HomeMy WebLinkAbout4th Dimension Building Site Plan and Reasonable Use Variance - LUA-19-0001531
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: 4th Dimension Building
Site Plan and Reasonable Use Variance
LUA19-000153 SA-H, ECF, V-H
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FINAL DECISION
SUMMARY
The Applicant has requested a Site Plan Review and a Reasonable Use Variance for the
construction of a 4-story, mixed use building located at 4502 NE 4th Street. The parcel contains a
piped stream channel and regulated slopes. The Applicant is requesting a reasonable use variance to
construct an open space under the building to accommodate the new stream channel and to provide
additional storage during storm events. The applications are approved with conditions.
TESTIMONY
Staff Testimony
Clark Close, Senior Planner, described the project. The piped stream will be redirected to a new
surface channel that will be sited below the building. The parcel is 0.55 acres in the Commercial
Mixed-Use Land Use Designation and is zoned Commercial Arterial. There is a vacant single-family
home on the site. The Applicant is proposing to build a 55-foot tall structure that will include 51
parking spaces within the building, up to 6,450 SF of commercial space, and 24 apartments units.
The residential levels will include eight (8) two-bedroom living units for a proposed net density of
54 du/ac. The site has moderate to steep slopes. The topography dips in the center of the property.
The proposed building will be on top of columns with parking below. The stream channel will be
open below the building with compensatory storage. The property owner to the east provided a
comment as did the Puget Sound Clean Air Agency and the Muckleshoot Tribe of Indians. The
SEPA MDNS was not appealed. The proposal is consistent and compliant with the applicable codes
and standards.
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Vanessa Dolby, Current Planning Manager, stated the variance criteria for piped stream don’t apply
for this project because they are removing the pipe and creating an open channel.
Applicant Testimony
Martin Reimers, project architect, stated the Applicant was happy with the staff report.
EXHIBITS
The November 26, 2019 staff report Exhibits 1-31 identified at page 2 of the staff report itself
were admitted into the record during the hearing. The following additional exhibits were also
admitted during the hearing:
Exhibit 32: City of Renton Maps
Exhibit 33: Google Arial Maps
Exhibit 34: Staff PowerPoint
FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is Martin Reimers of Concept Architecture, 21615 West
Casino Road, Suite 1A, Everett, WA 98204.
2. Hearing. The Examiner held a hearing on the subject applications on November 26, 2019 at
11:30 am in the City of Renton Council Chambers.
3. Project Description. The Applicant is proposing construction of a 4-story mixed use building
located at 4502 NE 4th St. The 23,170 SF parcel is zoned CA and is located within Urban Design
District D. The Applicant is proposing to build a 55-foot tall structure that will include 51 parking
spaces within the building, up to 6,450 SF of commercial space, and 24 apartments units. The
residential levels will include eight (8) two-bedroom living units for a proposed net density of 54
du/ac. The existing vacant single-family structure will be demolished.
Access to the site will be at the rear of the property from Bremerton Ave NE. New street frontage
improvements will be completed on Bremerton Ave NE and NE 4th St.
The proposed new building is proposed to conform to the topography of the site. The parcel contains
a piped stream channel and regulated slopes. The Applicant is requesting a reasonable use variance
to construct an open space under the building to accommodate the new stream channel and to
provide additional storage during storm events. In addition, a stormwater detention vault will be
constructed below the lowest parking level and discharge to the storm system.
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There are no significant trees located on site. No tree retention is required. There are several large
poplars located in the public right of way along the west parcel boundary. According to the Tree
Retention Plan, there are thirteen (13) blackwood cottonwood trees located within the public ROW
along Bremerton Ave NE. These 13 trees within the ROW, will be removed to widen the public road
and to complete frontage improvements. The Applicant is proposing to plant up to eight (8) trees in
the planter strip and four (4) trees on-site.
The site is mapped with a piped stream channel, regulated slopes and a localized floodplain.
Approximately 1,500cy of material will be cut on site and approximately 3,500cy of fill is proposed
to be brought into the site. Following construction, the impervious cover will be approximately
92.4%. There are no impervious coverage maximums for the zone.
The City’s Environmental Review Committee issued s SEPA Determination of Non-Significant
Impact – Mitigated on October 28, 2019 (Ex. 29). The DNS-M included four mitigation measures.
No appeals of the threshold determination were filed.
The City received a public comment letter (Ex. 14), which asked about the construction schedule.
The City responded (Ex. 15). Staff received two agency comment letters, one from the Puget Sound
Clean Air Agency and one from the Muckleshoot Indian Tribe Fisheries Division (Ex. 16 and 17).
Staff provided responses to both agencies (Ex. 18 and 20).
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. The site is adequately served by water and sewer utilities. The site is
served by the City of Renton for all water and sewer service. There is an existing 8-inch City
water main located in NE 4th St that can deliver a maximum total flow capacity of 2,500
gallons per minute (gpm). There is an existing 12-inch City water main located in Bremerton
Ave NE that can deliver a maximum total flow capacity of 4,000 gpm. There is an existing 10-
inch ductile iron wastewater main located in Bremerton Ave NE. There is an existing 24-inch
PVC wastewater main located in NE 4th St. The Renton Fire Authority has determined that the
preliminary fire flow demand for the proposed development is 2,500 gpm. Adequate fire flow is
available with the aforementioned water main extensions to meet the minimum fire flow
requirements. The project is subject to applicable system development charges for both the
water and wastewater utilities.
B. Fire and Police. Police and Fire Prevention staff have indicated that sufficient resources exist to
furnish services to the proposed development; if the Applicant provides Code required
improvements and fees. Fees are paid at time of building permit issuance. Fire services will be
provided by the Renton Regional Fire Authority.
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C. Drainage. Storm drainage is adequately addressed by the proposal. Public works staff have
reviewed the proposed stormwater design and have found it to conform to City regulations for
the conceptual level of preliminary plat design. The Applicant submitted a Preliminary
Technical Information Report (Ex. 6) with the project application. 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 within the Lower Cedar River Drainage Basin. The
development is subject to Full Drainage Review in accordance with the 2017 Renton Surface
Water Design Manual (RSWDM).
