HomeMy WebLinkAboutFamily First Letter & Decision f,,'f Y OAs
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Denis Law Mayor
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City Clerk-Jason A.Seth,CMC
December 9, 2019
Meredith Everist
Baylis Architects
10701 Main Street, #110
Bellevue, WA 98004
Subject: Hearing Examiner's Findings of Fact, Conclusions of Law and Final Decision
RE: Family First Community Center- LUA-19-000212
Dear Ms. Everist:
Enclosed please find the Hearing Examiner's Findings of Fact, Conclusions of Law and Final
Decision dated December 6, 2019. Also, this document is immediately available on our
website:
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact);
"Decisions"; "Land Use Decision". The Decisions are filed by year and then
alphabetical order by project name.
I can be reached at (425) 430-6510 orjseth@rentonwa.gov. Thank you.
Sincerely,
5 ejU
ason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Clark Close,Senior Planner
Jennifer Henning, Planning Director
Vanessa Dolbee,Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record (32)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9 )
10 RE: Family First Community Center )
Site Plan, Conditional Use Permit, FINDINGS OF FACT, CONCLUSIONS
11 Height Variance, Street Waiver, ) OF LAW AND FINAL DECISION
12 Driveway Design Modification )
)
13 LUA19-000212, SA-A, CU-H, )
ECF, V-A, MOD )
14
15
Summary
16
17 The Applicant has requested Administrative Site Plan review, Hearing Examiner Conditional Use
Permit review, a Height Variance, a Street Waiver, a Driveway Design Modification and SEPA
18 Environmental Review to construct a community center at 16022 116th Avenue SE. The applications
are approved subject to conditions.
19
20 Testimony
City Staff
21
22 Clark Close, Renton Senior Planner, described the project. The COR maps were admitted into the
exhibits (Ex. 33). Google aerial maps were added as Ex. 34.The PowerPoint was added as Exhibit 35.
23 Cascade Elementary school is a 14.98-acre, rectangular parcel. There are two pipeline easements to
the north. The School District will provide a short plat application to create a 2.72-acre parcel for the
24 community center. The existing stormwater pond will be removed to accommodate the new
development. The stormwater facility will be replaced on site. The Applicant is proposing a
25 community center open to the general public. A visual barrier will be provided.
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
1
1
The Applicant is requesting a height variance to 33'3"which is beyond the 25' height max in the zone.
2 They also request a frontage improvement waiver and a driveway modification to allow for a 49' wide
driveway. These changes will improve existing traffic flow issues.
3
A neighborhood meeting was held on February 28,2019. Staff received one comment letter regarding
4
the high-pressure gas pipelines. The project will not affect the pipeline as the project is located south
5 of the pipeline easement. There was a single MDNS mitigation measure.No SEPA appeal was filed.
6 The proposal, as conditioned, is consistent with the Renton Comprehensive Plan and the applicable
municipal code. The Applicant requested a fee waiver for the fire impact fees. The Applicant received
7 a fee waiver for the non-profit rate.The Applicant will probably apply for a fee waiver of traffic impact
8 fees. The City is supportive of the requested waivers and modifications. Staff recommends approval
of the project with conditions.
9
In response to the examiner, Mr. Close stated the portions of the project subject to the height variance
10 include the gymnasium(33'3"),the west elevation at the front of the gallery(25').The examiner asked
what the unique circumstances were associated with the property, such as location,that might qualify
11 the property for a variance. Mr. Close stated this was a unique property for this use in this location
12 within the City.
13 Also, in response to the examiner, Mr. Close stated the gas lines were 680 feet from the building and
at least 250 feet from the nearest project improvements. The gas line provider had no issue with the
14 project.
15 Applicant
16 Russ Woodruff, City of Renton, is the Applicant's representative. The City is the Applicant. Several
17 project proponents and potential tenants provided testimony.
18 Kelly Beymer, Renton Administrator for Community Services, stated the site location is unique. As
part of the Benson Community Plan,the highest and best use for the community is a community center.
19 This site was the best suited to meet that goal. The City formed a partnership with the School District
20 and several others. There were a few other potential projects, but this project was the most feasible.
Other properties were contaminated or had other issues. This is one of only a few places the project
21 could be placed within the Benson community annexation area that would serve the desired
community.
22
Doug Baldwin stated this project has been several years in the making. The request for variances will
23 allow provision of a public service that is missing in this area.His foundation will provide recreational
24 uses. Others will provide health services and educational services to this specific, diverse community.
25 Meredith Everist, architect, highlighted some of the project details and building elevations. The
building is nestled between the school and the surrounding neighborhood with an entrance that is
26 setback 150 feet.The new building will be 33' high whereas the school is about 25'.They will remove
some dangerous trees, retain others and provide dense landscaping as a buffer for the neighborhood.
CONDITIONAL USE, SITE PLAN AND VARIANCE
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1
The landscaping will be sight obscuring. The access will be to the south and will not generally share
2 access with the school, though the gate could be opened. The school drop off/pick up areas will be
improved to move parent queuing to within the site. There will be 90 new parking spots, of these 20
3 are shared. The design is focused on sustainability and wellness and will be built to LEED Silver.
4 There will be a community garden. The building will be optimized for energy conservation.
5 Public Comment
6 Pat Spengler, Renton resident, stated her concerns regarding traffic impacts, the facility itself and the
neighborhood. She has no concerns for the facility and use, but is concerned about impacts to the
7 neighborhood, specifically with respect to traffic. She's concerned about a lot of public use since it's
8 open to the general public. She was concerned about construction traffic and hoped to restrict the
places the construction traffic could be routed. She is concerned about hills, traffic and the speed limit
9 for the surrounding roads. She also asked about the facility and if the services would be free of charge.
She was also interested in hearing about the hours of operation. Additionally, she wanted to know if
10 there would be a sound barrier between the construction site and the school. In the operational phase,
she is concerned about traffic and the potential need for a traffic light in the region. With respect to
11 signage, she would like to route potential visitors away from Puget Drive.
12 Warren Phillips, neighbor, has lived in the area for 46 years and has watched the changes in this
13 property.There used to be a lot of flooding at the south end. Once the holding pond was added, it fixed
the flooding. What will be done to ensure the flooding issues does not return? He applauds the social
14 implications of the project, but he is concerned about privacy. Construction will be at grade with the
school. His house is about 4 feet lower than the property line. He lives on the west/southwest side of
15 the project site. He is concerned about both flooding and privacy. Mr. Close stated the building is set
16 back from 116th by a significant amount of landscaping and beyond the face of the existing school. In
response to the examiner, Mr. Close discussed the large amount of existing landscaping on site. There
17 should be no line of sight but there could be because of the elevation. He was also concerned about
the lighting. He requested the lighting be reduced at night through a sensor. Mr. Phillips is also
18 concerned about parking on the street.
