HomeMy WebLinkAbout05-30-2023 - 800 Garden PUD and Master Site Plan1
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PUD and Master Site Plan - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: 800 Garden
Master Site Plan and Preliminary
Planned Urban Development
LUA22-000415, SA-M, PPUD
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FINAL DECISION
SUMMARY
Bay West Development requests combined Master Site Plan Review and Preliminary Planned Urban
Development (PPUD) approval for a mixed-use development composed of 1,179 multi-family
residential units and 48,761 square feet (SF) of commercial space on a 11.5-acre site at 800 Garden
Ave N. The applications are approved subject to conditions.
TESTIMONY
Note: The following is a summary of testimony provided for the convenience of the reader only and
should not be construed as containing any findings of fact or conclusions of law. The focus upon or
exclusion of any particular testimony or hearing evidence in this summary is not reflective of the
priority or probative content of any particular hearing evidence and no assurance is made as to
accuracy.
Clark Close, Renton Senior Planner, summarized the staff report. In response to Examiner
Questions, Mr. Close identified that staff concluded an inadvertent discovery plan was sufficient to
address cultural resources because the project site had been developed and redeveloped multiple
times and that the soils had been significantly disturbed.
Brian Wolf, partner of Applicant Bay West, noted that the Applicant has been working with the staff
on the project since 2020. He thanked Mr. Close for his assistance in processing the applications.
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PUD and Master Site Plan - 2
EXHIBITS
Exhibits 1-43 as identified in the Exhibit List shared by staff during the May 16, 2023 hearing were
admitted into the record during that hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Bay West Development, 90 Railway Ave, Campbell, CA 95008
2. Hearing. A virtual hearing on the application was held on May 16, 2023, Zoom Meeting ID
No. 946 7233 4580.
Substantive:
3. Project Description. Bay West Development is requesting combined Master Site Plan
Review and Preliminary Planned Urban Development (PPUD) approval for a mixed-use development
composed of 1,179 multi-family residential units and 48,761 square feet (SF) of commercial space on
a 11.5-acre site at 800 Garden Ave N. The subject property includes a vacant one-story retail
building and surface parking lot that would be demolished. The proposal includes the construction of
three (3) mixed use buildings over three phases: Phase 1: Building A – 8 stories (approx. 84 feet
above level 1 FFE, 696,496 SF with 25,697 SF of ground level commercial space, 419 dwelling units
(du), and 635 parking stalls; Phase 2: Building B – 7 stories (approx. 74 feet above level 1 FFE),
582,385 SF with 13,195 SF of ground level commercial space, 375 du, and 488 parking stalls; and
Phase 3: Building C – 7 stories (approx. 73 feet above level 1 FFE), 591,702 SF with 9,869 SF of
ground level commercial space, 385 du, and 490 parking stalls. Net residential density on the subject
property would result in approximately 110 dwelling units per net acre. The proposal would include
approximately 1,613 onsite structured parking spaces and 26 on-street parallel parking spaces on
Garden Ave N. Access to would be provided from Garden Ave N and N 8th St. All existing 83 trees
onsite would be replaced.
As provided on detailed design elevations, perspective, and design plans the buildings would be
constructed of high quality materials and contain modulation and articulation features commensurate
with their overall scale and relationship to pedestrians on the street. The proposed development
project would include a retail/grocery-ready space within Building A, a corner retail plaza with a
public art element, pedestrian ‘paseos’, a large public plaza at the corner of Garden Ave N and N 8th
St, and multiple interior courtyards with both active and passive recreation. The buildings provide
architectural features across all exterior elevations. Building entries would be comprised of double
height spaces with transparent glazing to help bring in natural light, activate the street frontage, and
enhance the pedestrian experience. Pedestrian and vehicle conflicts are minimized with limited curb
cuts. The development includes 100% structured parking to maximize the project aesthetics from the
public view. The site plan and phasing plan provide compatible transition to the development
provided the Applicant complies with City development standards and conditions of approval.
Phasing timing and deadlines are imposed by a condition of approval as follows:
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PUD and Master Site Plan - 3
Phase 1: construction of Building A in 2024-2025, eight-stories, 696,496 square feet with
25,697 square feet of ground level commercial space, 419 dwelling units, and 635 parking
stalls;
Phase 2: construction of Building B in 2029-2030, seven-stories, 582,385 square feet with
13,195 square feet of ground level commercial space, 375 dwelling units, and 488 parking
stalls; and
Phase 3: construction of Building C in 2034-2035, seven-stories, 591,702 square feet with
9,869 square feet of ground level commercial space, 385 dwelling units, and 490 parking
stalls.
A condition of approval requires that the Applicant submit Final Planned Urban Development
(FPUD) applications for each project phase as follows: Phase 1 in 2024, Phase 2 in 2029, and Phase 3
in 2034.
The following modification to eligible development regulations have been requested by the
Applicant via the PPUD application:
RMC Code Citation Required Standard Modification
RMC 4-2-120A
Development Standards
for Commercial Zoning
Designations (CN, CV, CA,
& UC)
Setbacks: Minimum front yard
setback 15 feet. Maximum front
yard setback 20 feet.
The Applicant is proposing
to vary building setbacks on
Garden Ave N and N 8th St.
RMC 4-3-100E.2 Urban
Design Regulations,
Requirements, Parking
and Vehicular Access:
Structured Parking
Garages
Parking structures shall provide
space for ground floor commercial
uses along street frontages at a
minimum of seventy five percent
(75%) of the building frontage width.
Requested for N 8th St in
Phase 3, Building C. The
Applicant is primarily
proposing to orient retail
uses toward Garden Ave N.
Lobby and parking structure
space are provided along the
frontage width of N 8th St.
RMC 4-3-100E.3 Urban
Design Regulations,
Requirements,
Pedestrian Environment:
Pedestrian Amenities
Pedestrian overhead weather
protection in the form of awnings,
marquees, canopies, or building
overhangs shall be provided. These
elements shall be a minimum of four
and one-half feet (4-1/2') wide along
at least seventy five percent (75%) of
the length of the building facade
facing the street, a maximum height
of fifteen feet (15') above the
ground elevation, and no lower than
eight feet (8') above ground level.
The Applicant is primarily
proposing a parking
structure facing on N 8th St
with limited pedestrian
overhead weather
protection along the south
street facing elevation of
Building C in Phase 3.
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PUD and Master Site Plan - 4
RMC 4-3-100E.5 Urban
Design Regulations,
Requirements, Building
Architectural Design,
Building Character and
Massing: Ground Level
Details
Any façade visible to the public shall
be comprised of at least fifty percent
(50%) transparent windows and/or
doors for at least the portion of the
ground floor facade that is between
four feet (4') and eight feet (8')
above ground (as measured on the
true elevation).
Requested for N 8th St in
Phase 3, Building C. The
Applicant is primarily
proposing a parking
structure facing on N 8th St
with limited transparent
windows and/or doors for
the portion of the ground
floor façade that is between
four feet (4') and eight feet
(8') above ground.
RMC 4-4-070F.1
Landscaping, Areas
Required to be
Landscaped: Street
Frontage Landscaping
Required
Ten feet (10') of on-site landscaping
is required along all public street
frontages, with the exception of
areas for required walkways and
driveways and those zones with
building setbacks less than ten feet
(10'). In those cases, ten feet (10') of
landscaping shall be required where
buildings are not located.
Requested in Phases 1, 2,
and 3. Associated with the
requested building setback
modification. Where
buildings are not located,
landscaping includes a
mixture of trees, shrubs,
groundcover, and
hardscape.