According the TIR, the site drains to the north and is within one drainage basin. Runoff
currently leaves the site in a 24” storm system pipe that flows through the site. After
development, the 24” storm system pipe will be removed, and a new extension made to the
storm system in Bremerton Ave NE using 30” pipe. An open channel will be extended under
the building. Site runoff, after it is detained and treated, will flow to the new 30” pipe. The
Applicant will be required to provide a conveyance analysis for all proposed storm drainage
conveyance systems including the concrete channel proposed below the building.
The TIR Report analyzed existing conditions and proposed surface water collection and
distribution. The geotechnical analysis of site soils found that the conditions onsite are not
compatible with stormwater infiltration. The project proposes to implement a storm detention
vault (15’ wide x 58’ long x 6.1’ deep) to meet the Flow Control Duration – Forested Condition
Area requirements.
The site is located within a Basic Water Quality Treatment Area. As a commercial project, it is
required to meet the Enhanced Basic Water Quality standard. The Applicant will meet this
requirement through installation of a Filterra Treatment System which will provide treatment of
92.3% of the treatment basin runoff. The facility will be located in the northwest corner of the
site near the access drive and will drain to the detention vault. The treatment basin includes the
roadway, planters and sidewalks as well as the rain garden runoff.
A localized floodplain has been identified on-site. The project TIR notes that the infrastructure
induced floodplain elevation is 394.87 feet. The project will be required to maintain the
compensatory storage volume on-site at a one-to-one ratio. As previously discussed, the project
has proposed to place the building on top of a pile foundation system in order raise the building
high enough to provide the required compensatory storage. An emergency overflow spillway, or
similar system, will be required to direct storm water into the roadway surface as opposed to the
proposed building or upstream properties.
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The project will be subject to surface water system development fees at the time of construction
permit issuance.
D. Transportation. Traffic impacts are adequately mitigated by the proposal. The Applicant
submitted a Traffic Impact Analysis (Ex. 10) with the project application. Vehicular access to
the site is proposed via Bremerton Ave NE via a two-way driveway. Increased traffic created by
the development will be mitigated by payment of transportation impact fees payable at the time
of building permit issuance.
The proposal passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Ex. 25), which is
based upon a test of the citywide Transportation Plan, consideration of growth levels included
in the LOS-tested Transportation Plan, and payment of applicable Transportation Impact Fees at
the time of Building Permit issuance.
E. Parking. The Applicant is proposing 24 dwelling units, 1,487sf of restaurant space and 4,837sf
of retail space. The proposal is required to provide between 51 and 69 parking spaces. The
submitted materials indicate that a total of 51 spaces (24 standard (8'4" x 15’), 24 compact (7’-
6” x 12’) and 3 accessible) within the structured parking area in the building, which complies
with the minimum number of parking spaces required for the designated uses within the
proposed structure. The Applicant will additionally provide parking space for up to seven (7)
motorcycles between the two proposed parking levels. The Applicant has provided adequate
parking to serve the project.
F. Bicycle Stalls. Twelve bicycle parking spaces are required for the residential units and three are
required for the commercial uses. Together, this will result in a total of 15 required bicycle
parking spaces on the project site. Only three bicycle parking spaces are designated on the
architectural floor plans (Ex. 12). A condition of approval will require the Applicant to submit
revised floor plans and a revised site plan with the building permit application identifying the
location of 15 code compliant bicycle parking spaces meeting the standards of RMC 4-4-
080(F)(11).
G. Vehicular Access and Internal Circulation. Staff note the existing configuration of the
development site could provide for site-to-site vehicle access using the paved driveway located
along the north side of the proposed building. A condition of approval will require the
Applicant to grant a private access easement to the CA zoned parcel located to the east of the
project site, specifically parcel no. 1023059117. The Current Planning Manager and
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Development Engineering staff will review the easement for recording prior to issuance of the
Temporary Certificate of Occupancy.
The proposed development will provide vehicular access to Bremerton Ave NE from an access
driveway that serves the multi-level structured parking garage. Pedestrian connections will be
provided from the building to the public sidewalks. Safe pedestrian circulation will be provided
within and around the project perimeter. The addition of sidewalks along NE 4th St and
Bremerton Ave NE will provide a safe walking condition for the proposed project and
surrounding neighborhood.
H. Pedestrian Circulation. The Applicant has proposed pedestrian walkways along the project
site’s NE 4th St and Bremerton Ave NE street frontages. All building entries will have a direct
connection to the public sidewalk. All walkways will be paved and comprised of an all-weather
walking surfaces. The proposed pedestrian walkways along the building façade meet or exceed
the minimum five-foot (5’) wide interior pathway, provided the Applicant widens the east/west
walkway between the commercial entrance and the staircase entrance located at the southeast
corner of the building on NE 4th St or provides a second five-foot (5’) wide sidewalk from the
staircase to the public sidewalk along NE 4th. A condition of approval will require the
Applicant to maintain a minimum interior pathway width no smaller than five feet (5') and the
entrance walk along NE 4th St must be increased from seven feet (7’) wide to twelve feet (12')
wide. The Applicant is proposing concrete for the paved walkways. A further condition of
approval will require the Applicant to include permeable pavement materials for pedestrian
walkways, where feasible, consistent with the 2017 City of Renton Surface Water Design
Manual.
I. Landscaping. The Applicant submitted Conceptual Landscape Plans (Ex. 4), with the project
application materials. The submitted landscape plans include landscaping adjacent to the
building, screening the refuse area, between the building and public sidewalk, a landscape
buffer along the north property line, and required street trees between the curb and sidewalk
within the public right-of-way. Ten feet of on-site landscaping is required along all public street
frontages, with the exception of areas for required walkways and driveways and those zones
with building setbacks less than ten feet. This street frontage landscaping buffer requires a mix
of trees, shrubs, and ground cover to comply with landscape regulations.
