutD_ChickfilAReconsiderationDecision_v2_220816_Fin.pdf August 22, 2022 Alex Malesis Commercial Corner, LLC 13831 SE 77th Pl Newcastle, WA 98059 SUBJECT: Reconsideration Request for the Chick-fil-A Expansion Site Plan Review Decision (LUA21- 000440, ECF, SA-A) Dear Mr. Malesis: The Department of Community and Economic Development received your timely request on August 8, 2022 for the reconsideration of the Chick-fil-A Expansion land use decision. The Chick-fil-A Expansion administrative site plan review decision issued on July 27, 2022, included the approval for the expansion of the Chick-fil-A Restaurant parking area and drive-through queuing lane along with other associated improvements located at 351 Rainier Ave S. The application was reviewed as a major modification to the initial Chick-fil-A Restaurant site plan review decision (LUA18-000619) issued on February 8, 2019. In your reconsideration request, you note that an access easement (King County recording number 7607260646) is located on the northwest portion of 351 Rainier Ave S and that it is for the benefit of a property in your ownership located at 307 Rainier Ave S. The reconsideration request states the easement boundaries are identified on the land use application plans, but have not been properly recognized as there are proposed site improvements that interfere with the rights granted in the easement document. The reconsideration request seeks to revise the approval to acknowledge and allow full use of the rights granted in the above-referenced easement document (Attachment 1). You submitted a timely public comment on January 6, 2022, and were made a party of record to the application, and therefore have standing to request a reconsideration of the decision. Following review of the request, staff has determined that pursuant to Renton Municipal Code 4-8-100I.3, an error in fact did occur in the Chick-fil-A administrative site plan decision File LUA21-000440. The access easement is shown on the approved site and landcape plan drawings (Exhibits 5 and 11, respectively). Landscaping and seven (7) vehicle parking spaces are shown within the boundaries of the access easement. It is reasonable to conclude these improvements would obstruct and interfere with the use of the easement Alex Malesis, Commercial Corner LLC Page 2 of 3 August 22, 2022 by the Grantee. Pursuant to conversations with the Renton Fire Authority, the easement is not needed for emergency ingress/egress for 307 Rainier Ave S given the current tenant. A change in tenant could result in a need for emergency ingress/egress which may be met by the current easement. Decision: Therefore, Condition #15 of the Chick-fil-A Expansion, LUA21-000440, will be added stating: “The applicant shall submit a revised site plan and landscaping plan with the civil construction permit application that recognizes the recorded access easement (King County recording number 7607260646) or provide documentation that the easement has been released. Alternatively, a new or revised easement could be recorded and the site plan could be revised consistent with the new easement. The revised plans and associated easement revisions or release documentation shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance.” APPEALS: The Chick-fil-A Expansion, LUA21-000440 Decision is subject to a 14-day appeal period. The decision will become final if not appealed in writing by 5:00 pm on Tuesday, September 6, 2022. Due to the ongoing state of emergency enacted by Governor’s Proclamation 20-28.14 (and as amended), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-8- 110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. Sincerely, Vanessa Dolbee Planning Director Attachment 1: Access easement (King County recording number 7607260646) cc: C.E. “Chip” Vincent, CED Administrator Matthew Herrera, Current Planning Manager Andrew Van Gordon, Associate Planner Toula Properties, LLC/ Owners Estefania Escamilla, 4G Development/ Applicant Estefania Escamilla, 4G Development/ Contact Parties of Record