HomeMy WebLinkAboutCedar River Station, Master Site Plan and Site PlanI
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c,._
BAR, I '12013
°V ry CL " a OFFICE
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Cedar River Station )
FINAL DECISION
Master Site Plan and Site Plan )
LUA12-000193, ECF, SA -M, SA -A )
Summary
The applicant has applied for master site plan approval and site plan approval for the development of
21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone.
All three applications are approved subject to conditions.
Testimony
Vanessa Dolbee, Renton Senior Planner, stated the project is a master site plan for Cedar River Station
combined with a site plan review. The site is located in the SE corner of the intersection of State Route
169 and 152nd St SE. The site is comprised of 2 empty parcels, totaling 3 acres and is zoned
commercial arterial with a land use designation of commercial corridor. The project has a development
agreement that vests the site to an older version of Renton code. The proposal is for three retail
buildings with 97 parking stalls. A gas station has been included in the master plan as a placeholder;
however, this use has not been reviewed for the site. The uses for the retail buildings have not been
identified, but possibilities include a coffee shop, a salon, an automobile shop, or a restaurant. Access
to the site would be via state route 169. The estimated quantities of grading are 2500 cubic yards of
cut and 2500 cubic yards of fill. There are no critical areas on the site. The site is currently covered in
grass vegetation. 23 trees along the frontage would be removed as part of the project to complete the
frontage improvements. On January 14, the environmental review committee issued a determination of
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non -significance mitigated with three mitigation measures. No appeals to this determination were filed
during the 14 -day appeal period. No public or agency comments were received for the project. The
proposal is consistent with comprehensive plan requirements and complies with the relevant code
conditions. Conditions include, but are not limited to, cross -walk material, compliance with street
frontage, building awning requirements, and a lighting plan. The applicant requested a modification to
a 15ft perimeter landscaping requirement along the south property line (exhibit 9). Staff approves of
this modification because it allows the buildings to move north and front along state route 169 which
improves the impacts on the residential development directly to the south of the site. The applicant is
proposing a 341.8 sq ft of refuse and recycling deposit area. The refuse facility would be enclosed and
have a metal roof. The three retail buildings result in a combined sq footage of 20,000 sq ft that
requires between 52 and 102 parking stalls. The applicant is proposing 97 stalls with 4 ADA stalls.
All parking stalls meet code standards except for a modification request. The request is to reduce the
drive -aisle -width from 24 to 23ft for the east -west aligned driveway. Staff recommends approval of
this modification because it complies with modification standards. Exhibit 15 is an example of
building elevations for building B, noting design impacts. Staff does not anticipate any adverse
impacts on surrounding uses. The single story buildings will not have an impact on light or air flow.
Some noise and odor impacts are expected, depending on the uses of the retail spaces. The project is
within the Cedar River Water and Sewage District Area. The applicant proposes a water retention
vault that will connect to existing water systems and will be located underneath the parking lot. Staff
recommends approval of the site plan subject to 10 conditions listed in the staff report. In regard to the
development agreement, Renton code does not refer to the development agreement and whether the
hearing examiner must determine consistency. In regard to the traffic study, traffic impact fees will be
assessed at the time of building permit application. The development agreement provides for some
credits for the applicant because they have built a traffic -light at the intersection of state route 169 and
152°a St.
Kayren Kittrick, Community and Economic Development, noted that the city will review the traffic
during the building permit phase based on retail.
Exhibits
During the hearing Exhibits 1-14 identified at page 2 of the February 19, 2013 staff report were
admitted into the record. In addition, the staffs power point was admitted as Ex. 15.
FINDINGS OF FACT
Procedural:
1. Applicant. Cedar River Station, LLC.
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2. Hearing. The Examiner held a hearing on the subject application on February 19, 2013 at
10:00 am in the City of Renton Council Chambers.
3. Project Description. The applicant is requesting Master Site Plan, Site Plan Review, and a
Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking
stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet
and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B
may contain a fueling station in the future, however the fuel station is not a part of the subject
proposal. The development is subject to a Development Agreement Recording #20070307000134.
Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is
currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located
along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446
CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with
the application. The site is located in a seismic hazard area, no other critical areas are located on the
subject site.
Staff requests that the lot line adjustment be processed on a separate yet concurrent track with the
Master Plan and Site Plan. Completion of the lot line adjustment will be made a condition of
approval of this review.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer service will be provided by Cedar River
Water and Sewer District.
B. Fire. Fire services will be provided by the Renton Fire Department.
C. Drainage. A drainage report has been submitted by ESM Consulting Engineering with the
site plan application. A Level 1 analysis was done and the report addresses compliance
with 2009 King County Surface Water Manual and City of Renton Amendments to the
KCSWM, Chapters 1 and 2. All core and special requirements have been discussed in the
report. Based on the City's flow control map, this site falls within the Flow Control
Duration Standard, Forested Conditions. The engineer has provided calculations and noted
in the report, a combined detention and water quality vault will be constructed onsite
under the parking lot.