19 Staff Response
20 Mr. Close addressed the planning concerns.The building is set back 165 feet from 116th Street behind
21 the elementary school building. It will be 66.5 feet from the southern property line. The building is
one story, but the extra roof height is needed for the basketball court. No windows should look into
22 the neighboring properties. There will be perimeter landscaping and a community garden between the
building and neighboring properties. With respect to lighting, staff recommends Condition of
23 Approval#4 which will require a full lighting plan prior to approval. Light spillage will be eliminated
24 through cut off fixtures. Lights will be on all night in the parking lot and along the building but should
not be intrusive to the neighbors.
25 Brianne Bannwarth, Development Engineering Supervisor for City of Renton, discussed the traffic
issues. A traffic control plan is required in residential areas.No traffic may enter the site prior to 8:30
26 am or, in this case, after the school traffic has ceased in the morning. The construction traffic will also
be prohibited during the pickup period after school. The City does not currently have a haul route for
CONDITIONAL USE, SITE PLAN AND VARIANCE
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construction traffic in this area. The closest haul route is SR 167. Trucks can use the main arterials
2 which includes 116th, Petrovitsky and Puget Drive. They are concerned about traffic on Petrovitsky
if the traffic is not allowed to use Puget Drive.The truck hours on the road would be during the school
3 day but not during pick up or drop off of kids. Construction workers can come before and after that.
There are no other limits on truck traffic other than the traffic control plan for stopping vehicles in the
4
area.
5
Ms. Bannwarth also spoke to the proposed storm water system. The existing bioswale will be
6 removed.The replacement will be a modular wetland system to treat stormwater.All new and replaced
impervious area will be treated for detention and quality in accordance with the 2017 City of Renton
7 stormwater requirements. Stormwater conditions should improve over the existing conditions because
8 current standards are stricter. The project may not exacerbate stormwater issues. Water will be
collected in the parking lot and routed off site. The project will not create, and should improve,
9 flooding issues if any remain.
10 Mr. Close stated haul hours are 8:30 am to 3:30 pm. The traffic plan will also prohibit hauling during
pick up and drop off of students.
11 With respect to signage, the City has an outreach sign posted on site. No signage permits have been
12 applied for to date. A sign permit will be required.
13 Vanessa Dolbee, Current Planning Manager,stated the code allows electronic signs in this area for this
use. It will be required to meet all applicable codes. In response to the examiner, Ms. Dolbee stated
14 they will look at lighting from a traffic and safety standard.
15 Mr. Close stated the Applicant had not provided a noise barrier between the construction and the
16 school.No noise barrier is required.
17 Applicant Response
18 Thomas Trompeter stated the services will not be free but will be on a sliding scale based on income.
19 Doug Baldwin stated the facility will be open to residents from outside the area, but the focus will be
20 on providing services to the immediate community. In response to the examiner, Mr. Baldwin stated
the neighbors should see only people walking in from the parking lot except for the people using the
21 community services. There will be recreational, health and educational services offered inside the
building. Mr. Baldwin stated the maximum number of users at any given time will be about 50 people,
22 though it will generally be fewer.
23 Ms. Beymer stated there will be no regional signage to attempt to attract people from outside the
24 existing area. The targeted demographic is local.
Mr. Matt Feldmeyer, Facilities Project Manager from the School District stated they are working to
25 not impede the education of the school through sound and visual issues. There will be a visual barrier
to keep from distracting students. A sound barrier is infeasible, but a sight obscuring fence will be
26 provided. Parking will not be negatively impacted.
CONDITIONAL USE, SITE PLAN AND VARIANCE
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1
Russ Woodruff stated given the terms of the code for truck deliveries,there are no anticipated impacts.
2 The most truck traffic will be concrete trucks during the foundation pour. The other trucks will be
coordinated to minimize impact on traffic.
3
Ms. Beymer stated the lighting will be downlighted into the parking lot, similar to the existing lighting
4
at the school. Street parking should be improved over the existing conditions. Queuing for drop off
5 and pick up is very significant now.
6 Mike Reed from TENW stated the parent drop off and pick up are inter-related with parking demand.
They are very cognizant of the issue. The shared 30 stalls will be dedicated to the school during the
7 school day to improve the drop off/pick up queues. Queues are currently on 116th. The new
8 configuration will have all of that queuing off the road and on-site. Access to the site is from the
southern driveway. For parking demand, they looked at a worst-case scenario during potential peak
9 use for all the tenants concurrently. The proposed parking will provide adequate parking in the worst-
case scenario.
10
Public Comment
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12 Pat Spengler reappeared and asked if the street parking would still be available. Mr. Reed stated it
would. Ms. Spengler asked if street parking would be removed when the street is reconfigured later
13 for allow for bicycle lanes.Ms. Bannwarth stated the realignment of the road will eventually remove
parking on street, but that project is still in the conceptual phases. The project has not been designed
14 or funded. Ms. Spengler asked if there would be higher truck use during excavation of the site. Mr.
Woodruff stated it would all be coordinated during the hours set by the City. Ms. Bannwarth also
15 stated a streetlight at 116th and South Puget Drive is currently unwarranted.The project will not reduce
16 the current level of service which is at LOS A. She also mentioned a traffic control plan will be
required and will restrict the hours trucks can be operated.
17
Warren Phillips reappeared and asked if there would be seismic issues on the site. He's concerned the
18 equipment will vibrate his home. The Applicant stated they would not anticipate any vibration issues
as the slab will be on grade. In response to the examiner,the foundation stage will require underground
19 utilities and the slab, which could take up to six weeks.
20 Applicant Closing
21
Ms. Beymer stated the project will be a fantastic benefit to the local community with a unique
22 partnership.
23
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CONDITIONAL USE, SITE PLAN AND VARIANCE
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1
Exhibits
2
The November 19, 2019 Staff Report and its exhibits (2-32) were entered into the record at the
3 November 19, 2019 hearing. In addition, the following exhibits were admitted during the hearing.
4 Exhibit 33 COR Maps
5 Exhibit 34 Google Maps
Exhibit 35 Staff PowerPoint
6
7 FINDINGS OF FACT
8 Procedural:
9 1. Applicant. Russ Woodruff, City of Renton, 1055 S. Grady Way, Renton, WA 98057.
10
2. Hearing.The Examiner held a hearing on the subject applications on November 19,2019 in the
11 City of Renton Council Chambers.
12
Substantive:
13
3. Project Description. The subject site is located at 16022 116th Avenue SE (Parcel
14 #2823059034). The Applicant is requesting Administrative Site Plan Review, Hearing Examiner
15 Conditional Use Permit review, Height Variance, Street Waiver, Driveway Design Modification, and
Environmental (SEPA) Review to construct a community center. The existing site is currently
16 occupied by Cascade Elementary School and associated improvements. The proposed 21,110 square
foot one-story community center would be open to the general public and would offer services such
17 as after school programs and activities,health care offices with labs,counseling services,and childcare
for facility users. Access to the new facility would be provided via an existing driveway at the south
18
end of the property.Site improvements would also include 90 new onsite parking spaces and 29 shared
19 parking spaces with the school. COR Maps identified regulated slopes on the site. Construction is
expected to begin in May 2020 and end in July 2021.