RMC 4-4-080F.8.d
Parking, Loading and
Driveway Regulations,
Parking Lot Design
Standards, Parking Stall
Types, Sizes, and
Percentage
Allowed/Required:
Tandem Parking:
Tandem parking is allowed for
detached single family residential
and townhouse developments.
Requesting up to 20 tandem
parking stalls per phase.
RMC 4-4-150E
Residential Mixed-Use
Development Standards,
Commercial Space
Standards: Commercial
Area Requirements
Within the UC-2 zone, any
development wherein dwelling units
are proposed shall provide an
amount of gross commercial floor
area equivalent to 20% of the
building footprint(s) of all buildings
on site containing residential
dwelling units.
Requested for Phases 2 and
3: Phase 2 – 12% and Phase
3 – 9.4%.
RMC 4-9-150E.2 Planned
Urban Development
Regulations,
Development Standards:
Private Open Space
Each residential unit in a planned
urban development shall have
usable private open space (in
addition to parking, storage space,
lobbies, and corridors) for the
exclusive use of the occupants of
that unit.
Eliminate private
balconies/patios in the
interior corner units to
maximize the amount of
natural light and ventilation
to courtyard units.
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PUD and Master Site Plan - 5
4. Adequacy of Infrastructure/Public Services/Required Amenities. The project will be served by
adequate and appropriate infrastructure, public services and required amenities as follows:
A. Water and Sewer Service. Water and sanitary sewer service for the development will be
provided by the City of Renton. There is an existing 12-inch water main located in Garden
Ave N, an existing 12-inch water main located in N 8th St, and an existing 12-inch water
main within an easement on the parcel. There is an existing 21-inch gravity wastewater
main located in N 8th St, an existing 8-inch gravity wastewater main located in Garden
Ave N, and an existing 6-inch side sewer serving the parcel.
B. Police and Fire Protection. Fire protection would be provided by the Renton Regional Fire
Authority and police service by the Renton Police Department.
Police and Fire Prevention staff indicates that sufficient resources exist to furnish services
to the proposed development; if the Applicant provides code required improvements and
fees (Exhibit 34). Fire fees are calculated and paid at time of building permit issuance.
C. Drainage. In conjunction with the City’s stormwater regulations, the proposal mitigates all
significant drainage impacts and provides for adequate and appropriate stormwater
facilities. Public works staff has reviewed the Applicant’s preliminary drainage design and
found it to conform to the City’s stormwater standards. Important for neighboring
properties, the drainage standards require off-site stormwater flows to be at or less in
volume and velocity than predevelopment conditions. The development is subject to Full
Drainage Review in accordance with the 2017 Renton Surface Water Design Manual.
The Applicant has submitted a Technical Information Report (TIR) prepared by by KPFF
Consulting Engineers, dated December 2022 (Exhibit 12). The project site is currently
developed with a former Fry’s Electronics warehouse building, areas of concrete pavement,
asphalt pavement, and landscaping. The existing landscaping is currently vegetated with
lawn shrubs and trees. The project would generally maintain the existing topography and
drainage patterns of the site. Stormwater runoff would continue to discharge to the existing
public stormwater system in Garden Ave N and the project would continue to discharge
directly to Johns Creek, a major receiving water, via the 72-inch public storm drain in
Garden Ave N adjacent to the site. It has been determined that the current conveyance
system has sufficient capacity for the project and there are no erosion concerns with Johns
Creek. The proposed project would have a net reduction of impervious surface, and the
current conveyance system has sufficient capacity for the project.
New pollution-generating surfaces would be treated using BMPs that meet enhanced basic
water quality standards. In addition, the project would treat runoff from target pollution-
generating impervious surfaces (PGIS) using a series of proprietary water quality vaults
designed to provide enhanced water quality treatment and sized for all surface areas
draining to the facility.
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PUD and Master Site Plan - 6
The proposal’s proportionate share impact on the City’s stormwater system is mitigated via
required payment of a water system development fee, due prior to issuance of the
construction permit.
D. Parks/Open Space. The project provides for adequate parks and open space. The
Applicant has provided active and passive recreational opportunities and open spaces
throughout the development as required by planned unit development (PUD) open space
standards.
The Applicant has proposed to disperse common open spaces and recreation areas in
several areas around the development. Additionally, these areas are both interior and
exterior to the project. PUD development standards require 50 square feet of dwelling space
per dwelling unit. The required open space for 1,179 dwelling units is 58,950 square feet
(50 SF x 1,179 units = 58,950 SF). The Applicant proposes 91,653 square feet of open
space as further detailed for each phase below.
Phase 1: Phase 1 will include a corner retail plaza at the NW corner of the site
enhancing the street intersection of Garden Ave N and N 10th St. This corner retail
plaza would include a public art element providing a focal point for the development.
Additionally, Phase 1 would provide a minimum 25,000 square feet of retail/grocery-
ready space within Building A, unless an otherwise reduced amount is approved by the
Administrator upon securing a commitment for a high quality grocery tenant. The
25,000 square foot retail/grocery-ready space would require an additional level of
parking within Building A.
Phase 2: Phase 2 will require street frontage improvements on Garden Ave N by
wrapping around the corner of N 8th St to ensure ADA and clear vision area
requirements are fully completed as part of the second phase.
Phase 3: Phase 3 will consist of a large Plaza Green on the corner of Garden Ave N
and N 8th St that would be available for public use (Exhibit 28).
The proposal orients the development towards the primary frontage at Garden Ave N. The
onsite open spaces, located between buildings, offers useful common amenities for
residents creating an interactive community experience within the development. Building B
includes an upper level courtyard/terrace to provide relief from the typical bulky attributes
that building of this size can exhibit and gives a sense of separation and breakdown of mass
at the street level. The interior courtyards include green areas to further beautify the site
from within.
The proposal also provides for sufficient private open space as required by City PUD
standards. PUD standards generally require that each residential unit in a planned urban
development shall have usable private open space (in addition to parking, storage space,
lobbies, and corridors) for the exclusive use of the occupants of that unit and that all upper
floor units include at least 60 square feet of such open space for each unit. The project
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PUD and Master Site Plan - 7
landscape plans, floor plans, perspectives, and exterior elevations (Exhibits 5, 7, 9, and 10)
identify private open space in the form of balconies in the individual units and private
patios for units in the upper level courtyards the would be accessed by a door with at least
fifty percent (50%) glazing. The Applicant is proposing to eliminate private
balconies/patios in the interior corner units to maximize the amount of natural light and
ventilation to courtyard units. Not all balcony dimensions would comply with the minimum
dimensions, however, they appear proportioned well to fit with the unit types and layouts
and integrate with the overall façade modulation of the buildings. The balcony/60 square
foot requirement is waived as part of the PUD process, with the waiver request as identified
in Finding of Fact No. 3.
In-lieu of private open space decks for each residential unit, a condition of approval
requires the Applicant to submit a revised floor plan with the Final Planned Urban
Development (FPUD) application that provides usable private open space for each
residential unit, such as individual climate-controlled storage closets totaling at least 60
square feet in size with no dimension less than five feet (5') for each unit (or equivalent
private open space) so long as the minimum area requirement is maintained.
E. Pedestrian Circulation. As proposed, the proposal provides for a safe, efficient and
attractive pedestrian circulation system that is clearly delineated and connects buildings and
open space.
The site plan submitted for the proposal (Exhibit 2) includes several pedestrian connections
from the public sidewalk along the street frontages to the interior pedestrian pathways
located throughout the development. The pathways are designed to allow for clear sight
lines and connect users to onsite plazas, pedestrian ‘paseos’, parking areas, and sidewalks.
