HomeMy WebLinkAboutMiscDenis Law --, City oL --=Mayor-------~1 \ 2\ tl:t1JJJ
August 29, 2013 Department a/Community and Economic Development
CE"Chip"Vincent, Administrator
Barbara Nightingale, Regional Shoreline Planner
Northwest Regional Office
Washington Dept. of Ecology
3190-160th Ave: SE
Bellevue, WA 98008
SUBJECT; Shoreline Management Substantial Development Permit for
Ivar's Restaurant Outdoor Grill Expansion
Land Use Action #13-000888
DearMs. Nightingale:
Enclosed is the Shoreline.Substantial Development Permit for the above referenced
project. The permit was issued by the Cfty of Renton on August 29, 2013. A
Determination of Non-Significance was issued by the City's Environmental Review
Committee on August 26, 2013. The. appeal period will end September 13, 2013, no
appeals of the threshold determination have been filed as of the date of this letter.
We are filing this action with the Department of Ecology and the Attorney General per
WAC 173-14-090. Please review this permit and attachments and contact me at (425)
430.'6581 if you have any questions or need additional information:
Sincerely,.·
fo/1u6d-L-~
Elizabeth Higgins
Senior Planner
Enclosures: Permit for Sh~r_eline ManagerTlent {Evaluatio·n
· .and DeciSio_n) .
Master Application
Notice of Application
Projet:t Narrative
SEPA Checklist
Envir-onmental Review committee Report
SEPA Dftermination
SEPA Determination Advisory Notes
cc: Office of Attorney General (Permit only)
Rentdn City-Hall' • 1055 South qrady Way • Renton, Washington 98057 • re.ntonwa.gov
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
DATE OF PERMIT ISSUANCE:
PROJECT NUMBER.:
DATE RECEIVED
DATE OF PUBLIC NOTICE:
EVALUATION & DECISION
August 29, 2013
LUAB-000888, ECF, SM
July 8, 2013
July 23, 2013
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline
Substantial Development Permit. This action is proposed on the following application:
PROJECT NAME:
PROPERTY OWNER:
BUSINESS OWNER:
APPLICANT:
CONTACT:
PROJECT MANAGER:
PROJECT LOCATION:
Ivar's Restaurant Outdoor Grill Expansion
City of Renton
Ivar's Restaurants; Pier 54; Seattle WA 98104
Dave Fechter; Ivar's Restaurants; Pier 54; Seattle WA
98104
Gareth Roe/ Christine Phillips; BCRA; 2106 Pacific Ave.,
Suite 300; Tacoma WA 98402
Elizabeth Higgins, Senior Planner
Gene Coulon Washington Blvd N; Renton WA 98056
LEGAL DESCRIPTION: SITUATE IN THE SW QUARTER OF SECTIONS,
TOWNSHIP 23, RANGE 5, IN THE SITY OF RENTON, KING COUNTY, WASHINGTON.
WITHIN THE SHORELINES OF:
APPLICABLE MASTER PROGRAM:
Lake Washington
City of Renton
PROPOSAL DESCRIPTION: An application has been received requesting approval
of a Shoreline Substantial Development Permit that would allow expansion of an existing
business within 200 feet of a signifiant shoreline of the state (Lake Washington).
Environmental Review is required. The expansion would consist of the addition of an
approximately 220 square foot outdoor food grilling area to Ivar's Restaurant at Gene Coulon
City of Renton Department of Community & Economic Development
/vars Restaurant Outdoor Grill Expansion
Shoreline Management Permit
WA13-000888, ECF, SM
DATE OF PERMIT: August 27, 2013 Page 2 of 7
Memorial Beach Park. The property has the Comprehensive Plan designation of Residential
Low Density and is zoned Residential 1.
EXHIBITS:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Exhibit 8:
FINDINGS OF FACT:
Vicinity Map
Elevations ·
Floor Plan
Roof Eave Photograph
Restaurant Location
Shoreline Designations
Shoreline Jurisdiction and Ordinary High Water Mark
Having reviewed the written record in the matter, the City now enters the following:
1. Request: The project proponent has requested approval of a Shoreline Substantial
Development Permit.