20
The site totals 14.9-acres. It is located in the R-6 (Residential-6 du/ac)zoning classification.
21
22 COR maps indicate the presence of no critical areas on the project site though there are regulated
slopes of between 15%and 25%grade on site.There is a high-pressure gas line on the northern portion
23 of the site, but the proposed activity will not be near the gas line. No impacts from or to the gas line
are anticipated. The Applicant proposes to retain 12 of the 21 inventoried trees (Ex. 7-8).
24 Approximately 4,200 cubic yards of export material is proposed in order to prepare the site for the
community center improvements.
25
26 The Applicant has requested a height variance to allow the gymnasium portion of the building to have
enough clear height for a basketball court. The roof height would be 33'3". The height limit for the
CONDITIONAL USE, SITE PLAN AND VARIANCE
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zone is 25 feet.
2
The Applicant has requested a street waiver from RMC 4-6-060.F.2 in order to retain the existing
3 frontage improvements along 116th Ave SE (Exhibit 31). The maintained street section is consistent
with the surrounding neighborhood and would maintain pedestrian safety. Installation of frontage
4 improvements along 116th Ave SE would require the Applicant to remove existing sidewalks and
5 install a wider roadway by two and one-half feet(2 '/2'), a two-foot (2') wider planter strip along the
property frontage and reconstruct the sidewalk. The impacts of construction would have a negative
6 impact on other properties while retaining the existing improvements would not have a negative
impact on other properties. The waiver will be subject to the following conditions of approval:
7
8 The Applicant shall dedicate five and one-half feet(5 '/2')of right-of-way along 116th Ave
SE so that when the City does secure the funding for the frontage improvements,the right-
9 of-way is available to install improvements. Right-of-way dedication would be completed
with short plat recording.
10
•. The Applicant shall bring the existing ramps along the project frontage up to current ADA
11 standards. The ADA ramp improvements shall be included in the construction permit
12 application for the proposed project and shall be completed prior to building final
occupancy.
13
The Applicant has also requested a driveway design modification from RMC 4-4-080.I in order to
14 increase the maximum driveway width along 116th Ave SE (Exhibit 32). The modification includes
designating the existing southernmost driveway for community center access and revising the next
15 adjacent driveway to the north for two-way traffic plus a proposed Bus Only lane. Per RMC 4-4-
16 080(I)(3)(c) All Other Uses, limits the width of any driveway to not exceed thirty feet (30'). The
Applicant is requesting a driveway design modification to allow a 49-foot wide driveway to
17 accommodate expanding the parking area to create on-site student load/unload queuing area and create
a new access for a School Bus Only lane. This configuration consists of a 24-foot wide driveway for
18 two-way load/unload traffic, a 14-foot wide driveway for Bus Only access, and an approximately 11-
foot wide island that separates these two access points. The overall curb cut width would be
19 approximately 49-feet across. The engineered driveway revision is expected to improve access and
20 circulation.
21 The Traffic Impact Study prepared by TENW (Exhibit 21) recommended that the existing student
load/unload zone be maintained at its current location, but modified to mitigate the current student
22 load/unload procedure that results in over capacity queuing on 116th Ave SE. The school bus access
is currently the same access point as the student load/unload access resulting in increased traffic
23 conflicts and slowdowns.
24
The Renton Municipal Code takes into consideration the need for certain land uses to have larger
25 driveway widths and allows widths up to 50 feet wide for some Industrial and Commercial uses. The
proposal conforms to the purpose and intent of the code in that it would minimize the traffic impacts
26 of the existing student load/unload operations.
CONDITIONAL USE, SITE PLAN AND VARIANCE
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The proposed modification would meet the objectives and safety, function, appearance, and
2 maintainability intended by the code requirements provided the Applicant with all street waiver
conditions of approval.
3
The site is surrounded by a variety of uses. Surrounding properties are all zoned R-6 and share the
4
subject's Residential Medium Density (MD) Comprehensive Plan Land Use Designation. To the east
5 and west are single-family detached residential dwellings. To the north are high pressure natural gas
transmission pipelines operated by Williams — Northwest Pipeline and detached single family
6 dwellings. To the west are religious institutions and detached single family dwellings.
7 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
8 infrastructure and public services as follows:
9 A. Water and Sewer Service. The site is serviced by adequate water and sewer service. Water
and sewer are both provided by Soos Creek Water and Sewer District. The Renton Fire
10 Authority and the Renton Development Engineering staff indicate the water on site is
11 adequate for the proposed use.
12 B. Fire and Police. Police and Fire Prevention Staff indicate that sufficient resources exist to
13 furnish services to the proposed development. However,a condition of approval will require
the Applicant to provide Code required improvements and pay fire impact fees at the time
14 of building permit issuance. The project would be subject to a fire impact fee based on the
15 rate of $2.36 per square foot of leisure facilities space (unless waived by the Renton
Regional Fire Authority).This fee is paid at time of building permit issuance.The identified
16 fee reflects the 2019 applicable fee. All fees assessed would be based on the fee that is
17 current at the time of the permit application or issuance, as applicable to the permit type.
See also Advisory Notes (Exhibit 25).
18
19 C. Drainage. The proposal will not result in an increase to impervious surface on-site. At the
hearing, Warren Phillips stated in the past there has been flooding from this property and
20 was concerned about run off towards his property which is at a lower grade than the subject
21 property. Both the City reviewers and Applicant stated the proposal will not introduce or
exacerbate flooding issues. The Applicant submitted a Preliminary Drainage Plan and
22 Technical Information Report (TIR), prepared by Coughlin Porter Lundeen and dated
23 August 22, 2019 (Exhibit 11). Based on the City of Renton's flow control map,the site falls
within the Flow Control Duration Standard area matching Forested Site Conditions and is
24 within the Lower Cedar River Drainage Basin. The development is subject to Full Drainage
25 Review in accordance with the 2017 Renton Surface Water Design Manual(RSWDM).The
Applicant will be required to provide Enhanced Basic water quality treatment for this
26 project. A Construction Stormwater Permit from Department of Ecology is also required
because clearing and grading of the site exceeds one acre. In addition, a Stormwater
CONDITIONAL USE, SITE PLAN AND VARIANCE
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•
Pollution Prevention Plan (SWPPP) is required for this site. The development is subject to
2 a surface water system development charge (SDC) for stormwater. The 2019 SDC for
3 stormwater is $0.72 per square foot of new impervious surface area, but not less than
$1,800.00. This fee is payable prior to issuance of the construction permit.