The formal pathways connect the structures to public sidewalks along Garden Ave N and N
8th St and private sidewalks along the interior access roads. Together the combination of
surfaces, pathways, and walkways create a clear pedestrian circulation system within the
development and are sized appropriately for the anticipated number of users.
The proposed development would significantly improve the pedestrian connectivity of the
property by providing new street frontage ROW improvements along Garden Ave N and N
8th St that would include minimum 16-foot (16’) wide sidewalks on Garden Ave N and
minimum eight-foot (8’) wide sidewalks on N 8th St with continuous planting strips with
street trees or tree grates with street trees. The new sidewalks and locations of the buildings
along the public sidewalks (Phases 1 and 2) would create an active urban street frontage
that is designed to continue into the onsite public plaza space. The internal walkways would
provide pedestrian connections from the building entrances to these areas. To ensure the
large public plaza remains accessible for public use in perpetuity, a condition of approval
requires that the Applicant record a public access easement across the accessible areas of
the pedestrian oriented urban plaza at the southwest corner of the property.
F. Transportation. The proposal is served by adequate and appropriate transportation
infrastructure.
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PUD and Master Site Plan - 8
The proposed development fronts Garden Ave N and N 8th St, classified as minor arterial
streets. Four (4) access points are proposed to be provided to the arterials – two (2) on
Garden Ave N and two (2) on N 8th St. The Updated TIA report found that all proposed
controlled movements to and from the site – the signalized intersection at N 10th St, the
Garden Ave N driveway, and the east and west N 8th St driveways are expected to operate
at acceptable levels of LOC C or better in 2037 with minimal queueing. A site-to-site
connection would also be provided onsite, including a paved north/south 26-foot-wide two-
way interior access road along the east property line and a paved shared east/west interior
access road to the north of Building A.
Staff have determined that in general, the proposed driveways appear to be appropriately
spaced along the public streets to provide adequate site access and circulation to the
buildings and parking garages. The site is generally flat, there are no issues with steep
gradients at the street access points or within the interior of the site. The existing and
proposed driveway connections to both streets would not conflict with any driveway access
points from surrounding properties and no difficult turning patterns are anticipated. In
addition, the proposed development has sufficient/safe vehicular and emergency access
with interior access roads towards the north and east forming a loop around the buildings.
If all recommended access and circulation conditions of approval are followed, the proposal
would allow for safe and efficient circulation to and from the existing and proposed
driveway access points on Garden Ave N and N 8th St. To ensure coordinated design
between phases, a condition of approval requires that no additional driveway access points
be permitted on N 8th St prior to civil construction permit approval for Phase 3
improvements.
To establish conformance to the City’s level of service (congestion) standards, the
Applicant submitted a traffic impact analyses. (Exhibits 15 and 31). The site generated
traffic volumes were calculated using data from the Institute of Transportation Engineers
(ITE) Trip Generation Manual, 11th Edition (2021). The net new t rip generation associated
with the proposed project was calculated by subtracting the trip generation associated with
the existing use. The analysis shows the proposed 800 Garden project is expected to
generate 3,487 net new weekday daily trips (3,740 less existing trips). The traffic analyses
found 15 out of the 16 evaluated intersections would meet the applicable level of service
(LOS) standards during the weekday AM and PM peak hours in 2037 with or without the
proposed project with the exception of the Garden Ave N/N Southport Dr intersection
during the weekday PM peak hour in 2037. This intersection is anticipated to operate at
LOS F during the weekday PM peak hour in 2037. As a result, the Environmental Review
Committee (ERC) issued two (2) transportation mitigation measures designed to mitigate
the project impacts to the Garden Ave N/N Southport Dr intersection. Ex. 36.
The proposal has passed the City’s Traffic Concurrency Test per RMC 4-6-070D (Exhibit
23), which is based upon a test of the citywide Transportation Plan, consideration of growth
levels included in the LOS-tested Transportation Plan, site specific improvements, and
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PUD and Master Site Plan - 9
future payment of transportation impact fees. The transportation impact fee that is current at
the time of building permit issuance would be levied.
Transit service to and from The Landing is provided by King County Metro Transit. The
public transit stop from the RapidRide F line is at the intersection of N 10th St and Park
Ave N. The proposal would not alter current transit services.
G. Schools. The proposal provides for adequate and appropriate schools. It is anticipated that
the Renton School District can accommodate any additional students generated by this
proposal at the following schools: Hazelwood Elementary, Risdon Middle School, and
Renton High School (Exhibit 38). Any new students from the proposed development would
be bussed to their schools. The bus stop is located approximately 0.07 miles from the
project site at Garden Ave N and N 10th Pl. The proposed project includes the installation
of frontage improvements along Garden Ave N and N 8th St frontages, including
sidewalks. Students would cross Garden Ave N and walk north one street from N 10th St to
N 10th Pl using crosswalks and public sidewalks.
A School Impact Fee, based on new multi-family units, will be required to mitigate the
proposal’s potential impacts to the Renton School District. The school impact fee is
calculated and paid at time of building permit issuance.
H. Bicycle and Vehicle Parking. Staff has determined that the proposal complies with
applicable parking for vehicles and bicycles.
As outlined at pages 16-17 of the staff report, parking for the commercial space of the
proposal is required with a minimum of 122 spaces and a maximum of 244 spaces. Parking
for the residential units is required for a minimum of 1,179 spaces and maximum of 2,063
spaces. The Applicant proposes 1,613 stalls, which complies with the City’s parking
requirements.
RMC 4-4.080F8d only authorizes tandem parking for single-family detached dwelling units
and townhomes. The Applicant is requesting 20 tandem parking stalls per development
phase via the PUD process. That modification is approved by this Decision, since the
requested modification is limited to less than 4% of proposed parking spaces. A condition
of approval requires that the parking garages be limited to a maximum of 20 tandem
parking stalls per building, tandem parking shall conform to the tandem parking stall size
standards, and a restrictive covenant (or comparable device) shall be used to assign the
tandem parking spaces to the exclusive use of specific dwelling units. Enforcement of
tandem parking spaces shall be provided by the property manager as appropriate.
The proposal involves some long rows of parking, but the majority of the parking is located
within parking garages and the outdoor parking is hidden from view. Structured parking is
provided within the buildings on multiple levels. Buildings B and C would include two (2)
levels of garage parking. A third level of parking is included with Building A to provide
the required parking for the proposed retail/grocery-ready space. The parking areas and
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PUD and Master Site Plan - 10
parking structures are proposed to be set back from the property lines and screened from
view. All parking is screened from Garden Ave N by street-facing, pedestrian-oriented
uses.
The proposal also provides for adequate bicycle parking. Per RMC 4-4-080F.11.a bicycle
parking spaces are required to provide one-half (0.5) bicycle parking space per dwelling
unit. Commercial uses must provide bicycle parking spaces equal to ten percent (10%) of
the number of required off-street vehicle parking spaces. Acceptable parking examples
include bike lockers, bike check-in systems, in-building parking, and limited access fenced
areas with weather protection. The Applicant is proposing two (2) bicycle storage rooms
per building. Phase 1 would require 221 bike parking spaces (210 provided), Phase 2 would
require 193 bike parking spaces (228 provided), and Phase 3 would require 197 bike
parking spaces (222 provided). Phase 1 includes 2,350 square feet of bike storage on the
ground floor and 852 square feet of bike storage on the second floor of the garage. Phase 2
includes two (2) separate bike storage area with a combined area of 3,076 square feet
(1,880 sf + 1,196 sf = 3,076 sf). Phase 3 includes two (2) separate bike storage area with a
combined area of 3,076 square feet (1,950 sf + 1,227 sf = 3,177 sf). Additional bicycle
racks are proposed in the large corner plaza (Exhibit 5). The floor plans provide potential
layouts for secure bicycle racks within each bicycle storage room for up to 660 bicycles. In
total, the Applicant would be required to provide up to 611 bicycle parking spaces for the
combined uses of Phases 1-3 (Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 –
197 spaces).