2. Master Plan and Site Plan Review: Development within the Residential 1 (R-1, low
density residential) zone does not require Master Plan Review. Development within
the R-1 zone does not require Site Plan Review.
3. Application: The project proponent is Ivar's Restaurants.
4. Comprehensive Plan: The property has a Comprehensive Plan land use designation of
Residential Low Density (RLD). The proposed project furthers the objectives and
policies of the Resdiential Low Density Land Use Designation of the Land Use Element
of the Comprehensive Plan.
5. Zoning: Objectives and policies of the RLD designation are implemented by standards
and regulations of the Residential 1 Zone. The project, as proposed, meets or exceeds
the R-1 development standards and regulations.
6. Existing Land Uses: The project is an extension of an existing structure and will be used
for the same intended purpose.
7. Setbacks: Existing setbacks would be maintained.
8. Public Utilities: Existing utilities will be utilized, with insignificant impact to current
level of service.
City of Renton Department of Community & Economic Development
!vars Restaurant Outdoor Grill Expansion
Shoreline Management Permit
LUA13-000888, ECF, SM
DATE OF PERMIT· August 27, 2013 Page 3 of 7
The shoreline of Lake Washington is subject to the Shoreline Master Program regulations of
the City of Renton. The intent of the Shoreline Master Program is to ensure that activities
carried out within the shoreline jurisdiction result in no net loss of ecological function of the
regulated shoreline.
SHORELINE MASTER PROGRAM CRITERA:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The
site is located in the Shoreline High-Intensity Overlay District. The objective of the High
Intensity Overlay is to provide opportunities for large-scale office and commercial
employment centers as well as multi-family residential use and public services. This district
provides opportunities for water-dependent and water-oriented uses, while protecting
existing ecological functions and restoring ecological functions in areas that have been
previously degraded. Development may also provide for public use and/or community use,
especially access to and along the water's edge. The proposal is compliant with the
following applicable Shoreline policies:
Policy SH-2. Aesthetic considerations should be integrated with new development,
redevelopment of existing facilities, or for general enhancement of shoreline
areas and should include:
1. Identification and preservation of areas with seen ic vistas and areas
where the shoreline has high aesthetic value as seen from both
upland areas, areas across the water, and recreational and other uses
on the water.
2. Appropriate regulations and criteria should ensure that development
,I' provides designs that contribute to the aesthetic enjoyment of the
shoreline for a substantial number of people and provide the public
with the ability to reach, touch, and enjoy the water's edge and view
the water and shoreline.
3. Regulations and criteria for building siting, maximum height, setbacks,
screening, architectural controls, sign regulations, designation of view
corridors, and other provisions should ensure that development minimizes adverse
impacts on views of the water from public property or views enjoyed by a substantial
number of residences.
Policy SH-3. All shoreline policies, regulations, and development shall recognize and
protect private rights consistent with the public interest and, to the extent
feasible, shall be designed and constructed to protect the rights and privacy
,I' of adjacent property owners. Shoreline uses and activities should be
discouraged if they would cause significant noise or odor or unsafe
conditions that would impede the achievement of shoreline use preferences on the
site or on adjacent or abutting sites.
,I'
Policy SH-7. Existing and future activities on all Shorelines ofthe State regulated by
the City of Renton should be designed to ensure no net loss of ecological functions.
,I'
Policy SH-14. Shoreline use and development should be carried out in a manner
that prevents or mitigates adverse impacts so that the resulting ecological condition
City of Renton Department of Community & Economic Development
Ivar's Restaurant Outdoor Grill Expansion
Shoreline Management Permit
LUA13-000888, ECF, SM
DATE OF PERMIT· August 27, 2013 Page 4 of 7 ------
does not become worse than the current condition. This means ensuring no net loss
of ecological functions and processes in all development and use. Permitted uses
should be designed and conducted to minimize, in so far as practical, any resultant
damage to the ecology and environment (RCW 90.58.020). Shoreline ecological
functions that should be protected include, but are not limited to, fish and wildlife
habitat, food chain support, and water temperature maintenance. Shoreline
processes that shall be protected include, but are not limited to, water flow; littoral
drift; erosion and accretion; infiltration; ground water recharge and discharge;
sediment delivery, transport, and storage; large woody debris recruitment; organic
matter input; nutrient and pathogen removal; and stream channel formation/
maintenance.