4
5 D. Parks/Open Space. City development standards do not require any set-asides or mitigation
for parks and open space for non-residential development. However, the project will be
6 providing a community garden with raised planter beds. The new facility would be open to
the general public and would offer services such as after school programs and activities,
7 health care offices with labs, counseling services, childcare for facility users, community
8 garden and demonstration kitchen, lunchroom, locker rooms, gym, and fitness programs.
The Applicant is proposing to site the community garden near the southwest corner of the
9 building. The community garden would include raised planters that would be partially
10 screen with landscape plantings. The project plans include a concrete sidewalk around the
building for passive recreation by users of the site; however, the landscape plan lacks
11 seating areas for users.Therefore, a condition of approval requires that the Applicant install
12 a minimum of two (2) seating benches to enhance the usability of the open spaces.
13 E. Transportation. The site will be served by adequate transportation facilities. The site
14 provides vehicle and pedestrian access via an existing driveway at the south end of the
property off 116th Ave SE and ingress and egress improvements would be completed on
15 the next adjacent driveway to the north for two-way traffic plus a proposed Bus Only lane
16 for improved access and circulation. Onsite improvements would also include a six-foot
(6')wide sidewalk from 116th Ave SE to the proposed building. In addition,onsite sidewalk
17 improvement would be completed around the facility and to the elementary school to
18 provide safe walking routes between the two (2) onsite uses. A Traffic Impact Study,
prepared by TENW, dated May 29, 2019 (Exhibit 21), was submitted with the project
19 application. The submitted report indicated that at full build-out the proposed development
20 would generate 669 average daily trips (ADT) with 46 AM peak-hour vehicular trips (32
entering and 14 exiting) and 54 PM peak-hour vehicular trips (23 entering and 31 exiting).
21 The Applicant is proposing driveway improvements, revised circulation patterns and
22 parking regulations to improve the school traffic and account for the new community center.
23 The Applicant is proposing access and circulation improvements to promote safety and
24 efficiency of the internal circulation system by making improvements to the southernmost
driveways. Per the Traffic Impact Study, prepared by TENW (Exhibit 21), several
25 recommendations related to the arrival and dismissal periods to help with circulation
26 including: 1) restricting parent's drop-off/pick-up operations on-site within the existing
southern parking lots, 2) reconfiguring the parking lot to provide more perpendicular
CONDITIONAL USE, SITE PLAN AND VARIANCE
9
1
parking and a "by-pass" lane to accommodate peak dismissal periods, and 3) consolidate
2 the central drive providing a more elongated on-site queuing area. The frontage
3 improvement design and construction are expected to improve parent drop-off/pick-up
operations and bus access and circulation for Cascade Elementary School. The site plan
4 includes internal drive aisles for improved access to designated parking spaces and
5 circulation to and from the buildings.
6 Per TENW observations,the current student pick-up/drop off results in a queuing area back
up on 116th AVE SE.The proposed mitigation includes modifying the vehicle access north
7 of the community center parking access and creating a parking and queuing area on-site for
8 student pick-up/drop off. Adjacent to this proposed access is a proposed Bus Only access
lane.
9
10 Vehicular traffic accessing the community center during student pick-up/drop off times of
the day would be restricted from accessing the school parking by a gate closure system. Per
11 the TIA, the proposed development would generate approximately 669 average daily trips
12 (ADT)with 46 AM peak-hour vehicular trips (32 entering and 14 exiting) and 54 PM peak-
hour vehicular trips (23 entering and 31 exiting). Published average trip rates compiled by
13 the Institute of Transportation Engineers(ITE)in the Trip Generation Manual, 10th Edition,
14 2017, were applied. See also FOF 21, Site Plan Review: Transportation.
15 Pat Spengler testified she was concerned about traffic issues in the area. Brianne
16 Bannwarth, the Development Engineering Supervisor for City of Renton, testified a
traffic control plan is required in residential areas.No traffic may enter the site prior to 8:30
17 am or,in this case,after the school traffic has ceased in the morning.The construction traffic
18 will also be prohibited during the pickup period after school. The City does not currently
have a haul route for construction traffic in this area. The truck hours on the road would be
19 during the school day but not during pick up or drop off of kids from the school.
20 Construction workers can come before and after that. There are no other limits on truck
traffic other than the traffic control plan for stopping vehicles in the area. Ms. Bannwarth
21 also stated a streetlight at 116th and South Puget Drive is currently unwarranted.The project
22 will not reduce the current level of service (LOS) which is at LOS A.
23 The Applicant is requesting a waiver from street frontage improvements along 116th Ave
24 SE. The City of Renton's 2018-2023 Capital Improvement Program identifies planned
transportation improvements for 116th Ave SE roadway (Puget Drive SE to Southern City
25 Limits) — widen roadway from two (2) lanes to three (3) lanes with bicycle lanes along
26 116th Ave SE, including new pavement, curb, gutter, sidewalk, street lights,traffic signals,
storm drainage, channelization and landscaping. Phase 1 improvements from SE
CONDITIONAL USE, SITE PLAN AND VARIANCE
10
1 Petrovitsky Rd to SE 168th St(south of the project site) are programmed for 2019 to 2023.
2 Future phases would be developed for scoping, cost and schedule by City of Renton staff.
3 Future improvements would enhance vehicular, bicycle and pedestrian safety along this
north-south transportation corridor.
4
5 The proposal has passed the City's Traffic Concurrency Test per RMC 4-6-070.D (Exhibit
22),which is based upon a test of the citywide Transportation Plan,consideration of growth
6 levels included in the LOS-tested Transportation Plan, and payment of applicable
Transportation Impact Fees. The proposed project would be responsible for the payment of
7 applicable Transportation Impact Fees at the time of Building Permit issuance (unless the
8 fee is waived or reduced by Renton City Council).
9 F. Parking. Adequate parking will be provided. The proposed project would add 90 new
10 parking spaces. Two (2) additional stalls would be added to a portion of the school parking
that would be reconfigured with the proposed project. The area to be reconfigured currently
11 has 27 existing stalls. As a result of the work,the reconfigured lot would have a total of 29
12 stalls. For the community center use, a total of 119 parking stalls are proposed, 90 on-site
plus 29 shared with the school.
13
14 With respect to parking requirements, there is currently no specific land use identified in
the Renton City Code that fits the intended uses of the proposed development. The
15 Applicant submitted a parking demand analysis with the Family First Community Center
16 Traffic Impact Study (Exhibit 21). The parking impact analysis was conducted to evaluate
the supply/demand generated by the proposed project. To determine parking demand, the
17 Applicant's traffic engineer employed the Institute of Transportation Engineers Parking
18 Generation, Fifth Edition, 2019. Based upon Recreational Community Center and Clinic,
direct application of published rates estimated the peak development parking demand at a
19 total of 92 parking stalls.Therefore,the Applicant is able to meet the parking demand of 92
20 stalls with a parking supply of 119 new and shared off-street parking stalls dedicated to the
project.