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D. Transportation. A traffic impact analysis was prepared for the project. See Ex. 22. It
concluded that the proposal would not lower level of service for any arterials that serve the
proposal and would generally not adversely affect the Renton road network.
Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of
way improvements are proposed along Maple Valley Highway and currently exist along
152nd Ave. SE. Both access points would operate with full turning movements. All
improvements along Maple Valley Highway (SR 169) would be required to comply with
Washington State Department of Transportation standards. The site plan provides
sufficient parking spaces and staking space for the drive through. The pedestrian
connection provided to the apartments to the south would provide a walkable connection
to retail services that are currently not provided today. Pedestrian connections are
provided along the entire frontage of the site and connected throughout the development
from each building though the parking lots and to the residential development to the south.
Staff have determined that adequate parking and sufficient vehicular and pedestrian
circulation for the proposed use has been provided if all conditions of approval are
complied with. All transportation conditions recommended by staff have been adopted
into this decision.
5. Adverse Impacts. There are no significant adverse impacts associated with the project. There
are no critical areas on site. Impacts are more specifically addressed as follows:
A. Aesthetics. Adjoining properties are protected from adverse aesthetic impacts by a
significant amount of landscaping along the project perimeter and within the parking area as detailed
at p. 8 and 9 of the staff report. Landscaping has been provided in all areas not occupied by buildings
or paving. This will serve as an aesthetic improvement over existing site vegetation, which is limited
to grass and weeds. The development agreement that applies to the proposal, Ex. 17, contains
detailed design standards that assure compatibility with surrounding residential and other uses. The
proposed one story structures would not be out of scale with the neighborhood, in fact they are
smaller in scale then many of the surrounding developments including the apartments to the south and
New Life Church to the east. The proposed retail buildings are located along the street frontages
away from the existing residential development located to the south and east. The three retail
buildings would have building lot coverage of 22.50 percent of the site, which is less than the
maximum permitted by code. Any impacts of the building scale would be mitigated by the proposed
landscaping along the street frontages and the modulations in the facades created by the various
fagade treatments.
The proposed refuse and recycling facility would be located approximately 55 feet from the south
property line. The applicant has provided screening details of this facility, which would include a 7
foot wall around three sides. However, the provided landscape plan identifies areas around the
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facility that could be landscaped with screening plants. The landscape plan does not indicate any
landscaping in these two landscape islands. As such, staff recommends and a condition is adopted
that screening landscaping be provided in the two landscape areas around the refuse and recycling
facility.
B. Lighting. According to code, parking lot lighting fixtures are to be non -glare and
mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent
properties. Staff does not anticipate that exterior lighting would become an issue due to the siting of
the building provided code requirements are met. A lighting plan was not submitted with site plan
application, therefore staff recommends and a condition is adopted that a lighting plan be submitted
with the building permit application for review and approval by the Development of Community &
Economic Development, Planning Division project manager.
E. Noise and Odor. The staff report notes that the proposal could create some noise and
odor. Chapter 8-7 RMC sets the legislative standard for noise impacts and will adequately regulation
noise when construction is completed. Although the staff report notes that restaurants could be built
upon the project site that generates odor impacts, there is nothing to suggest that these odor impacts
would be have any significant adverse impact on adjoining properties.
6. Surrounding Uses. Apartments and a mobile home park are located to the east and south. A
church is located to the west and park land and the Cedar River to the north.
Conclusions of Law
1. Authori r. RMC 4-9-200(D) requires hearing examiner review of master plan applications,
which are classified as Type III permits by RMC 4-8-080(G). RMC 4-8-080(G) classifies site plan
review as Type H. The two permit applications have been consolidated. RMC 4-8-080(C)(2)
requires consolidated permits to each be processed under "the highest -number procedure". The
master site plan has the highest numbered review procedures, so both permits must be processed as
Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the
authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the
City Council.
2. Zonin /g Comprehensive Plan Designations. tions. The subject property is zoned Commercial
Arterial (CA) and the comprehensive plan land use designation is Commercial Corridor.
3. Review Criteria. Master Site plan and Site Plan review standards are governed by RMC 4-9-
200(E)(3), with the only difference between the two that RMC 4-9-200(E)(1) requires that the criteria
for the master site plan be evaluated "at a level of detail appropriate for master plans" and that RMC
4-9-200(E)(2) requires that the criteria be "evaluated in detail" for site plan applications. All
applicable criteria are quoted below in italics and applied through corresponding conclusions of law.
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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.
4. The proposal is consistent with the comprehensive plan policies identified at page 6 and 7 of
the staff report, since the proposal provides for unified commercial infill development on two lots
along a major transportation corridor. The project is consistent with applicable zoning and design
standards as outlined at pages 7-16 of the staff report, the findings and conclusions of which are
adopted by this reference as if set forth in full, PROVIDED, however, that this decision does not
address any requested development regulation waivers or modifications. It is unclear from the staff
report whether the requested waivers and modifications have been consolidated into the applications
submitted to the hearing examiner and/or whether these applications have been part of the public
notice for the hearings on the applications, since the applications are not identified in the staff report
project summary. The conditions of approval will require that these modification requests be
separately processed at the administrative level.
