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