Due to the large number of overall bicycles anticipated, a condition of approval requires
that the Applicant provide bike lounge amenity spaces in each building with secure bicycle
parking for up to 611 total bicycle parking spaces. Each phase must include the following
bicycle stall counts: Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 – 197 spaces.
Bicycle parking details shall be reviewed and approved by the Current Planning Project
Manager prior to building permit issuance.
I. Loading Areas/Storage/Garbage. The proposal is designed and served by required loading
and storage facilities. Storage and garbage enclosures will be located within the buildings.
A separate access to the loading and unloading area will be located off the shared north
interior access road to serve the retail / grocer within Building A. The loading area would
be screened from the public street through building design and a small plaza area with
moveable planters, seat wall, enhanced plaza paving, retail tenant furniture, receptable, and
a public art element. The size of the loading area, at the north end of Building A, is
anticipated to be sufficient in size and location to support the proposed retail / grocer. The
site plan provides for ample clear maneuvering area in front of each door (minimum
dimensions of 100’ x 35’-6”).
Based on the mixed use proposal for 1,179 multi-family residences and 48,761 square feet
of retail development, the Applicant is required to provide the following waste deposit and
collection areas: a minimum of 1,769 square feet for the residential recyclables deposit
areas and 3,537 square feet for residential refuse deposit areas (total residential 5,306 sf);
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PUD and Master Site Plan - 11
and a minimum of 244 square feet for the retail recyclables deposit areas and 488 square
feet for residential refuse deposit areas (total 732 sf of retail). Together the proposed uses
would require 6,038 square feet for refuse and recycling. The proposal includes 7,951
square feet of interior refuse and recycle areas within the structured parking garage (Phase 1
– 3,109 sf, Phase 2 – 2,421 sf, and Phase 3 – 2,421 sf) that would be accessed by tenants
and residents via stairwells or the elevators. More specifically, Phase 1 would include three
(3) separate refuse and recyclable collection rooms on the ground floor (Room 1 – 1,097 sf,
Room 2 – 1,193 sf, and Room 3 – 819 sf); Phase 2 would include two (2) separate refuse
and recyclable collection rooms on the ground floor (Room 1 – 1,636 sf and Room 2 – 785
sf); and Phase 3 would include two (2) separate refuse and recyclable collection rooms on
the ground floor (Room 1 – 1,636 sf and Room 2 – 785 sf).
J. Interior Views. Building orientation provides for adequate protection of interior views.
The buildings are oriented to have sufficient sun exposure on all sides due to the pedestrian
circulation and vehicle access requirements needed around the site. Vehicular entries are
situated away from the main pedestrian access points by locating them at the back of the
building. Given the location of the site, the best territorial views are towards the north
(Lake Washington) and the south (Mt. Rainier), and the best street views are towards the
west or Garden Ave N. View enhancements are created through upper level courtyards
resulting gathering spaces for residents.
K. Landscaping. As conditioned, the proposal will comply with the City’s landscaping
standards.
The City’s landscape regulations (RMC 4-4-070) require a 10-foot landscape strip along all
public street frontages. Minimum planting strip widths between the curb and sidewalk are
established according to the street development standards of RMC 4-6-060. The Applicant
submitted a Landscaping Plan with the land use application (Exhibit 5). The preliminary
landscape plan illustrates materials and vegetation that would be used to enhance the visual
character of the buildings, structured parking, and on-site amenities. The Applicant will be
required to submit Detailed Landscape Plans and Irrigation Plans with the civil construction
permit submittal that provides location, size, quantity, planting details, and other applicable
items as set forth in the RMC 4-8-120 submittal requirements. To ensure the future trees
within the street frontage landscape buffer adequately screen the lower-level parking garage
facing N 8th St in year 1, a condition of approval requires that the Applicant plant a mixture
of larger native evergreen trees, such as Western Red Cedar, Western Hemlock, and
Douglas fir no smaller than two-inch (2”) caliper within the street frontage landscape buffer
between the parking garage and the back of sidewalk on N 8th St.
The Applicant has requested a modification through the PUD process to reduce building
setbacks. As a result, no street frontage landscaping would be provided where buildings are
located within the required ten feet (10') of on-site street frontage landscaping. However,
the Applicant’s conceptual landscaping plan identifies ground level landscaping (where
buildings are not located), sidewalks, service road, plaza areas, fencing, seating, furniture,
bike racks, tree grates, planters, bioswale, modular wetland system, large rocks, receptables,
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and public art element throughout. In addition, the Applicant’s conceptual landscaping plan
identifies Level 3 and Level 4 landscaping with a terrace and courtyards, included with
amenities for plantings. All landscaping, especially the enhanced plaza area, would be used
to reduce the aesthetic impact of the proposed structures and interior access roads.
The Applicant is proposing to provide new street frontage ROW improvements along
Garden Ave N and N 8th St that would include street trees within the eight-foot (8’) wide
planting strips or within tree grates. Up to 17 well-branched deciduous canopy trees are
anticipated on Garden Ave N and N 8th St each.
The existing landscaping onsite includes trees, shrubs, and ground cover. All of the existing
vegetation onsite would be removed, as well as some of the trees along the public street
frontage at the proposed access driveways on Garden Ave N and N 8th St.
Underground sprinkler systems are required to be installed and maintained for all
landscaped areas. The sprinkler system must provide full water coverage of the planted
areas specified on the landscape plan. As a result, a condition of approval requires the
Applicant to provide detailed landscape plans and irrigation plans with the construction
permit application.
L. Lighting. As conditioned, the proposal will conform to the City’s lighting standards. A
formal lighting schematic design plan was not included with the application materials. The
submitted Landscape Plans (Exhibit 5), include a lighting intent table that wou ld seek to
provide safety and security lighting while meeting the standard codes and requirements.
The lighting of the overall development is anticipated to be consistent with the building
design and should consider pedestrian pathways, sidewalks, parking, and vehicular
movement throughout the site. Therefore, a condition of approval requires that the
Applicant submit a detailed lighting plan with the civil construction permit and building
permit applications that includes detail sheets of all light fixtures and their supports.
Fixtures and supports shall be vehicle and pedestrian-scaled and be consistent with the
design of the site and provide adequate footcandle illumination for vehicle and pedestrian
areas.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
Pertinent impacts are addressed individually as follows:
A. Critical Areas. The only critical areas found on-site by staff are seismic hazard areas.
The project has been adequately mitigated to comply with the City’s critical area
standards and is thus found to adequately mitigate against seismic hazards.
City of Renton (COR) maps has identified the site is within a High Seismic Hazard Area.
In addition, the site includes a piped stream – Johns Creek Piped Stream (Type: Ns - Non-
Fish Seasonal). As such, the Applicant submitted a Geotechnical Engineering Services
Study, prepared by GeoEngineers, Inc., dated March 10, 2022 (Exhibit 14). The
Applicant’s geotechnical engineer completed an evaluation of the site for seismic hazards
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including liquefaction, lateral spreading, and fault rupture and found that the site has a
potential for liquefaction with sandy and low plasticity silt alluvial deposits encountered
in explorations completed at the site. The cohesive soils encountered within the alluvium
soils may also experience loss of shear strength during seismic loading. Ground settlement
resulting from earthquake-induced liquefaction was estimated to be 2 to 10 inches. Based
on the presence of the compressible peat and organic silt layers within the upper alluvium,
as well as the presence of potentially liquefiable soils, GeoEngineers recommended that
the buildings be supported by augercast piles embedded in the lower alluvial deposits.