21
22 The shared parking spaces and contained parent drop-off/pick-up area would be maintained
at its current location but contained to avoid conflict with the primary access for the
23 proposed community center. During non-peak school periods, the driveway restrictions
24 from the southern parking lot could be removed/opened by the School District and/or the
Family First Community Center. As needed, the school would be able to utilize the shared
25 parking or community center parking lot.
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
11
1 The Applicant's parking demand study, included in the Traffic Impact Study, indicated that
2 the 90 new onsite parking spaces, combined with the 29 shared parking spaces with the
3 school in front of the proposed community center would comply with the peak development
parking demand and no parking spillover is anticipated. Based on the provided parking
4 analysis, staff has determined the 90 new onsite parking spaces and the 29-shared parking
5 spaced with Cascade Elementary School would be sufficient to meet the parking demand
for this site and therefore the project is compliant with the parking regulations.
6
G. Landscaping. As conditioned, the proposal will meet the City's landscaping requirements.
7 The Applicant submitted a conceptual landscape plans (Exhibit 6)and paving plan(Exhibit
8 12)with the project application.The landscape plan includes a planting plan which contains
several different tree and shrub species. In addition, the Applicant has proposed raised
9 planter beds for a community garden near the building entrance. Perimeter parking lot
10 landscaping and interior parking lot landscaping are shown on the landscape plans and are
consistent with RMC 4-4-070.
11
12 Along the south property line, existing single-family residential development abuts the
project site. The Applicant has proposed to provide a 10-foot on-site fully sight-obscuring
13 landscape visual barrier between the new parking lot and the existing homes to the south.
14 This buffer consists of Douglas Fir trees, Oregon grape and red flowering current shrubs
immediately abutting the property line. Furthermore, mature trees are proposed to be
15 retained along this property line that would further enhance the transition between the new
16 development and the south properties. The proposed new landscaping would provide an
enhanced appearance for the project.
17
18 Per the landscape plan and civil drawings, it appears the grading limits for the project extend
beyond the south property line. If the grading extends off-site, permission for any off-site
19 work would be required to be granted from the property owners of those lots impacted by
20 the construction work. Otherwise, construction limits would terminate at the property line.
21 The proposed paving plan includes a six-foot (6')wide sidewalk from 116th Ave SE to the
22 building entrance. In addition, the Applicant is proposing various sidewalk widths
throughout the site. For example, portions of the sidewalk on the south side of the building
23 measure four feet(4')wide and other portions of the concrete walkways measure 16 %z feet
24 wide. The sidewalks widths should be constructed with a consistent minimum width
throughout the development. Therefore, a condition of approval requires that the Applicant
25 maintain a minimum concrete sidewalk width of six feet (6') throughout the development.
26 A final landscape plan shall be submitted and approved by the Current Planning Project
Manager prior to issuance of the construction permits.
CONDITIONAL USE, SITE PLAN AND VARIANCE
12
1
2 5. Adverse Impacts. There are no significant adverse impacts associated with the project. As
determined in FOF No. 4, adequate infrastructure serves the site. Specific concerns related to adverse
3 impacts are addressed below. See the SEPA Environmental Review Committee Report and exhibits for
4 more critical areas analysis and review (Exhibits 1-25).
5 A. Critical Areas and Natural Features. The site contains regulated slopes, shown as >15%to
<25% in City of Renton(COR)Maps.The regulated slopes appear to be manmade with the
6 designed grading of the site with the construction of the elementary school. A Geotechnical
Engineering Report, prepared by The Riley Group, Inc. (RGI), dated June 8, 2018 (Exhibit
7 13), was submitted with the preliminary plat application materials. According to the
8 submitted report, the site is suitable for the proposed construction from a geotechnical
standpoint. As conditioned and mitigated, the project will not impact any critical areas or
9 pose a hazard to the public health, welfare and safety.
10 B. Views. The proposed structure would not block view corridors to shorelines or Mt. Rainier.
The public access to shorelines requirement is not applicable to the proposal.
11
12 C. Compatibility. As proposed, the development should be compatible with the surrounding
neighborhood. The proposed community center building was designed to be compatible
13 with the scale and character of the neighborhood. Adjacent single-family residences to the
south would be shielded from the development by a fully sight obscuring landscape buffer
14 and residences to the east would be buffered by the school's existing ballfield. In addition,
the community center would front on 116th Ave SE and would be setback from the street
15 by approximately 150 feet (separated from the street by the existing parking area). The
16 proposed one-story building would be similar in height to the adjacent Cascade Elementary
School building.Taller portions of the building include the entry gallery and the gymnasium
17 for function and to enhance architectural modulation (Exhibit 15). Finally, the nearby
buildings in the neighborhood are mostly one-and two-story buildings with surface parking
18 and landscape areas similar to the proposed community center.
19 The immediate neighborhood and adjacent developed sites surrounding the school district
20 property are generally single-family residential or religious institution. The proposed one-
story community center facility is architecturally designed in a manner that is similar in
21 scale and character as many buildings along 116th Ave SE and within the Benson
Community Planning Area. Therefore, the proposed use as conditioned is compatible with
22 the scale and character of the surrounding area.
23 D. Light, Glare, Noise and Privacy. According to the Applicant, exterior lights provided for
24 the community center would be directed onto the building itself or the ground immediately
abutting to it. Light emissions would not be visible above the roofline of the building.
25 Parking lot lighting would be non-glare and mounted no more than twenty-five feet above
the ground to minimize the impact onto adjacent and abutting properties.All fixtures would
26 be fitted with a cutoff type luminaire to prevent spillage onto an adjacent parcels. No
adverse light impacts are anticipated.
CONDITIONAL USE, SITE PLAN AND VARIANCE
13
1
2 Mr. Phillips testified he was concerned about privacy given his property is below the grade
of the subject property. The City Planner, Mr. Close, testified the building will be set back
3 165 feet from 116th Street and will be behind the elementary school building.It will be 66.5
4 feet from the southern property line. The building is one story, but the extra roof height is
needed for the basketball court. No windows should look into the neighboring properties.
5 There will be perimeter landscaping and a community garden between the building and
neighboring properties. There should be no impact to the privacy of adjacent properties.
6
The site and adjacent properties would experience temporary noise increases during
7 construction activities. To mitigate noise, construction activities would be restricted to the
8 hours between 7:00 am and 8:00 pm, Monday through Friday. Work on Saturdays would
be restricted to the hours between 9:00 am and 8:00 pm. No work would be permitted on
9 Sundays (Exhibits 24 and 29).
10 After construction, noise would be from daily vehicular and pedestrian activity by users of
the community center. The 83 new trees proposed within the landscaping plan would be
11 used to help mitigate noise, light and glare from the development.