Objective SH-E. Existing economic uses and activities on the shorelines should be
./ recognized and economic uses or activities that are water-oriented should be
encouraged and supported.
./
Policy SH-18. All economic activities on the shoreline shall provide for no net loss of
ecological functions during construction and operation.
./
Objective SH-F. Increase public accessibility to shorelines and preserve and improve
the natural amenities.
Policy SH-20. Public access should be provided consistent with the existing character
of the shoreline and consideration of opportunities and constraints for physical and
./ visual access, as well as consideration of ecological functions, as provided in Policy
SH-31 Table of Public Access Objectives by Reach (see below), and in conjunction
with the following policies:
Policy SH-21. Public access to and along the water's edge should be available
throughout publicly-owned shoreline areas although direct physical access to the
./ water's edge may be restricted to protect shoreline ecological values. Public access
shall be provided over all public aquatic lands leased for private activity, consistent
with compatibility with water-dependent uses. --
Policy SH-31 Table of Public Access Objectives by Reach
The following outlines the policy objectives for maintaining and improving public access
within the shoreline. Application of public access objectives should be considered along
with other objectives of the Shoreline Management Act, such as ecological restoration and
priority uses.
SHORELINE REACH LOCATION PUBLIC ACCESS OBJECTIVES
Public access is currently provided by a trail system
More through the park together with a variety of passive and
developed active recreational facilities, a boat launch, over-water
Lake Washington G
southerly facilities, and concession facilities. Public access is one
portion of element of park functions that should be continued and
Gene incorporated in future plans, as well as balanced with
Coulon goals for providing recreation and improving ecologic
Park functions.
City of Renton Department of Community & Economic Development
/vars Restaurant Outdoor Grill Expansion
DATE OF PERMIT" August 27, 2013,__ _______________ ~
Shoreline Management Permit
LUA13-000888, ECF, SM
Page 5 of 7
B. DEVELOPMENT STANDARDS: The subject site is classified as Shoreline High Intensity on
the City of Renton Shoreline Overlay Map. The following development standards are
applicable to the proposal:
1. No Net Loss Required: Shoreline use and development shall be carried out in a manner
that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and
processes in all development and use. Permitted uses are designed and conducted to
minimize, in so far as practical, any resultant damage to the ecology and environment (RCW
90.58.020). No adverse impact to ecological functions are anticipated from the project.
2. Use Compatibility and Aesthetic Effects:
a. General: Shoreline use and development activities shall be designed and operated to
allow the public's visual access to the water and shoreline and maintain shoreline scenic
and aesthetic qualities that are derived from natural features, such as shoreforms and
vegetative cover. Existing views would be maintained.
b. View Obstruction and Visual Quality: The following standards and criteria shall apply to
developments and uses within the jurisdiction of the Shoreline Master Program:
i. View Corridors Required: Where commercial, industrial, multiple use, multi-family
and/or multi-lot developments are proposed, primary structures shall provide for view
corridors between buildings where views of the shoreline are available from public right-of-
way or trails. Views landward of the existing restaurant to the Lake would be maintained
due to the limited height of the new equipment and surrounding structure.
ii. Maximum Building Height: Buildings shall be limited to a height of no more than thirty
five feet (35') above average finished grade level except at specific locations specified in
Table 4-3-090D7a, Shoreline Bulk Standards. The existing building height would be
maintained.
iii. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses:
All new or expanded commercial development adjacent to residential use and public parks
shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity
impacts such as noise, light and glare, and may address scale and aesthetic impacts.