As proposed the 10-foot of street frontage landscaping along NE 4th St also includes two rain
gardens to meet the City of Renton stormwater requirements. The design of these raingardens
will be reviewed for compliance with both the 2017 Renton Surface Water Design Manual and
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the landscaping regulations of 4-4-070. A detail landscape plan will be submitted and reviewed
for landscape code compliance at civil construction permit submittal.
The Applicant is proposing a landscape screen along the exterior wall of the parking garage.
Staff requested an additional metal framed green wall near the underground parking entrance to
enhance the pedestrian experience. A condition of approval will require the Applicant to install
a minimum seven-foot six-inch (7’-6”) tall metal framed green wall with climbing vines near
the parking garage pedestrian entrance located along Bremerton Ave NE. The Applicant shall
submit a green wall detail with the final landscape plan for review and approval by the Current
Planning Project Manager prior to issuance of the civil construction permit.
The Applicant is requesting a 5-foot reduction from the 15-foot minimum setback required from
Bremerton Ave NE. The Applicant has proposed enhanced landscaping within the 10-foot
proposed setback and within the 8-foot wide planter strip to provide additional landscape
screening. Staff concurs with this approach.
J. Refuse Enclosure. The code requires a total of 208sf of refuse and recycling areas for the 24
residential units and 6,324sf of combined non-residential uses. The Applicant has proposed
273sf of refuse and recycling area, exceeding the code requirements. As noted above in FOF 4I,
the Applicant has proposed adequate landscape screening around the refuse and recycling area.
However, it is unclear if the refuse and recyclables deposit area is easily and safely accessible to
hauling trucks. Therefore, a condition of approval, will require the refuse and recyclables
deposit area location to be approved by the City of Renton’s solid waste utility provider prior to
building permit issuance. Also, the Applicant submitted a refuse and recycling enclosure
screening detail (Ex. 12) with the project application materials. The screening detail showed the
gate proposed for the refuse and recyclable deposit area; however, it did not demonstrate
compliance with all of the enclosure requirements. Therefore, a further condition of approval,
will require the Applicant to provide a refuse and recycling enclosure detail at the time of
Building Permit review for review and approved by the Current Planning Project Manager. The
refuse and recycling enclosure detail shall demonstrate that the trash enclosure would have self-
closing doors.
K. Building Entries. The proposed building will have two entries along NE 4th St (building entry
and a staircase entry to the residential units above the first floor) and five entries facing
Bremerton Ave NE (four for the non-residential uses and one to the underground parking
garage). All building entries will be oriented toward a public street. The primary building
entries have been made visibly prominent through the use of storefront façade, metal canopy
and landscaping. Building entries have been clearly marked through the use of glazing and
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landscaping. In addition, canopies have been used above the building entrances at
approximately ten feet above ground level. The canopies will be slightly angled upward
(starting at approximately 10 feet above finished grade and extending to approximately 11’-6”
above finished grade). The weather protection canopy extends the length of the building along
NE 4th St. Then the canopy wraps the southwest corner and extends approximately 106 feet
along Bremerton Ave NE. To provide additional weather protection over the entrance to the
parking garage, a condition of approval will require the Applicant to provide weather
protection, measuring a minimum of four and one-half feet wide and a minimum of three feet
deep over the underground parking garage entrance along Bremerton Ave NE. The Applicant
has proposed pedestrian walkways along the project site’s NE 4th St and Bremerton Ave NE
street frontages. All building entries will have a direct connection to the public sidewalk. All
walkways will be paved and comprised of an all-weather walking surfaces.
L. Building Facades. The primary building entries have been made visibly prominent through the
use of storefront façade, metal canopy and landscaping. The proposed building would include
modulation and articulation at intervals of 40 feet or less along all façades. It does not appear
that all portions of the ground floor façade facing Bremerton Ave NE would be comprised of 50
percent windows and doors. However, as proposed there is less glazing between 4 feet and 8
feet above ground along the west elevation due to the structured parking garage façade. The
project as conditioned otherwise complies with the guidelines of glazing and ground-level
details.
The upper portion of the building façade along NE 4th St only includes about nine percent
glazing with clear windows and only about three percent glazing with clear windows along the
upper portion of the north building elevation. The percentage of clear windows with visibility
into and out of the building increases significantly along the east and west elevations. In order
to break up the building massing and increase light transmittance and visibility into and out of
the building, a condition of approval will require the Applicant to provide windows within the
staircases on the north and south facing façades. In addition, the Applicant shall increase the
percentage of glazing and clear windows along NE 4th St. Revised elevations showing added
glazing and upper story clear windows shall be submitted to the Current Planning Project
Manager, and approved, prior to building permit issuance. As conditioned, the façades facing
public rights-of-way will include modulation, glazing, and landscaped areas to enhance the
façade and draw attention away from the structured parking entrances.
M. Building Materials. The Applicant submitted an Urban Center Design Overlay District Report
(Ex. 31) and architectural building elevations (Ex. 11) with the project application. The
proposed building would include variations in materials as well as colors (Ex. 13). The building
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elevations included a description of materials proposed to be used on the bu ilding. Materials
proposed include storefront window systems, cementitious lap siding, cementitious trim,
cementitious fascia, steel columns, metal columns, metal siding, exposed concrete siding,
exposed masonry, and metal railings with metal panels. The proposed materials appear to be
high quality in nature and would be utilized on the façades visible to the public. However, the
submitted application materials were conceptual in nature. Therefore, a condition of approval
will require the Applicant to provide a materials board including material samples and colors
coded to the building elevations at the time of Building Permit Review for review and approval
by the Current Planning Manager.
Based on the information submitted, there appear to be some walls and columns that would be
comprised of poured concrete. A condition of approval will require the Applicant to enhance
any walls and/or columns with texturing, reveals, and/or coloring with a concrete coating or
admixture. Treatment of any concrete walls and/or columns proposed should be included on the
materials board submitted as part of the Building Permit Review.