GeoEngineers, Inc. also recommended that their firm be retained to review the project
plans and specifications when complete to confirm that its design recommendations have
been implemented as intended. The GeoEngineer recommendations are imposed in the
DNS issued for the project. Ex. 36.
The project site is also crossed by Jones Creek. However, the stream is piped through the
project site. No stream buffers are required by the City’s critical area regulations for
piped streams.
B. Tree Retention. The proposal provides for adequate preservation of trees because it is
consistent with the City’s tree retention standards.
To establish compliance with the City’s tree retention standards, the Applicant submitted
an arborist report, Ex. 6. The report indicated the site contains 83 trees on the project site.
Pursuant to RMC 4-4-130H, tree retention standards in commercial zones require a
minimum of 30 percent (30%) of the site’s significant trees to be retained during and post
development. 20 of the 83 trees on site qualify as significant trees, thus requiring the
retention of six trees. The Applicant is not proposing to retain any of the site’s existing
trees to reasonably accommodate the proposed new buildings, structured parking,
driveways, plaza spaces, and to achieve compliance with minimum density requirements.
New tree planting would occur as part of the proposal along the street frontage, around
each proposed new building, and within the courtyards and terrace on the upper levels of
the new buildings. The proposed new trees would serve as a visual buffer for the proposed
structures and shade to users. Utilizing the tree replacement standards of the tree retention
ordinance, RMC 4-4-130HIeii. staff have determined that six replacement trees are
required for the six removed trees. The landscape plan calls for trees in excess of the six
(6) required replacement trees.
In addition to tree retention, the Applicant is also required to provide for tree credits at a
minimum rate of thirty (30) credits per net acre based on values for existing or new trees
as provided in RMC 4-4-130H.1.b.v. Based on the future 10.68-acre lot, the Applicant
would need a total of 320 tree credits (30 x 10.68 = 320) to reach the required 30 credits
per net acre. The required replacement trees would not contribute to the total tree credits
the site is required to contain. Due to the conceptual nature of the submitted landscape
plan, a condition of approval requires that the Applicant satisfy the required replacement
tree requirements as part of Phase 1 and clearly indicate on the detailed landscape plan
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how each phase of the plan meets the 30% tree replacement requirement and the minimum
rate of 30 credits per net acre requirement. If onsite tree replacement and tree credit
requirements are not practical for the site as a whole, then tree fee in lieu payments may
be approved for those trees that cannot be accommodated onsite.
C. Compatibility. The mixed use proposed use is compatible with the mixed use surrounding
uses. To the west is a multi-family apartment complex along with The Landing shopping
center. To the east and south are warehouses and Paccar and to the north is Lowes.
Size, scale, mass, character and architectural design along the planned urban development
perimeter provide a suitable transition to surrounding development. The size and scale of
the proposed buildings are consistent with the abutting development at The Landing (zoned
UC-1 and UC-2) and the large scale heavy industrial zoned properties to the south and east.
The abutting streets and interior access roads surrounding the proposed buildings offer
suitable transition to existing development patterns. Building materials consist of
transparent glass, ceramic coated siding, fiber cement panels, flat metal panels, exposed
concrete, aluminum panel guardrails, metal awnings, metal sunshades, and perforated metal
screens. These materials are consistent with urban development and should not cause
excessive light or glare.
The large public plaza would create an aesthetically pleasing transition at the Garden Ave
N/8th St intersection across from the Target store to the west and perimeter landscaping is
provided to the east of the property, at BNSF Railway, to act as a partially sight obscuring
vegetation barrier between the east access road and the railroad tracts.
Together, all three (3) buildings share a cohesive exterior design strategy using exterior
materials, roof design features and architectural elements such as balconies, windows,
railings, and canopies. However, there is also significant variation in massing, accent
colors, building materials, and façade treatments to add variety along the street frontages.
The proposal is also internally compatible. According to the Applicant, the interior layout
at the ground level of the buildings is well integrated into the overall site design. Active
spaces with primary entries are located along Garden Ave N while parking is located
behind with garage entries from the interior access roads. Ground level amenity and lobby
spaces with transparent glazing are also located along the pedestrian zones between the
buildings to reduce the parking use at ground level and encourage indoor/outdoor
connections. The loading area in Phase 1 – Building A is screened from view from the
street frontage and is located behind the retail use with access from the onsite road to the
north. All solid waste storage and back of house service uses are located within the
buildings.
Building A (north façade) and Building C (south façade) would be setback from the
property lines to allow for ground level landscaping between the building and the roadways.
These landscaping areas along the building edge and planting strip and street trees in the
ROW are anticipated to soften the building perimeters and mitigate against the mass and
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PUD and Master Site Plan - 15
scale of the project. In addition, programmed landscaping is incorporated into the
pedestrian ‘paseos’, to provide equal or greater advantages to the structured parking uses
facing the interior spaces of the development. Finally, the Applicant is proposing perforated
metal screening as special detailing material for the openings in the parking garages to
further minimize the visibility of parking from the streets and pedestrian spaces for the
north and south façades of all buildings.
D. Privacy. The proposal provides for adequate privacy for on-site units and those off-site.
Residential units would be designed to building code standards for multi-family
construction and would face all directions. There are no residential units at grade which
eliminates any security or privacy concerns for residents. Residential units on the upper
levels have ample sun exposure and separation due to street frontage, access roads with
setbacks and pedestrian open space between the buildings. Elevated courtyard spaces, large
windows, and/or private exterior spaces would provide each unit with sufficient light and
air.
As shown in Exhibit 4, the proposal will also not encroach into the privacy of any adjo ining
residential uses, as no such uses are located adjacent to the project site or even across an
adjoining road. The nearest neighboring residential unis are located kitty corner in the N
10th/Garden Ave N intersection.
E. Views. According to the staff report, it is not anticipated that the new buildings would
result in substantially obscuring existing views of attractive natural features. The proposed
structures would not block view corridors to shorelines or Mt. Rainier. As shown in the Ex.
4 neighborhood detail map, there are no adjoining multi-story uses that would have views
to these natural features blocked by the proposed development.
F. Noise. The proposal will not create significant noise impacts. Existing noise within the
vicinity of the subject site is primarily composed of vehicles on adjacent streets (Garden
Ave N, N 8th St, N 10th St, N Southport Dr, Park Ave N, and I-405). Temporary
construction noise is anticipated. Based on the provided construction mitigation description
the Applicant has indicated that each building construction cycle is anticipated to occur in
two (2) year increments: Phase 1 – 2024-205, Phase 2 – 2029-2030, and Phase 3 – 2034-
2035. At this time, the Applicant has indicated that construction work would occur during
construction hours (Exhibit 25). Furthermore, the site is surrounded by industrial activity
and/or commercial development. Therefore, the incremental temporary noise impacts are
anticipated to be minimal and limited in duration.
The site layout arranges the buildings for retail visibility toward Garden Ave N, followed
by internal privacy and noise reduction between buildings. Once completed, the mixed-use
project would provide adequate privacy and noise reductions for the proposed retail and
residential uses.