Fencing or landscape areas may be required to provide a visual screen. Existing setbacks
would not be affected by the project.
iv. Lighting Requirements: Display and other exterior lighting shall be designed and
operated so as to prevent glare, to avoid illuminating nearby properties used for
noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling
spillover light include, but are not limited to, limits on the height of light structure, limits on
light levels of fixtures, light shields, and screening. Security lighting may be increased, but
would not adversely impact the on-site environment or off-site uses.
v. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall
City of Renton Department of Communi(y & Economic Development Shoreline Management Permit
/vars Restaurant Outdoor Grill Expansion lUA13-000888~ ECF~ SM
DATE OF PERMIT· August 27 2013 Page 6 of 7 ==---=-'---'-==:..:....c===-'--=---------------·-·-·------------'--'=~c..;
employ materials that limit reflected light. Light would not be reflected off the building
expansion.
vi. Integration and Screening of Mechanical Equipment: Building mechanical equipment
shall be incorporated into building architectural features, such as pitched roofs, to the
maximum extent feasible. Where mechanical equipment cannot be incorporated into
architectural features, a visual screen shall be provided consistent with building exterior
materials that obstructs views of such equipment. Mechanical equipment would be
screened or located indoors.
vii. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not
incorporated into buildings including fences, piers, poles, wires, lights, and other
freestanding structures shall be designed to minimize visual prominence. The site furniture
and railing would incorporate approved Park architectural styles and be unobtrusive.
viii. Other Design Standards: Any other design standards included in community plans or
regulations adopted by the City shall be incorporated. Design of the facility requires final
approval by the Department of Community Services.
c. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other
structures and activities shall be considered in the design plans and their impacts avoided
or mitigated. Disturbance by noise, night lighting, traffic, or other structures is not
anticipated.
d. Design Requirements: Architectural styles, exterior designs, landscaping patterns, and
other aspects of the overall design of a site shall be in conformance with urban design and
other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable
provisions of RMC Title IV, Development Regulations, as well as specific policies and
standards of the Shoreline Master Program. Park design standards shall be incorporated
into the final plans, as approved by the Department of Community Services.
e. Screening Required: The standards in RMC 4-4-095 concerning screening of mechanical
equipment and outdoor service and storage areas shall apply within shorelines with the
additional criteria that the provisions for bringing structures or sites into conformance shall
occur for minor alteration or renovation as provided in RMC 4-9-190. The project shall
comply with RMC 4-4-095 and RMC 4-9-190.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to
the following:
1. The issuance of a license under the Shoreline Management Act of 1971 shall not release
the applicant from compliance with federal, state, and other permit requirements.
2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management
Act of 1971 in the event the permittee fails to comply with any condition(s) hereof.
City of Renton Department of Community & Economic Development
Ivar's Restaurant Outdoor Grill Expans;on
DATE OF PERMIT: August 27, 2013
Shoreline Management Permit
WA13-000888, fCF, SM
Page 7 of 7
3. Construction permits shall not be issued until twenty-one {21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
C.E. "Chip" Vincent, CED Administrator
s{21 /2a,~
Date I
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the
Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21)
days of receipt of the final order and concurrently filing cop.ies of such request with the Washington
State Department of Ecology and the Attorney General's office as provided in section 18(1) of the
Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of
Renton Department of Community & Economic Development and the City Clerk's office.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be
reopened by the approval body. The approval body may modify his decision if material evidence not
readily discoverable prior to the original decision is found or if he finds there was misrepresentation of
fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend
the original decision, there will be no further extension of the appeal period. Any person wishing to take
further action must file a formal appeal within the 14-day appeal time frame.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW
90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a
permit has been granted pursuant to this Master Program must be commenced within two (2) years of
the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall
be necessary. However, the Planning Division may authorize a single extension for a period not to
exceed one year based on reasonable factors, if a request for extension has been filed with the Planning
Division before the expiration date, and notice of the proposed extension is given to parties of record
and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued,
and foundation inspections must be completed before the end of the two (2) year period.
cc: Ivar's Restuarants / Owner
Dave Fechter/Applicant
Gareth Roe/ Contact
Peter Renner/ Department of Community Services
City of Renton Off cal File
Ivar's Restaurant Vicinity Location
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EXHIBIT 6
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EXHIBIT 8
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