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;
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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.
5. As determined in Finding of Fact No. 5(A), the structures are of a scale compatible with
surrounding uses and are not over -concentrated on the project site. As determined in Finding of
Fact 4(D), the proposal provides for desirable transitions and linkages between uses, streets,
walkways and adjacent properties. As determined in Finding of Fact 5(A), refuse areas will be
adequately screened from adjoining properties. Other loading and storage areas are addressed in the
conditions of approval. There is nothing in the record to suggest that the proposal will have any
impacts on views of attractive natural features. As discussed in Finding of Fact 5(A), a significant
amount of landscaping will be placed along the perimeter of the proposal and its parking areas,
which will buffer surrounding development and help to reduce noise and glare, maintain privacy and
improve the aesthetics of the proposal. As determined in Finding of Fact 5(B), lighting will not
adversely affect adjacent properties or streets.
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.
6. As determined in Finding of Fact No. 5(A), landscaping has been well designed to provide for
privacy and noise reduction. As further determined in Finding of Fact 5(A) the proposal has been
divided into three buildings that front SE Maple Valley Road, away from adjoining residential uses,
while providing for a walkable neighborhood retail center with a village feel. This spacing and
orientation, along with perimeter landscaping, provides for privacy and noise reduction. The
proposed setbacks of the buildings from adjoining streets, property lines and each other allows for
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the passage of light and air. As outlined in the findings of fact, the proposal provides for less
impervious surface than that authorized by applicable regulations. As noted in Finding of Fact No.
5(A), the site is currently flat and only vegetated with grasses and weeds such that the proposed and
required landscaping will be an improvement over existing vegetation. As previously discussed,
proposed and required landscaping will protect adjoining properties from aesthetic and privacy
impacts.
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.
7. The proposal will directly access both Maple Valley Highway and 152 Ave SE. It is unclear
whether either of these roads is classified as arterials. At any rate, site constraints would not make
any other road connections reasonably feasible. As discussed in the findings of fact, staff have
reviewed the proposed internal circulation system and pedestrian connections and have found them
to be adequate. Loading and bicycle facilities will be addressed in the conditions of approval.
There is nothing in the record to suggest that the proposal can be reasonably conditioned to
accommodate transit and carpools.
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.
8. Renton has no specific requirements for open space of commercial developments and there is
nothing in the record that supports any requirements for recreational use as required by
constitutional due process and takings law.
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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.
9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal.
RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
10. There are no natural systems at the site or that would be affected by the proposal.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
11. 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.
12. The project is not phased.
DECISION
As conditioned below, the site plan master site plan area approved.
1. The applicant shall comply with the 3 mitigation measures issued as part of the
Determination of Non -Significance Mitigated, dated January 14, 2013.
2. The Lot Line Adjustment and landscaping and parking modifications identified in the staff
report shall be approved and the Lot Line Adjustment finalized and recorded prior to
building permit issuance.
3. Internal cross walks shall be constructed of a different material than asphalt, such as
concrete. Materials shall be identified with the construction permit application. Final
approval of materials shall be reviewed by the Current Planning Project Manager prior to
construction permit issuance.
4. The developer of the subject retail building shall allow a future pedestrian connection to the
potential future gas station proposed on Lot B and agree to not contest the construction of
such a connection, at the time of gas station development. In addition the future gas station
developer shall be required to develop the connection across the property line onto Lot A, as
the identified appropriate location for safe and sufficient pedestrian circulation throughout
the site.
5. The applicant shall provide a final landscape plan for review and approval by the Current
Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping
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Along Street Frontages, included in Exhibit B of the Development Agreement prior to
construction permit issuance.
6. A final landscape plan shall be submitted which identifies compliance with the internal
parking lot landscaping standards, for review and approval by the Current Planning Project
Manager prior to construction permit issuance.
7. The north fayade of building C shall provide awnings, updated elevations shall be provide
with the building permit application for review and approval by the Current Planning Project
Manager prior to building permit issuance.
8. The applicant shall provide a materials board identifying the color and materials proposed
for both the paved areas as well as the building facades for review and approval by the
Current Planning Project Manager prior to construction permit issuance for the paved areas
and building permit issuance for the building facades.
9. Screening landscaping shall be provided in the two landscape areas around the refuse and
recycling facility. Screening landscaping shall be identified on the final landscape plan,
which shall be reviewed and approved by the Current Planning Project Manager prior to
construction permit issuance.
10. A lighting plan shall be submitted with the building permit application for review and
approval by the Current Planning Project Manager prior to building permit issuance.
11. Storage areas, utilities, rooftop equipment, and loading areas shall be located, designed and
screened to minimize views from surrounding properties.
12. Loading and delivery areas shall be separated from parking and pedestrian areas.
13. If not done so already, facilities shall be added to the proposal to accommodate bicycle parking
as determined reasonably necessary by staff.
DATED this 8th day of March, 2013.
�a
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th
floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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