6. Superiority in Design. Provided the recommended conditions of approval are met, the proposed
phase development would result in a superior design then what would be permitted by the strict
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PUD and Master Site Plan - 16
application of the Development Standards. The proposed redevelopment of the property would
provide multiple plaza areas and pedestrian ‘paseos’ with significant landscaping and street
furniture linking the development to Garden Ave N and other development in and around The
Landing. The integration of public plaza spaces, informal spaces and leisure spaces along the west
street frontage and between the building’s open spaces would offer a wide range of flexible
activities that would cater to varying scales of social gatherings throughout the day (Exhibit 40). In
addition, the project improvements would provide an enhanced pedestrian experience atypical to
standard interior access roads. The proposed open space and recreation areas would exceed the
space requirements and their locations – at-grade or interior would provide multiple entertainment
opportunities. The addition of a retail/grocery-ready space adds the missing component of the area.
7. Public Benefit. The proposal provides for numerous public benefits as outlined in Finding 26
of the staff report.
CONCLUSIONS OF LAW
Procedural:
1. Authority. RMC 4-8-080 classifies preliminary PUD applications and overall master site
plan applications as Type III permits that are subject to hearing examiner hearings and approval,
subject to appeal to the City Council.
Substantive:
2. Zoning/Comprehensive Plan Decisions. The project site is zoned Urban Center-2 (UC-2),
Urban Design District ‘C’ and has a comprehensive plan land use designation of Commercial &
Mixed Use (CMU).
3. Review Criteria. RMC 4-9-150 governs preliminary PUD review criteria and RMC 4-9-200€
governs master site plan review criteria. Applicable criteria are quoted below in italics and applied
through corresponding conclusions of law.
PRELIMINARY PUD
RMC 4-9-150(B)(2) and (3): Code Provisions That May Be Modified:
a. In approving a planned urban development, the City may modify any of the standards of chapter 4-
2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in
subsection B3 of this Section. All modifications shall be considered simultaneously as part of the
planned urban development.
b. An Applicant may request additional modifications from the requirements of this Title, except those
listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of
the planned urban development.
4. As shown in Finding of Fact No. 3, the requested revisions are limited to the regulations
authorized above, except for the private open space requirements of RMC 4-9-150(E)(2). However,
RMC 4-9-150(E)(2) itself provides that “[t]he minimum dimensional standards of this Section may
be modified through the planned urban development review process; provided, that the minimum
area requirement is maintained.” Since modifications to private open space are limited to
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dimensions and minimum required area is maintained, the private open space modifications are also
appropriately subject to modification in this PUD review.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a
proposed development is following the purposes of this Section and with the Comprehensive Plan,
that the proposed development will be superior to that which would r esult without a planned urban
development, and that the development will not be unduly detrimental to surrounding properties.
5. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A),
are to preserve and protect the natural features of the land and to encourage innovation and creativity
in development of residential uses. There are no natural features at the project site in need of
protection, except for steep slopes that as conditioned will be protected as required by the City’s
critical areas ordinance. More importantly, the proposal succeeds in innovative and creative design
for the reasons identified in Finding of Fact No. 6 and 7. As determined in Finding of Fact No. 5, the
proposal will not create any significant adverse impacts, so it will not be unduly detrimental to
surrounding properties.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development
will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable
effects of the proposed planned urban development, particularly those adverse and undesirable
impacts to surrounding properties, and that the proposed development will provide one or more of
the following benefits than would result from the development of the subject site without the proposed
planned urban development:
a. Protects critical areas that would not be protected otherwise to the same degree as without
a planned urban development; or
b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject
property, such as significant woodlands, native vegetation, topography, or noncritical area
wildlife habitats, not otherwise required by other City regulations; or
c. Public Facilities: Provides public facilities that could not be required by the City for
development of the subject property without a planned urban development.
d. Overall Design: Provides a planned urban development design that is superior to the
design that would result from development of the subject property without a planned urban
development. A superior design may include the following: ...
6. The proposal provides for public benefit for the elements quoted above as determined in
Finding of Fact No. 7.
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PUD and Master Site Plan - 18
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria:
a. Building and Site Design:
i. Perimeter: Size, scale, mass, character and architectural design along the planned urban
development perimeter provide a suitable transition to adjacent or abutting lower density/intensity
zones. Materials shall reduce the potential for light and glare.
7. The criterion is met for the reasons identified at Finding of Fact No. 5(C).
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria:
a. Building and Site Design:
…
ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be
related by coordinated materials and roof styles, but contrast should be provided throughout a site by
the use of varied materials, architectural detailing, building orientation or housing type; e.g., single
family, townhouses, flats, etc.
8. The criterion is met for the reasons identified in Finding of Fact No. 5(C).
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
b. Circulation:
i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have
sufficient pedestrian and vehicle access commensurate with the location, size and density of the
proposed development. All public and private streets shall accommodate emergency vehicle access
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PUD and Master Site Plan - 19
and the traffic demand created by the development as documented in a traffic and circulation report
approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas.
9. The proposal provides for adequate streets and pedestrian facilities as determined in Finding
of Fact No. 4E and 4F.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
b. Circulation:
…
ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited
driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep
gradients.
10. The proposal meets this requirement as determined in Finding of Fact No. 4E and 4F.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
b. Circulation:
…
iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public
walkways, schools, and commercial activities.
11. The proposal meets this requirement as determined in Finding of Fact No. 4E, 4F and 4G.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
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3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
b. Circulation:
…
iv. Provides safe, efficient access for emergency vehicles.
12. The proposal provides for safe and efficient access for emergency vehicles as determined in
Finding of Fact No. 4F.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
c. Infrastructure and Services: Provides utility services, emergency services, and other
improvements, existing and proposed, which are sufficient to serve the development.
13. As determined in Finding of Fact No. 4, the proposal is served by sufficient public
infrastructure and services to serve the development.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering,
separation of building groups, and with well-designed open space and landscaping, or a reduction in
amount of impervious surfaces not otherwise required.
14. The criterion is met for the reasons identified in Finding of Fact No. 4D and 5C.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
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…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external
privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual
and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks,
barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of
the property, the privacy of site occupants and surrounding properties, and for screening of storage,
mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a
height or location or screened to provide sufficient privacy. Sufficient light and air are provided to
each dwelling unit.
15. The criterion is met for the reasons identified in Finding of Fact No. 5D.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking
advantage of topography, building location and style.
16. The criterion is met for the reasons identified in Finding of Fact No. 4J.
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
following requirements are met.
…
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for
consistency with all of the following criteria
…
g. Parking Area Design: Provides parking areas that are complemented by landscaping and not
designed in long rows. The size of parking areas is minimized in comparison to typical designs, and
each area related to the group of buildings served. The design provides for efficient use of parking,
and shared parking facilities where appropriate.
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17. The criterion is met. As outlined in Finding of Fact No. 4H, the proposal does include some
long rows of parking, however a small minority of such parking is located out in the open. As further
identified in Finding of Fact No. 4H, the majority of parking is located within parking garages and
the parking located outdoors is hidden from view by buildings and landscaping. Given the design
features hiding the parking from public view, the criterion above requiring minimization of outdoor
parking areas is met.
RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the
development standards contained in subsection E of this Section, the underlying zone, and any
overlay districts; unless a modification for a specific development standard has been requested
pursuant to subsection B2 of this Section.
18. As discussed below, the proposal complies with all development standards imposed by RMC
4-9-150(E). The proposal is compliant with the standards of the underlying UC-2 zone for the
reasons identified in Finding of Fact No. 21 of the staff report and the requirements of the Design
District C for the reasons identified in Finding of Fact No. 22.
RMC 4-9-150(E)(1): b. Mixed Use – Residential Portions: Subsections E1bi to v of this Section
specify common open space standards for the residential portions of mixed use developments.
i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall
provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit.