12 E. Tree Retention.Adequate trees are retained on site.The project area includes approximately
13 2.19 acres of grass fields and native vegetation. The development would decrease the
amount of pervious area and landscape to approximately 1.02 acres. The Applicant's
14 Arborist Report,prepared by Ian Gray, City of Renton Urban Forestry&Natural Resources
Manager (dated August 26, 2019; Exhibit 7), inventoried 21 trees in the vicinity of the
15 project site. The Applicant is proposing to remove eight (8) significant trees (Linden and
16 Paper Birch).Five(5)of the eight(8)trees to be removed were found to be dead.In addition,
one of the poor quality damaged trees is located within the footprint of the proposed
17 building. Pursuant to RMC 4-4-130.H, tree retention standards in a residential zone
(specifically Residential-6 zone) require at least thirty percent (30%) significant tree
18 retention during and post development. The Applicant is proposing to retain 12 of the
project area's significant trees (Exhibit 8) which exceeds the City's retention requirement.
19
20 The Arborist Report recommends protective fencing placed at the dripline of all retained
trees. Where driplines extend over existing hardscape, fencing would be placed at the edge
21 of that hardscape. All driplines of trees on adjacent properties which may overhang the
development parcel would be respected in the same manner and soil disturbance and root
22 damage shall be avoided wherever possible. If roots are encountered, they should be cut
with a sharp tool cleanly back to the edge of the soil. No entrance into the tree protection
23 zone (TPZ)would be allowed. Where trees are grouped,protective fencing shall be erected
24 to encircle the whole group at the driplines.The City Arborist would be available to consult
once the project is underway, particularly when tree protection zones need to be delineated
25 in the field.
26 In addition to tree protection,the Applicant is proposing to enhance the existing landscaping
onsite by planting 83 new trees, including deciduous trees (14-October glory maple, 17-
CONDITIONAL USE, SITE PLAN AND VARIANCE
14
1
sour gum), evergreen trees (6-Austrian black pine, 12 Douglas fir, 9-hogan cedar), and
2 accent trees (14-vine maple, 4-Persian parrotia, and 7-Japanese stewartia). The proposed
new trees would be planted and irrigated throughout the project site. As shown on the
3 landscape and irrigation plans (Exhibits 6 and 9).
4 6. Special Circumstances for Height Variance. The Cascade Benson neighborhood of Renton is a
5 large area of single-family development and related support services including schools, houses of
worship, parks and small businesses. The proposed community center is expected to fill a vital need
6 for youth and families in the Cascade Benson area. The programs that would be provided in the
community center include sports and recreation, health and wellness, after-school programs for youth
7 and children, and tutoring and mentoring. Mr. Close stated the portions of the project subject to the
8 height variance include the gymnasium (33'3") and the west elevation at the front of the gallery (25').
The added height for the gym is necessary for the type of services provided by the facility. Mr. Close
9 testified this was a unique property for this use in this location within the City. The City could not find
another viable location for this use while still serving the intended demographic of the Cascade Benson
10 neighborhood.
11
CONCLUSIONS OF LAW
12
13 1. Authority. The hearing examiner conditional use permit application qualifies as a Type III
14 review.All other consolidated project applications are Type III or lower. RMC 4-8-080(C)(2)requires
consolidated permits to be collectively processed under"the highest-number procedure."The Type III
15 review is the "highest-number procedure" and therefore must be employed for the conditional use, site
16 plan approval and requested height variance.As outlined in RMC 4-8-080(G),the hearing examiner is
authorized to hold hearings and issue final decisions on Type III applications subject to closed record
17 appeal to the Renton City Council.
18 2. Zoning/Comprehensive Plan Designations. The subject property is zoned R-6, a single-family
19 residential zone. The comprehensive plan land use designation is Residential Medium Density.
20 3. Review Criteria/Adoption of Staff Findings and Conclusions for Street Waiver and Driveway
Design Modifications. A hearing examiner conditional use permit (Type III review) is required by
21 RMC 4-2-060(J and K) for cultural facilities and medical facilities in the R-6 zone. Site Plan review is
22 required by RMC 4-9-200(B)(2)(iv) for medical institutions in any zone. Finding of Fact No. 6
identifies the need for the height variance. Conditional Use Permit criteria are governed by RMC 4-9-
23 030(D). Site Plan review criteria are governed by RCM 4-9-200(E)(3). Variance criteria are governed
24 by RMC 4-9-250(B)(5).
25 All applicable review criteria are quoted in italics and applied through corresponding conclusions of
law.
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
15
1
The street waiver and the driveway design modification requests are identified in Finding of Fact No.
2 3. The criteria for the street waiver is governed by RMC 4-9-250(C)(5). The criteria for the driveway
3 design modification are governed by RMC 4-9-250(D)(2). The findings and conclusions of Finding of
Fact No. 25 Street Waiver and No. 26 Driveway Modification of the Staff Report are adopted by this
4 reference in full to conclude that all review criteria for the requested modifications are met.
5 Conditional Use
6 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
7 factors for all applications:
8 RMC 4-9-030(D)(1): Consistency with Plans and Regulations:The proposed use shall be compatible
9 with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning
regulations and any other plans,programs, maps or ordinances of the City of Renton.
10
4. The proposal as conditioned, is consistent with the comprehensive plan as outlined in Finding
11 17 of the Staff report, adopted and incorporated by this reference as if set forth in full. The proposal is
consistent with all applicable zoning and other development standards as outlined in Finding 18 of the
12 Staff report, adopted and incorporated by this reference as if set forth in full.
13
RMC 4-9-030(D)(2): Appropriate Location: The proposed location shall not result in the detrimental
14 overconcentration of a particular use within the City or within the immediate area of the proposed use.
15 The proposed location shall be suited for the proposed use.
16 5. As noted in Finding of Fact No. 6 and per the testimony of City Staff and the Applicant, the
location of the project is unique to the Cascade Benson Neighborhood and is likely the only viable spot
17 for this use that will allow the provision of educational,health,social,medical and recreational services
18 for this neighborhood. No other similar uses are present in the immediate vicinity of the proposed use
and therefore the location of the proposed use would not result in an overconcentration of the uses in
19 the area. Additionally, the scale of the proposed use is modest. Only about 50 people are expected at
20 the facility at any given time. As noted in FOF No. 4E, there are no expected traffic impacts to the
surrounding area or roadway network.
21
RMC 4-9-030(D)(3): Effect on Adjacent Properties: The proposed use at the proposed location shall
22 not result in substantial or undue adverse effects on adjacent property.