N. Ground Level Details. Based on the provided elevations it appears the ground floor of the
proposed building would include human-scaled elements such as canopies, lighting fixtures and
landscaping. However, ground-level details should also include such things as benches and/or
public art. These features were not provided in the submitted application. The combination of
all these elements would create a space for an enhanced pedestrian experience. As a result, a
condition of approval will require the Applicant to provide site furniture that is made of durable,
vandal- and weather-resistant materials that do not retain rainwater and can be reasonably
maintained over an extended period of time. The site furniture details shall be submitted to and
approved by the Current Planning Project Manager prior to building permit approval. The
restaurant and retail spaces along the front façades are anticipated to have display areas
viewable from the pedestrian realm given the façade treatment with a minimum 10-foot
storefront system along the commercial portion of the building frontages. As conditioned
above, there will be no untreated blank walls used within the project (See FOF 4K-M).
O. Roof Lines. The proposal includes shed roofs, extended parapets and a variety of rooflines to
create an interesting roof profile.
P. Recreation and Common Open Spaces. Based on the proposal for 24 dwelling units, the project
will be required to provide 240sf of common open space within the proposed development. To
meet the common open space requirement, the Applicant is proposing the commercial spaces to
have patio areas of approximately 977sf on the Bremerton Ave NE street side for seating and
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common uses. In addition, the Applicant is proposing a large patio space of approximately
2,100sf for recreational use on the second level for residents.
Q. Equipment Screening. The Applicant is proposing to screen the utility equipment within the
building. All other utilities would be located within an underground vault or would be screened
with landscaping. The project design includes adequate onsite screening for utility equipment
from public view through the combination of landscaping, building architecture and placement.
R. Signage. A sign package was not included with the submitted application materials.
Compliance with the sign requirements will be verified at the time a sign package is submitted
for review.
S. Lighting. A lighting plan and lighting details were not submitted with the formal land use
application materials. A condition of approval will require the Applicant to submit a lighting
plan and light fixture details at the time of Building Permit review for review and approval by
the Current Planning Project Manager prior to building permit issuance.
T. Parks. Recreation and Common Open Spaces will be provided as described in Finding of Fact
4P above. The Applicant must pay a Parks Impact Fee for each dwelling unit at the time of
building permit issuance.
U. Schools. The Renton School District can accommodate any additional students generated by
this proposal at the following schools: Honey Dew Elementary, Risdon Middle School and
Hazen High School. Students attending Honey Dew Elementary would walk to school along the
following route: east along the existing sidewalks along Bremerton Ave NE and west along the
existing sidewalks along NE 8th St. Students attending Risdon Middle School would be bussed
to school and would walk 0.26 miles to the existing stop located at Bremerton Ave NE at NE
6th St. High School students attending Hazen High School would be bussed to school via bus
number 104 after walking 0.42 miles to the existing stop at Union Ave NE and NE 5th St along
the following route: north along Bremerton Ave NE to NE 5th St and then west along NE 5th St
to the bus stop located at Union Ave NE.
A School Impact Fee, based on new residential dwelling units, would be required in order to
mitigate the proposal’s potential impacts to the Renton School District. The fee is payable to the
City as specified by the Renton Municipal Code.
5. Adverse Impacts. As mitigated and conditioned, there are no significant adverse impacts
associated with the project. Few adverse impacts are anticipated. Adequate infrastructure serves the
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site as determined in Finding of Fact No. 4. The SEPA MDNS mitigation measures in the
Environmental Report (Ex. 1) are adopted as Conditions of Approval. Adoption of Ex. 28
encompasses both the Findings of Fact and the Conclusions of Law of Staff. All other adverse
impacts discernible from the record are also fully mitigated. Impacts are more specifically addressed
as follows:
A. Stream and Flooding. There is an existing piped stream on the project site. The Applicant is
requesting a variance to allow the piped stream to be redirected to a new surface channel that
would be constructed in the central portion of the site (Ex. 24). The new stream channel would
be spanned by the new building that would be constructed over the open top of the channel (Ex.
7).
The Applicant submitted a Technical Memorandum for Stream and Wetland Reconnaissance,
prepared by Raedeke Associates, Inc. (Raedeke), (Ex. 9). Raedeke conducted a site
investigation of the project to document the existing piped stream channel and to document any
off-site streams or wetlands within the immediate vicinity. Raedeke observed a four-foot wide
off-site stream channel approximately 80 feet east of the project site. The stream channel was
found to be associated with an off-site wetland complex approximately 180 feet east of the
project site. The wetland contains a palustrine, forested (PFO) vegetation community and is
considered by Raedeke to be a seasonal pond with a wetland rating of a Category III. As a
result, Raedeke determined that the off-site wetland buffer does not extend onto the project site.
Raedeke classified the off-site stream as a Type Ns (non-fish bearing, seasonal) stream. The off-
site stream channel enters an approximately 24-inch diameter plastic pipe that extends
underneath the central portion of the project site. The flow continues through a series of
drainage pipes before discharging to Maplewood Creek, approximately 850 feet west of the site.
Based on Raedeke’s review of historic aerial imagery, the onsite portion of the stream appears
to have been piped sometime between the late 1960s and early 1980s as part of site
development. Aerial imagery available from the Historic Aerials (2019) website also suggests
that the stream historically flowed through the central portion of the project site and continued
off-site further to the west.
According to Raedeke, the existing 24-inch diameter culvert and pipe servicing the property are
not adequate to accommodate water from the stream during heavy storm events. This results in
water overtopping the culvert and ponding in the central portion of the site. The proposed
building would be constructed with an open space under the building footprint to accommodate
the new stream channel and provide additional storage during storm events. The open channel
below the building would be required to be privately maintained. The new building would have
access routes/hatches above the open channel and adjacent to the Bremerton Ave NE to access
and maintain the bottom of the channel. Clearance of 10 feet vertically (from highest elevation
within horizontal clearance) and 15-foot horizontally, centered over the channel will be required
by the City. In addition, an easement will be required to be provided to the City to allow the
City to access the stream channel in an emergency.