The common space area shall be aggregated to provide usable area(s) for residents. The location,
layout, and proposed type of common space or recreation area shall be subject to approval by the
Hearing Examiner. The required common open space shall be satisfied with one or more of the
elements listed below. The Hearing Examiner may require more than one of the following elements
for developments having more than one hundred (100) units.
(a) Courtyards, plazas, or multipurpose open spaces;
(b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level
must feature views or amenities that are unique to the site and provided as an asset to the
development;
(c) Pedestrian corridors dedicated to passive recreation and separate from the public street system;
(d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise
areas, game rooms, or other similar facilities; or
(e) Children’s play spaces….
c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections
specify common open space requirements applicable to nonresidential portions of mixed use
developments or to single use commercial or industrial developments:
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i. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential
uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space according to
the following formula:
1% of the lot area + 1% of the building area = Minimum amount of pedestrian-oriented space….
19. The criterion is met. The code required minimum open space to be provided for 1,179 dwelling
units is 58,950 square feet (50 SF x 1,179 units = 58,950 SF). As outlined in Finding of Fact No. 4D,
the Applicant proposes 91,653 square feet of open space, with an excess of 32,703 square feet to
meet the open space requirements of the nonresidential portions of the proposal. The lot area of the
project at 11.5 acres is 500,940 square feet. The total building area of the project site is 1,870,583
square feet. 1% of the lot area plus total building area is 23,715 square feet, which is less than the
excess 32,703 square feet exceeding the open space allotted to the proposed residential use. The
allocation of open space as discussed in more detail in Finding of Fact No. 4D is found to comply
with the type of open space required by the criterion quoted above.
RMC 4-9-150(E)(2): Private Open Space: Each residential unit in a planned urban development
shall have usable private open space (in addition to parking, storage space, lobbies, and corridors)
for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or
detached, shall have private open space which is contiguous to the unit. The private open space sha ll
be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can
substitute for the required private open space). For dwelling units which are exclusively upper story
units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less
than five feet (5'). … The minimum dimensional standards of this Section may be modified through
the planned urban development review process; provided, that the minimum area requirement is
maintained.
20. The criterion is met for the reasons identified in Finding of Fact No. 4D.
RMC 4-9-150(E)(3): Installation and Maintenance of Common Open Space:
a. Installation: All common area and open space shall be landscaped in accordance with the
landscaping plan submitted by the Applicants and approved by the City; provided, that common open
space containing natural features worthy of preservation may be left unimproved. Prior to the
issuance of any occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the
date of final approval of the planned urban development, and maintained for a period of two (2)
years thereafter prior to the release of the security device. A security device for providing
maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable
landscaping firm licensed to do business in the City of Renton is executed and kept active for a two
(2) year period. A copy of such contract shall be kept on file with the Development Services Division.
b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070.
21. As Conditioned.
RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities:
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a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including
but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be
completed by the developer or, if deferred by the Planning/Building/Public Works
Administrator or his/her designee, assured through a security device to the City equal to the
provisions of RMC 4-9-060…
b.
22. Not applicable. No dedication of common facilities is proposed. All common facilities would
be required to be maintained by the property owner in accordance with RMC 4-9-150E.4.
Master Plan
RMC 4-9-200(E)(2). Level of Detail:
a. Master Plans: For master plan applications, the Administrator will evaluate
compliance with the review criteria at a level of detail appropriate for master plans.
Master plans will be evaluated for general compliance with the criteria and to ensure that
nothing in the master plan will preclude development of a site plan in full compliance with
the criteria.
b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail
and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3-
2012).
23. The criterion is met. As shown in application of the master plan criteria below, the level of
detail of master plan review is evaluated for general compliance to ensure that nothing in the master
plan will preclude development of a site plan in full compliance with the site plan criteria.
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.
24. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in
Finding No. 20 of the staff report. The proposal is consistent with the zoning code as outlined in
Finding No. 21 of the staff report. The proposal is located in Design District “C” and consistent with
Design District “C” development standards as outlined in Finding No. 22 of the staff report. Staff have
not identified any development agreement or planned action that applies 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.
25. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are
significantly adverse. Specifically, massing of structures is addressed by FOF No. 5(C), circulation
by FOF 4(E) and (F), loading and storage areas by FOF 4(I), views by FOF 5(E), landscaping by
FOF No. 4K and lighting by FOF 4(L).
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.
26. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly
adverse. Structure placement and scale is addressed in FOF No. 5(F). Extensive landscaping is
provided for the project as described in FOF No. 4(K) and this landscaping will serve to provide
shade and privacy and generally improve upon aesthetics as required by the criterion quoted above.
The project provides for adequate vegetative retention by complying with the City’s tree retention
standards as addressed in FOF No. 5(B). Beyond tree retention, there are no other natural features in
need of protection at the project site, since there are no critical areas located at the project site as
determined in FOF No. 5(A).
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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.
27. The criterion is met. Site access is well consolidated as outlined in FOF No. 4F. Given the large
scale of the proposal and its very limited access to minor arterials, the proposal is found to comply
with the access requirements in the criterion quoted above. The proposal provides for safe and
efficient internal vehicle and pedestrian circulation and connections for the reasons identified in FOF
No. 4E and F. Loading and delivery are separated as required above as identified in FOF No. 4I.
The proposal provides for adequate bicycle amenities as determined in FOF No. 4H. The proposal is
adequately served by transit as described in FOF No. 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.
28. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in
FOF 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.
29. The criterion is met. The proposal does not block any view or physical corridors to Mr.
Rainier or shorelines as determined in FOF No. 5(E).
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
30. The criterion is met. As determined in Finding of Fact No. 5(A), there are no natural systems
at the project site – the project site has no critical areas and almost the entire site is currently paved.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
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31. 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.
32. The criterion is met. As conditioned, the proposal will follow a detailed sequencing plan for
phased construction as identified in Finding of Fact No. 3 and required by the criterion quoted
above.
DECISION
The proposed preliminary PUD and master plan applications as depicted in the admitted exhibits are
APPROVED subject to the following conditions of approval:
1. The Applicant shall comply with the mitigation measures issued as part of the Determination of
Non-Significance - Mitigated, dated April 18, 2023:
a. The project construction shall comply with the recommendations found in the submitted
Geotechnical Engineering Services Study, prepared by GeoEngineers, Inc., dated March 10,
2022 and any future addenda.
b. The Applicant’s geotechnical engineer shall review the project’s construction and building
permit plans to verify compliance with the geotechnical report(s). The geotechnical engineer
shall submit a sealed letter or memo stating that he/she has reviewed the construction and
building permit plans and in their opinion the plans and specifications meet the intent of the
report(s).
c. The Applicant shall submit a Monitoring & Inadvertent Discoveries Plan prepared by a
qualified professional with the civil construction permit for review and approval by the Current
Planning Project Manager prior to permit issuance. Consultation with concerned Tribes shall
occur prior to any archaeological work or monitoring.
d. The Applicant shall fully fund the Adaptive Signal Control Technology (ASCT) Split Cycle
Offset Optimization Technique (SCOOT) at the Garden Ave N/N Southport Dr intersection. In
addition, the Applicant shall submit an updated Traffic Impact Analysis with each phase to
determine the point at which the Garden Ave N/N Southport Dr intersection would operate at
LOS F during the PM peak hour, and when to install, configure, and operate the SCOOT
system.
e. The Applicant shall prepare final Transportation Management Plans that include project
specific elements for Phases 1-3. Each Transportation Management Plan, one for each phase of
the development, shall be submitted to and approved by the Current Planning Project Manager
prior to building permit issuance.