23 6. As determined in Finding of Fact No. 5, as conditioned there are no adverse impacts associated
24 with the proposal, so it will not result in substantial or undue adverse effects on adjacent property.
25 RMC 4-9-030(D)(4): Compatibility: The proposed use shall be compatible with the scale and
26 character of the neighborhood.
CONDITIONAL USE, SITE PLAN AND VARIANCE
16
1
7. As described in Finding of Fact No. 5C, the proposal will be compatible with the scale and
2 character of the neighborhood.The proposed community center building was designed to be compatible
with the scale and character of the neighborhood.Adjacent single-family residences to the south would
3 be shielded from the development by a fully sight obscuring landscape buffer and residences to the east
would be buffered by the school's existing ballfield. In addition,the community center would front on
4
116th Ave SE and would be setback from the street by approximately 150 feet (separated from the
5 street by the existing parking area). The proposed one-story building would be similar in height to the
adjacent Cascade Elementary School building. Taller portions of the building include the entry gallery
6 and the gymnasium for function and to enhance architectural modulation (Exhibit 15). Finally, the
nearby buildings in the neighborhood are mostly one-and two-story buildings with surface parking and
7 landscape areas similar to the proposed community center. The proposed one-story community center
facility is architecturally designed in a manner that is similar in scale and character as many buildings
8
along 116th Ave SE and within the Benson Community Planning Area. Therefore,the proposed use as
9 conditioned is compatible with the scale and character of the surrounding area. This criterion is
satisfied.
10
RMC 4-9-030(D)(5): Parking:Adequate parking is, or will be made, available.
11
12 8. As described in Finding of Fact No. 4F, adequate parking will be provided. The proposed
project would add 90 new parking spaces. Two (2) additional stalls would be added to a portion of the
13 school parking that would be reconfigured with the proposed project. The area to be reconfigured
14 currently has 27 existing stalls. As a result of the work, the reconfigured lot would have a total of 29
stalls. For the community center use, a total of 119 parking stalls are proposed, 90 on-site plus 29
15 shared with the school.
16 The Applicant's parking demand study, included in the Traffic Impact Study, indicated that the 90 new
17 onsite parking spaces, combined with the 29 shared parking spaces with the school in front of the
proposed community center would comply with the peak development parking demand and no parking
18 spillover is anticipated. Based on the provided parking analysis,the 90 new onsite parking spaces and
19 the 29-shared parking spaced with Cascade Elementary School will be sufficient to meet the parking
demand for this site and therefore the project is compliant with the parking regulations.
20
RMC 4-9-030(D)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
21 shall mitigate potential effects on the surrounding area.
22
9. As determined in Finding of Fact No. 4E, the project will not have a significant impact on the
23 general traffic in the vicinity and provides for adequate and safe pedestrian circulation. The criterion is
met.
24
25 RMC 4-9-030(D)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
17
1
10. As described in the Staff Report and Finding of Fact 5D, there are no anticipated glare, noise
2 or light impacts.Noise impacts should be limited to the construction phase.All construction traffic will
3 be limited in duration to comply with City of Renton standards.No light or glare and anticipated, as all
lighting will be shielded, and the project site will be heavily landscaped and screened. This criterion is
4 satisfied.
5 RMC 4-9-030(D)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
6 buildings, paving, or critical areas. Additional landscaping may be required to bz ffer adjacent
properties from potentially adverse effects of the proposed use.
7
11. As described and conditioned in FOF No.4G,the landscaping will be compliant with the City's
8 standards. Extensive tree retention, landscaping and screening will be provided. The Applicant will
9 also provide a community garden in raised beds. As conditioned, this criterion is met.
10 Site Plan
11 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
12 compliance with the following:
13 a. Compliance and Consistency: Conformance with plans,policies, regulations and approvals,
14 including:
15 i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
policies, especially those of the applicable land use designation; the Community Design
16 Element; and any applicable adopted Neighborhood Plan;
17 ii. Applicable land use regulations;
18
iii. Relevant Planned Action Ordinance and Development Agreements; and
19
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC
20 4-3-100.
21
12. As discussed in Conclusions of Law Nos.4 and 5, and as conditioned,the proposal is consistent
22 with the City's development and design regulations.The proposal is consistent with the Comprehensive
23 Plan for the reasons stated in Section H,Finding of Fact No. 17,Page 5 of the Staff Report.The proposal
does not qualify as a Planned Action Ordinance and is not within a Design District subject to RMC 4-
24 3-100. The Staff Report Findings of Fact and Conclusions of Law are adopted and incorporated by
reference as if set forth in full.
25
26 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses,
including:
CONDITIONAL USE, SITE PLAN AND VARIANCE
18
1
i. Structures: Restricting overscale structures and overconcentration of development on a
2 particular portion of the site;
3 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways
4 and,adjacentproperties;
5 iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
6 rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
7
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to
8 attractive natural features;
9 v. Landscaping: Using landscaping to provide transitions between development and
10 surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the
appearance of the project; and
11
12 vi. Lighting:Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
13
13. As described in FOF No. 5C, the proposed new building would not be out of scale in context
14 to the 14.8-acre parcel or the existing site improvements. The overall scale of the community center
15 would be compatible with the existing elementary school. The proposed design is sensitive to the land
use code with a shallow shed roof. The increased building height is driven by the gymnasium use with
16 sport courts that recommend a standard inside clear height from floor to ceiling of 24 feet. The
17 architectural features that connect the building entry to the gymnasium is the galley. This part of the
building design would be approximately 25 feet. As noted below in Conclusions of Law No. 21-24 the
18 increased height will not be detrimental to the public welfare. The building is well setback and heavily
19 screened from adjacent residences. The use is unique in this area (See Finding of Fact No. 6) and will
avoid overconcentration of development in any one portion of the site.As described in Finding of Fact
20 No.4E,adequate internal and external circulation will provide for safe and efficient transitions between
21 uses and internally to the project. (See Conclusion of Law No. 26 below for a discussion on the
requested Driveway Design Modification.)Loading and storage areas will be physically separated from
22 pedestrian areas.As proposed,refuse and recycling areas will be adequate in size and properly screened
from view.No views will be obstructed by the development.As discussed in COL No.4G, landscaping
23 will be robust and provide adequate screening.No lighting,glare,noise or privacy issues are anticipated
24 (See Finding of Fact No. 5D.)As proposed and conditioned, no off-site impacts are anticipated.
25 RMC 4-9-200(E)(3)(c): On-Site Impacts:Mitigation of impacts to the site, including:
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
19
1
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
2 spacing and orientation;
3 ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
4 characteristics, views and vistas, site amenities, sunlight,prevailing winds, and pedestrian and
vehicle needs;
5
6 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;
7 and
8 iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
9 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
10 areas so that they are less susceptible to damage from vehicles or pedestrian movements.