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According to the Preliminary Technical Information Report (Ex. 6), the current volumes and
water quality standards would be maintained as part of the proposed project. In addition, new
stormwater generated from the construction of the new building would be detained and treated
onsite before being released to the stormwater system downstream of the project site. As such,
no adverse impacts to water storage, volume, or water quality are anticipated as part of the
proposed site development application. According Raedeke, the overall project is anticipated to
improve the flow of drainage across the site and reduce potential impacts from flooding on
neighboring properties. In addition, the Applicant concluded that the TIR numbers generated for
backwater and flood storage were suitable for the flow calculations (Ex. 21).
The project will need to apply for an HPA for removal of the piped stream segment and
construction of an open channel located under the proposed building.
B. Slopes. There are regulated slopes on the project site. The Applicant submitted a Geotechnical
Engineering Report with Infiltration Evaluation (Ex. 8) and a Letter of Understanding Geologic
Risk (Ex. 30), with the project application. The primary geotechnical concern with regard to the
design for the proposed building is the presence of loose and unacceptable fill soils which
present risks of damage due to soil settlement, if not properly over-excavated and filled with
compacted structural fill. These risks can be mitigated by constructing the building on top of an
augercast pile foundation. According to Geo Group Northwest, concrete grade beams should be
used to connect the pile foundations and distribute the building loads. A structural concrete slab
may be designed and constructed to support the slab loads and transfer these loads to the piling.
Based upon the depth to competent soils at the test pits, pile lengths may be approximately 20-
feet with 10-foot embedment into the competent dense soil and a minimum diameter of 14
inches. Geo Group Northwest concluded that the performance of piles depends on how and to
what bearing stratum the piles are installed and judgement and experience must be used as a
basis for determining the embedment length and acceptability of a pile. Geo Group Northwest
recommended that a geotechnical engineer be retained to monitor the pile installation operation,
collect and interpret installation data and verify suitable bearing stratum. In addition, the
geotechnical engineer recommended that the contractor’s equipment and installation procedure
be reviewed by Geo Group Northwest prior to pile installation to help mitigate problems that
may delay work progress. Given these concerns, staff imposed several SEPA mitigation
measures. As mitigated, the project will protect the public health, safety and welfare.
CONCLUSIONS OF LAW
1. Authority. Site Plan Review and Variances associated with Hearing Examiner Review are
each Type III decisions determined by the hearing examiner (RMC 4-8-080(G)). The site plan and
critical areas reasonable use variance of this proposal have been consolidated. 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.
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2. Zoning/Comprehensive Plan Designations. The property is zoned Commercial Arterial (CA).
The Comprehensive Plan designation is Commercial Mixed Use. The property is located in the
Urban Design District D.
3. Review Criteria. Site Plan Review are required in the UC-N2 zone (RMC 4-9-200(B)(1) and
RMC 4-9-200(B)(2)(a)). Site Plan Reviews are governed by RMC 4-9-200(E)(3). Reasonable Use
Variance approval is governed by RMC 4-9-250(B)(6). Urban Design Regulations are governed by
RMC 4-3-100(E). Residential mixed-use development standards are governed by RMC 4-4-150(B).
All applicable criteria are quoted below in italics and applied through corresponding conclusions of
law.
Site Plan
RMC 4-9-200(E)(3)(a): 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 applicable comprehensive plan policies, City of Renton
zoning regulations and design guidelines as outlined in Findings 16, 17, 18 and 20 of the staff report,
which is adopted by this reference as if set forth in full, including the findings and conclusions.
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;
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iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities,
rooftop equipment, loading areas, and refuse and recyclables to minimize views from
surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility
to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally enhance
the appearance of the project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
5. As noted above in Finding of Fact No. 4(K-O), the building has been designed to reduce the
apparent bulk and provide visual interest through the use of varied materials and modification of the
facade. The building uses less of the site than would otherwise be required by code and places
parking in a structured garage underground. The building is placed to reduce the impact on on -site
critical slopes while providing for a pedestrian plaza and other urban amenities along the property’s
frontage. As noted in Fining of Fact No. 4(D, G and H), the proposal involves a single curb cut
Bremerton Ave NE via a two-way driveway while also providing frontage improvements to match
the existing curb line on Bremerton Avenue NE and 4th Avenue. The pedestrian plaza will enhance
the pedestrian experience. As noted in Finding of Fact No. 4(J and Q), loading and storage areas,
refuse collection and roof equipment will be screened and will not interfere with pedestrian
circulation or parking. There are not significant views from this property. As noted in Finding of
Fact No. 4(I), landscaping will be provided around the building, in the pedestrian plaza and on the
frontage. As noted in Finding of Fact No. 5(S), as conditioned, lighting will be designed to avoid
glare on to adjacent properties or streets while providing safe illumination for site users. These
criteria are satisfied.
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
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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 noted in the Staff Report (Ex. 28, Finding of Fact No. 21F), the proposed building has
been situated on the project site such that a minimum 17-foot setback would be provided between
the building and the south property line and a minimum ten-foot setback would be provided between
the parking structure and the west property line. The designated setbacks are intended to help
mitigate the impacts of the proposed mixed-use development on the public street frontages.
Due to the proposed location of the building and topography (Ex. 5), it is not anticipated that the
scale of the proposed building would adversely impact the view or sunlight currently av ailable to
adjacent or abutting properties (Ex. 21). The scale of the structures would be compatible with the
CA zone building height requirements and other structures allowed located in the Highlands
Community Planning Area.