2. The Applicant shall demonstrate compliance with all airport -related height and use restrictions
prior to construction/building permit approval or receive approval from the Federal Aviation
Administration (FAA) to exceed Part 77 Horizontal Surface Height Limits.
3. The Applicant shall plant a mixture of larger native evergreen trees, such as Western Red
Cedar, Western Hemlock, and Douglas fir no smaller than two-inch (2”) caliper within the
street frontage landscape buffer between the parking garage and the back of sidewalk on N 8th
St. The larger stature tree species shall be included on the detailed landscaping plans to be
submitted with the civil construction permit application. The tree species and spacing shall be
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reviewed and approved by the Current Planning Project Manager prior to civil construction
permit issuance.
4. The Applicant shall be required to provide detailed landscape plans and irrigation plans with
the construction permit application. The detailed landscape plans and irrigation plans shall be
provided to, and approved by, the Current Planning Project Manager prior to construction
permit issuance.
5. The Applicant shall clearly indicate on the detailed landscape plan how the plan meets the 30%
tree replacement requirement and the minimum rate of 30 credits per net acre requirement. If
onsite tree replacement and tree credit requirements are not practical, then tree fee in lieu
payments may be approved for those trees that cannot be accommodated onsite. The detailed
landscape plans shall be reviewed and approved by the Current Planning Project Manager prior
to civil construction permit approval.
6. The Applicant shall provide a materials board and a rooftop equipment exhibit with the
elevation plans associated with the building permit application to further identify the screening
detail for any rooftop equipment. The exhibit shall provide cross section details and identify
proposed rooftop screening that is integral and complementary to the architecture of the
buildings. The materials board and rooftop equipment exhibit shall be provided to, and
approved by, the Current Planning Project Manager prior to building permit approval.
7. The Applicant shall provide a special utility and landscape plan set with the construction permit
showing the location of all ground mounted utility boxes and identify how they would be
screened from public view. In addition, the Applicant shall work with franchise utilities to
ensure, as practical, utility boxes are located out of public right-of-way view, outdoor plaza
areas, and primary entry areas, and they shall not displace required landscaping areas. The
special utility and landscape plan set shall be provided to, and approved by, the Current
Planning Project Manager prior to construction permit approval.
8. Parking garages be limited to a maximum of 20 tandem parking stalls per building, tandem
parking shall conform to the tandem parking stall size standards, and a restrictive covenant (or
comparable device) shall be used to assign the tandem parking spaces to the exclusive use of
specific dwelling units. Enforcement of tandem parking spaces shall be provided by the
property owner or property manager as appropriate.
9. The Applicant shall provide a detailed refuse and recycling collection plan. The final detailed
plan shall also be provided to the City’s contracted refuse and recycling hauler (currently
Republic Services) with any correspondence to and from the hauler provided to the Current
Planning Project Manager.
10. The Applicant shall provide bike lounge amenity spaces in each building with secure bicycle
parking for up to 611 total bicycle parking spaces. Each phase shall include the following
bicycle stall counts: Phase 1 – 221 spaces, Phase 2 – 193 spaces, and Phase 3 – 197 spaces.
Bicycle parking details shall be reviewed and approved by the Current Planning Project
Manager prior to building permit issuance.
11. The Applicant shall include a fence specifications sheet in the detailed landscaping plans to be
submitted with the civil construction permit application. The quality and design of the fencing
materials shall be commensurate to the exterior materials of the buildings. All fences on the
detailed landscape plans shall be reviewed and approved by the Current Planning Project
Manager prior to civil construction permit approval.
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12. The Applicant shall submit a detailed entrance plan that includes specifications and a materials
board for pedestrian amenities that add to the pedestrian experience and the human scale
intended for the development. A revised detailed entrance plan and materials board shall be
submitted to, and approved by, the Current Planning Project Manager prior to construction
permit approval.
13. The Applicant shall provide at least one (1) visibly prominent architectural feature that offers
weather protection to each parking garage and loading dock entrance. The revised architectural
exterior elevations shall be submitted to, and approved by, the Current Planning Project
Manager prior to construction permit approval.
14. The Applicant shall provide a minimum of two (2) distinct exterior vertical gardens along the
south elevation of Building C on N 8th St. The Applicant shall submit a vertical garden wall
detail with the final landscape plan for review and approval by the Current Planning Project
Manager prior to issuance of the civil construction permit.
15. The Applicant shall submit detail sheets and quantities of all fixed outdoor site furniture and
amenities including, but not limited to, benches, group seating, refuse and recycling, pet relief
areas/disposal, movable platers, and outdoor recreation equipment. The detail sheets and
quantities shall be integrated into the detailed landscape plan submitted with the civil
construction permit to be reviewed and approved by the Current Planning Project Manager.
16. The Applicant shall submit revised east building elevations that include concrete wall
enhancements. The revised building elevations shall be submitted to, and approved by, the
Current Planning Project Manager prior to building permit issuance.
17. The Applicant shall submit an overall sign design package for review and approval by the
Current Planning Project Manager prior to the approval of any sign permit for the project.
18. The Applicant shall submit a detailed lighting plan with the civil construction permit and
building permit applications that includes detail sheets of all light fixtures and their supports.
Fixtures and supports shall be pedestrian-scaled and be consistent with the design of the site
and provide adequate footcandle illumination for vehicle and pedestrian areas. The detailed
lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to
permit issuance.
19. The Applicant shall provide building floor plans with details for ADA compliant bathrooms,
central pluming drain line, and a grease trap and a ventilation shaft for a commercial kitchen
hood/exhaust at the time of Building Permit review for review and appr oval by the Current
Planning Project Manager.
20. The Applicant shall construct the new retail driveway access from Garden Ave N as a living
street. At a minimum, the living street shall contain landscaping, pedestrian lighting, and
alternative paving materials on walkway and driving surfaces. The living street detail shall be
submitted to, and approved by, the Current Planning Project Manager prior to building permit
issuance.
21. No additional driveway access points shall be permitted on N 8th St prior to civil construction
permit approval for Phase 3 improvements.
22. The Applicant shall submit Final Planned Urban Development (FPUD) applications for each
project phase as follows: Phase 1 in 2024, Phase 2 in 2029, and Phase 3 in 2034.
23. The Applicant shall record a public access easement across the accessible areas of the
pedestrian oriented urban plaza at the southwest corner of the property. Draft easement
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documents shall be reviewed and approved by the Current Planning Project Manager prior to
temporary occupancy of Phase 3.
24. The Applicant shall submit a revised floor plan with the Final Planned Urban Development
(FPUD) application that provides usable private open space for each residential unit, such as
individual climate-controlled storage closets totaling at least 60 square feet in size with no
dimension less than five feet (5') for each unit (or equivalent private open space) so long as the
minimum area requirement is maintained. The revised detailed floor plan shall be submitted to,
and approved by, the Current Planning Project Manager prior to FPUD approval.
25. All common area and open space shall be landscaped in accordance with the landscaping plan
submitted by the Applicants and approved by the City; provided, that common open space
containing natural features worthy of preservation may be left unimproved. Prior to the
issuance of any occupancy permit, the developer shall furnish a security device to the City in
an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one
year of the date of final approval of the planned urban development, and maintained for a
period of two (2) years thereafter prior to the release of the security device. A security device
for providing maintenance of landscaping may be waived if a landscaping maintenance
contract with a reputable landscaping firm licensed to do business in the City of Renton is
executed and kept active for a two (2) year period. A copy of such contract shall be kept on file
with the Development Services Division.
DATED this 30th day of May, 2023.
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 applications
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.