11 14. As noted above in COL No. 6-7, 10 and 13 and as conditioned, the structure placement and
12 scale will provide for privacy and noise reduction by placing the building far from the property
boundaries and surrounding it with screening vegetation. As noted in Finding of Fact Nos. 4G and 5E,
13 natural features and trees will be retained to the extent safe and feasible and existing and new
14 landscaping will be used to soften the appearance of parking areas and to enhance open spaces. The
comments by Staff on this criterion, at Finding No. 21, are adopted by this reference and incorporated'
15 as if set forth in full. This criterion is satisfied.
16 RMC 4-9-200(E)(3)(d):Access and Circulation:Safe and efficient access and circulation for all users,
17 including:
18 i. Location and Consolidation:Providing access points on side streets or frontage streets rather
19 than directly onto arterial streets and consolidation of ingress and egress points on the site
and, when feasible, with adjacent properties;
20
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
21 including the location, design and dimensions of vehicular and pedestrian access points, drives,
22 parking, turnarounds, walkways, bikeways, and emergency access ways;
23 iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian
24 areas;
25 iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
26 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings,public sidewalks and adjacent properties.
CONDITIONAL USE, SITE PLAN AND VARIANCE
20
1
15. The proposal provides for adequate access and circulation as required by the criterion above for
2 the reasons identified in Finding of Fact No. 3,4E-4G and Staff Report Findings of Fact No. 18 Refuse
3 and Recycling, Bicycle Parking herein adopted as if set forth in full.
4 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
5 site.
6 16. As described in Finding of Fact No. 4D, City development standards do not require any set-
7 asides or mitigation for parks and open space for non-residential development. However, the project
will be providing a community garden with raised planter beds. The Applicant is proposing to site the
8 community garden near the southwest corner of the building. The community garden would include
9 raised planters that would be partially screen with landscape plantings. The project plans include a
concrete sidewalk around the building for passive recreation by users of the site. This criterion is
10 satisfied.
11
RMC 4-9-200(E)(3)(): .Views and Public Access: When possible, providing view corridors to
12 shorelines and Mt. Rainier, and incorporating public access to shorelines.
13 17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. As noted in
14 FOF No. 5B, no views are affected.
15 AMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
16
17 18. As described in FOF No. 5A,there are no anticipated impacts to the sensitive slopes. There are
no other natural systems at the site or that would be affected by the proposal.
18
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities
19 to accommodate the proposed use.
20
19. The project is served by adequate services and facilities as determined in Finding of Fact No.
21 4.
22 RMC 4-9-200(E)(3)(i): Phasing:Including a detailed sequencing plan with development phases and
23 estimated time frames,for phased projects.
24 20. No further phasing is proposed.
25 Height Variance
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
21
1
RMC 4-9-250(B)(5)(a): That the Applicant suffers practical difficulties and unnecessary hardship
2 and the variance is necessary because of special circumstances applicable to subject property,
3 including size, shape, topography, location or surroundings of the subject property, and the strict
application of the Zoning Code is found to deprive subject property owner of rights and privileges
4 enjoyed by other property owners in the vicinity and under identical zone classification;
5 21. The criterion is met due to the special circumstances of the location as determined in Finding
6 of Fact No. 6. The project site is the only viable location for the services proposed by the Applicant to
effectively serve the Cascade Benson neighborhood.
7
RMC 4-9-250(B)(5)(b): That the granting of the variance will not be materially detrimental to the
8 public welfare or injurious to the property or improvements in the vicinity and zone in which subject
9 property is situated;
10 22. The proposed building height is similar to other buildings and sites within the subject's vicinity.
11 The large setback will permit placement of a community garden, an urban amenity, that will help to
reduce the visual impact of the building height. Also, the building will be screened by vegetation to
12 soften the appearance. The public welfare will be improved by construction of the community center
13 as facilitated by the height variance to allow for an indoor recreational space. As determined in Finding
of Fact No. 5, no significant adverse impacts will be created by the proposal. In the absence of any
14 significant impacts and the likely improvement in public welfare, the impacts of the variance will not
be materially detrimental to the public welfare or injurious to property or improvements in the vicinity
15 and zone.
16
RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent
17 with the limitation upon uses of other properties in the vicinity and zone in which the subject property
18 is situated;
19 23. Because of the location and proposed use, allowing a community center with a height greater
than that allowed by the underlying zone would not constitute a grant of special privilege. Other
20 requests,under similar circumstances,would likely be granted for building heights under 32 feet. There
21 is no special privilege.
22 RMC 4-9-250(B)(5)(d): That the approval as determined by the Reviewing Official is a minimum
variance that will accomplish the desired purpose.
23
24 24. The requested variance is the minimum necessary while still allowing the construction of the
community center's recreational components.
25
DECISION
26
CONDITIONAL USE, SITE PLAN AND VARIANCE
22
1
As conditioned below, the conditional use permit, site plan, height variance, street waiver, and
2 driveway design modification are approved.
3 1. The Applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated October 14, 2019.
4
5 2. The Applicant shall maintain a minimum concrete sidewalk width of six feet (6')throughout
the development. A final landscape plan shall be submitted and approved by the Current
6 Planning Project Manager prior to issuance of the construction permits.
7 3. The Applicant shall provide a secured extended use bicycle parking area for a minimum of
8 nine(9)off-street bicycle parking stalls to be reviewed and approved by the Current Planning
Project Manager prior to building permit issuance.
9
4. A lighting plan with fixture details shall be provided at the time of building permit review for
10 review and approval by the Current Planning Project Manager prior to building permit
issuance.
11
12 5. The Applicant shall install a minimum of two (2) seating benches to enhance the usability of
the open spaces. A final detailed landscape plan shall be submitted to and approved by the
13 Current Planning Project Manager prior to issuance of the construction permits.
14 6. The Applicant shall dedicate five and one-half feet (5 ''Yz') of right-of-way along 116th Ave
SE so that when the City does secure the funding for the frontage improvements,the right-of-
15 way is available to install improvements. Right-of-way dedication would be completed with
16 short plat recording.
17 7. The Applicant shall bring the existing ramps along the project frontage up to current ADA
standards. The ADA ramp improvements shall be included in the construction permit
18 application for the proposed project and shall be completed prior to building final occupancy.
19
20
21
22 DATED this 6' Day of December 2019.
23 ���
24 Phil Olbrechts
25 City of Renton Hearing Examiner
26
Appeal Right and Valuation Notices
CONDITIONAL USE, SITE PLAN AND VARIANCE
23
1
2 As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III
application(s) subject to closed record appeal to the City of Renton City Council. Appeals of the
3 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-
4 day appeal period.
5
Affected property owners may request a change in valuation for property tax purposes
6 notwithstanding any program of revaluation.
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CONDITIONAL USE, SITE PLAN AND VARIANCE
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