The project proposal would take advantage of the existing site topography with regards to building
placement. Where the existing topography is lower, along Bremerton Ave NE, structured parking
would be developed at a lower elevation to support the upper building levels. As previously
discussed, the project has proposed to place the building on top of a pile foundation system in order
raise the building high enough to provide the required compensatory storage for the stream (Ex.23).
The site plan design would limit the on-site parking to be within the proposed building. Required,
enhanced and conditioned landscape measures would reduce the impacts of the structured parking
area.
As noted in Finding of Fact No. 4(I-N, P and Q), landscaping will enhance the appearance of the
project. These criteria are satisfied.
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;
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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 provides for adequate access and circulation as required by the criterion above
for the reasons identified in Finding of Fact No. 4(E-H).
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. The proposal provides for common open space that serves as a distinctive project focal point
and also provides for passive recreation as determined in Finding of Fact No. 4(N and P). A primary
feature of the proposal are plaza areas in the commercial and residential spaces.
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. As noted in Finding of Fact No. 5(B), the proposal impacts critical slopes, though the impact
is the minimum necessary to allow feasible development of the site. As conditioned, the project
provides for adequate public safety and welfare. As determined in Finding of Fact No. 4, the
drainage system has been designed as a vault system which will allow the project to discharge into
natural drainage courses via the City’s existing storm drainage system.
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(A and B).
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.
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RMC 4-9-200(E)(3)(j): Stormwater: Providing optimal locations of stormwater infiltrating low
impact development facilities. Avoiding placement of buildings or impervious areas on soils with
infiltration capability to the maximum extent practicable.
13. As noted in Finding of Fact No. 4(C), adequate provisions for stormwater have been provided.
The Applicant will provide compensatory storage for the daylighted stream and an underground
vault for stormwater. The project will comply with the 2017 City of Renton Surface water Design
Manual (RSWDM). This criterion is satisfied.
Urban Design Regulations
RMC 4-3-100(E)(1)(1) Building Location and Orientation:
1. The availability of natural light (both direct and reflected) and direct sun exposure to
nearby buildings and open space (except parking areas) shall be considered when siting
structures.
2. Buildings shall be oriented to the street with clear connections to the sidewalk.
3. The front entry of a building shall be oriented to the street or a landscaped pedestrian-
only courtyard.
4. Buildings with residential uses located at the street level shall be set back from the
sidewalk a minimum of ten feet (10') and feature substantial landscaping between the
sidewalk and the building or have the ground floor residential uses raised above street
level for residents privacy.
14. As noted in the staff report (See Staff Report Finding of Fact No. 18), the proposal includes
an average 18.5’ building setback from NE 4th St, a 10-foot building setback from Bremerton Ave
NE and a minimum 26-foot setback to the north property line. The semi-private space located on the
second-story roof deck would have access to sun as it maintains an eastern exposure and the third
story does not extend over this area. These measures will allow adequate natural light and sun
exposure to be maintained to the surrounding commercial and residential uses on the abutting or
adjacent properties. The building, including the front entry, will be oriented towards the public right
of way (See Finding of Fact 4(K). As described in Finding of Fact No. 4(H) above, there will be
clear connections to sidewalks along the project frontage and within the development. As
conditioned, this criterion is satisfied. Residential uses will not be located at the street level. These
criteria are satisfied.
RMC 4-3-100(E)(1)(2) Building Entries:
1. A primary entrance of each building shall be:
a. located on the facade facing a street, shall be prominent, visible from the street,
connected by a walkway to the public sidewalk, and include human-scale elements.
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b. made visibly prominent by incorporating architectural features such as a facade
overhang, trellis, large entry doors, and/or ornamental lighting.
2. Building entries from a street shall be clearly marked with canopies, architectural
elements, ornamental lighting, or landscaping and include weather protection at least
four and one-half feet wide. Buildings that are taller than thirty feet (30') in height shall
also ensure that the weather protection is proportional to the distance above ground level.
4. Features such as entries, lobbies, and display windows shall be oriented to a street or
pedestrian-oriented space; otherwise, screening or decorative features should be
incorporated.
15. As noted in Finding of Fact No. 4(K), the proposed building will have two entries along NE
4th St and five entries facing Bremerton Ave NE. All building entries will be oriented toward a
public street. The primary building entries have been made visibly prominent through the use of
storefront façade, metal canopy and landscaping. Building entries have been clearly marked through
the use of glazing and landscaping. In addition, canopies have been used above the building
entrances at approximately ten feet above ground level. The canopies will be slightly angled upward
(starting at approximately 10 feet above finished grade and extending to approximately 11’-6” above
finished grade). The weather protection canopy extends the length of the building along NE 4th St.
Then the canopy wraps the southwest corner and extends approximately 106 feet along Bremerton
Ave NE. To provide additional weather protection over the entrance to the parking garage, a
condition of approval will require the Applicant to provide weather protection, measuring a
minimum of four and one-half feet wide and a minimum of three feet deep over the underground
parking garage entrance along Bremerton Ave NE. The Applicant has proposed pedestrian
walkways along the project site’s NE 4th St and Bremerton Ave NE street frontages. All building
entries will have a direct connection to the public sidewalk. All walkways will be paved and
comprised of an all-weather walking surfaces. As noted in FOF No. 4(K-M), as conditioned, these
criteria are satisfied.
RMC 4-3-100(E)(1)(3) Transition to Surrounding Development:
1. At least one of the following design elements shall be considered to promote a transition to
surrounding uses:
(a) Building proportions, including step-backs on upper levels;
(b) Building articulation to divide a larger architectural element into smaller
increments; or
(c) Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and
transition with existing development.
Additionally, the Administrator of the Department of Community and Economic Development
or designee may require increased setbacks at the side or rear of a building in order to
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reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or
abutting yards.
16. The project site abuts a commercial zoned property to the east. To promote a transition to the
commercial use to the east, the Applicant has implemented modulation and articulation of the
building form. In addition, the Applicant is proposing shed roofs, balconies and building step backs
along the east elevation to reduce the apparent bulk and scale of the proposed building. As
conditioned and described in Findings of Fact No. 4(L and O), this criterion is satisfied.
RMC 4-3-100(E)(1)(4) Service Element Location and Design:
1. Service elements shall be located and designed to minimize the impacts on the pedestrian
environment and adjacent uses. Service elements shall be concentrated and located where
they are accessible to service vehicles and convenient for tenant use.
17. As noted in Findings of Fact No. 4(J), the proposed refuse and recycle deposit areas are
located within the proposed structure and will not impact parking. No impacts to the pedestrian
environment or adjacent uses are anticipated.
RMC 4-3-100(E)(2)(2) Structured Parking Garages:
1. Parking structures shall provide space for ground floor commercial uses along street
frontages at a minimum of seventy five percent (75%) of the building frontage width.
18. The entire ground floor will be commercial uses (retail and restaurant). This criterion is
satisfied.
RMC 4-3-100(E)(2)(3) Vehicular Access:
1. Access to parking lots and garages shall be from alleys, when available. If not available,
access shall occur at side streets.
2. The number of driveways and curb cuts shall be minimized, so that pedestrian circulation
along the sidewalk is minimally impeded.
19. As noted in Finding of Fact No. 3 and 4(G), all access is from a single curb cut. This criterion
is satisfied.
RMC 4-3-100(E)(3)(1) Pedestrian Circulation:
1. A pedestrian circulation system of pathways that are clearly delineated and conne ct
buildings, open space, and parking areas with the sidewalk system and abutting properties
shall be provided.
a. Pathways shall be located so that there are clear sight lines, to increase safety.
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b. Pathways shall be an all-weather or permeable walking surface, unless the Applicant can
demonstrate that the proposed surface is appropriate for the anticipated number of users
and complementary to the design of the development.
20. As noted above in Finding of Fact No. 4(H), pedestrian circulation to and throughout the site
will be enhanced by the pedestrian plaza and the placement of parking in a structured underground
garage. As conditioned, this criterion is satisfied.
RMC 4-3-100(E)(3)(3) Pedestrian Circulation:
1. Sidewalks and pathways along the facades of buildings shall be of sufficient width to
accommodate anticipated numbers of users. Specifically:
a. Sidewalks and pathways along the facades of mixed use and retail buildings one hundred
(100) or more feet in width (measured along the facade) shall provide sidewalks at least
twelve feet (12') in width. The pathway shall include an eight-foot (8') minimum
unobstructed walking surface.
b. Interior pathways shall be provided and shall vary in width to establish a hierarchy. The
widths shall be based on the intended number of users; to be no smaller than five feet (5')
and no greater than twelve feet (12').
21. As conditioned, the proposed pedestrian walkways along the building façade meet or exceed
the minimum five-foot wide interior pathway (See Finding of Fact No. 4(H).
RMC 4-3-100(E)(4) Recreation Areas and Common Open Space:
2. All buildings and developments with over thirty thousand (30,000) square feet of
nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-
oriented space.
a. The pedestrian-oriented space shall be provided according to the following formula:
1% of the site area + 1% of the gross building area, at minimum.
b. The pedestrian-oriented space shall include all of the following:
i. Visual and pedestrian access (including barrier-free access) to the abutting
structures from the public right-of-way or a nonvehicular courtyard; and
ii. Paved walking surfaces of either concrete or approved unit paving; and
iii. On-site or building-mounted lighting providing at least four (4) foot-candles
(average) on the ground; and
iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one
individual seat per sixty (60) square feet of plaza area or open space.
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c. The following areas shall not count as pedestrian-oriented space.
i. The minimum required walkway. However, where walkways are widened or
enhanced beyond minimum requirements, the area may count as pedestrian-
oriented space if the Administrator determines such space meets the definition
of pedestrian-oriented space.
22. As noted in Finding of Fact No. 3 and 4(H, N and P) above, the Applicant is proposing patios
accessible from the commercial areas and a semiprivate patio for the residential areas. The patios
meet the size, access and materials requirements. Other urban amenities are proposed. As
conditioned, these criteria are satisfied.
RMC 4-3-100(E)(5)(1) Building Character and Massing:
1. All building facades shall include modulation or articulation at intervals of no more than
forty feet (40').
2. Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight
feet (8') in width.
3. Buildings greater than one hundred sixty feet (160') in length shall provide a variety of
modulations and articulations to reduce the apparent bulk and scale of the facade; or provide
an additional special feature such as a clock tower, courtyard, fountain, or public gathering
area.
23. As noted in Finding of Fact 4(L), and as proposed and conditioned, these criteria are satisfied.
RMC 4-3-100(E)(5)(2) Ground-Level Details:
1. Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be
provided along the facade’s ground floor.
2. On any facade visible to the public, transparent windows and/or doors are required to
comprise at least 50 percent of the portion of the ground floor facade that is between 4 feet
and 8 feet above ground (as measured on the true elevation).
3. Upper portions of building facades shall have clear windows with visibility into and out of the
building. However, screening may be applied to provide shade and energy efficiency. The
minimum amount of light transmittance for windows shall be 50 percent.
4. Display windows shall be designed for frequent change of merchandise, rather than
permanent displays.
5. Where windows or storefronts occur, they must principally contain clear glazing.
6. Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited.
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24. As noted in Finding of Fact No. 4(M, N, P, R and S) above and as conditioned, human-scaled
elements such as lighting fixtures or other landscape features are proposed. Conditions of approval
require the Applicant to submit lighting and signage plans and to revise the site plans to provide for
other urban amenities. As conditioned, these criteria are satisfied.
RMC 4-3-100(E)(5)(3) Building Roof Lines: Buildings shall use at least one of the following
elements to create varied and interesting roof profiles:
a. Extended parapets;
b. Feature elements projecting above parapets;
c. Projected cornices;
d. Pitched or sloped roofs
e. Buildings containing predominantly residential uses shall have pitched roofs with a minimum
slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the
massiveness of an uninterrupted sloping roof.
25. The Applicant has proposed a shed style roof. As proposed, this criterion is satisfied.
RMC 4-3-100(E)(5)(4) Building Materials:
1. All sides of buildings visible from a street, pathway, parking area, or open space shall be
finished on all sides with the same building materials, detailing, and color scheme, or if
different, with materials of the same quality.
2. All buildings shall use material variations such as colors, brick or metal banding, patterns or
textural changes.
3. Materials shall be durable, high quality, and consistent with more traditional urban
development, such as brick, integrally colored concrete masonry, pre-finished metal, stone,
steel, glass and cast-in-place concrete.
26. The Applicant has proposed a building exterior with varied colors, textures, and profiles.
Materials proposed include storefront window systems, cementitious lap siding, cementitious trim,
cementitious fascia, steel columns, metal columns, metal siding, exposed concrete siding, exposed
masonry, and metal railings with metal panels. The proposed materials appear to be high quality in
nature and would be utilized on the façades visible to the public. However, the submitted application
materials were conceptual in nature. Therefore, a condition of approval will require the Applicant to
provide a materials board including material samples and colors coded to the building elevations at
the time of Building Permit Review for review and approval by the Current Planning Manager.
Based on the information submitted, there appear to be some walls and columns that would be
comprised of poured concrete. A condition of approval will require the Applicant to enhance any
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walls and/or columns with texturing, reveals, and/or coloring with a concrete coating or admixture.
Treatment of any concrete walls and/or columns proposed should be included on the materials board
submitted as part of the Building Permit Review. As conditioned, these criteria are satisfied.
RMC 4-3-100(E)(6) Signage:
1. Entry signs shall be limited to the name of the larger development.
2. Corporate logos and signs shall be sized appropriately for their location.
3. In mixed use and multi-use buildings, signage shall be coordinated with the overall building
design.
4. Freestanding ground-related monument signs, with the exception of primary entry signs, shall
be limited to five feet (5') above finished grade, including support structure.
5. Freestanding signs shall include decorative landscaping (ground cover and/or shrubs) to
provide seasonal interest in the area surrounding the sign. Alternately, signage may
incorporate stone, brick, or other decorative materials as approved by the Director.
6. All of the following are prohibited:
a. Pole signs;
b. Roof signs; and
c. Back-lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet
signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as area
signs with only the individual letters back-lit (see illustration, subsection G8 of this
Section).
27. Signage has not yet been fully designed for the proposed project. As described in Finding of
Fact No. 4(R) and as a condition of approval, the Applicant is required to submit a comprehensive
signage package. Locations and supports are required to be compatible with the building’s
architecture and exterior finishes. The signage package shall be submitted to and approved by the
Current Planning Manager prior to sign permit approval. As conditioned, this criterion is met.
RMC 4-3-100(E)(7) Lighting:
1. Pedestrian-scale lighting shall be provided at primary and secondary building entrances.
Examples include sconces on building facades, awnings with down-lighting and decorative
street lighting.
3. Accent lighting shall also be provided on building facades (such as sconces) and/or to
illuminate other key elements of the site such as gateways, specimen trees, other significant
landscaping, water features, and/or artwork.
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4. Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement,
unless alternative pedestrian scale lighting has been approved administratively or is
specifically listed as exempt from provisions located in RMC 4-4-075, Lighting, Exterior On-
Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right-of-
way-lighting, etc.).
28. As noted in Findings of Fact No. 4(S), a lighting plan and lighting details were not submitted
with the formal land use application materials. A condition of approval will require the Applicant to
submit a lighting plan and light fixture details at the time of Building Permit review for review and
approval by the Current Planning Project Manager prior to building permit issuance.
Critical Areas Variance
RMC 4-9-250(B)(6)(a): That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in which subject
property is situated;
29. The Applicant’s proposal to daylight the piped stream by replacing the existing 24-inch storm
drainage pipe bisecting the site with a proposed concrete trapezoidal channel will not be materially
detrimental to the public welfare or injurious to the property itself or improvements in the vicinity.
The daylighting and creation of compensatory storage under the building will improve existing
drainage conditions on the site and reduce localized flooding.
RMC 4-9-250(B)(6)(b): There is no reasonable use of the property left if the requested variance is
not granted;
30. The property is encumbered by an existing drainage pipe and during severe storm activity
overflow storage of storm water occurs on the site. The overflow stormwater is from off-site. The
depressional topography of the site leaves the off-site stormwater with nowhere else to go during
heavy storm events when the existing drainage system/piped stream overflows. Any changes to the
topography of the site would impact the quantity of stormwater able to flow through the site.
However, City regulations generally do not allow storm water pipes or storage outright under new
structures because of potential difficulties in maintaining the structures. Under the current
requirements, approximately one-half of the site would either be unusable, or if the topography were
altered, the stormwater overflow storage would be modified in quantity with development of the
site. Under strict application of the code, no reasonable use of the property is feasible. To allow
reasonable use, the piped system must be relocated around structures or located under the building.
There is no area on the site to allow the relocation of the piped stream. Provided all mitigation
measures and conditions of approval are complied with, the concrete trapezoidal stream channel
construction solution proposed under the center of the building will allow reasonable use of the
property.
RMC 4-9-250(B)(6)(c): The variance granted is the minimum amount necessary to accommodate
the proposal objectives;
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31. The requested variance is the minimum needed in order to accommodate development of the
site while simultaneously maintaining the drainage system. All other options, including upsizing the
entire system so the storage would not be needed, or constructing additional drainage structures on
site or off site would all be more costly and destructive to the site and surroundings. Based on the
stormwater analysis and geotechnical engineering, construction of the building over the stormwater
compensatory storage area is the simplest solution with the least drainage impacts while still
allowing development of the site (Ex. 8 and 9). The requested variance is the minimum necessary to
allow development of the project site as contemplated in the CA zone.
RMC 4-9-250(B)(6)(d): The need for the variance is not the result of actions of the Applicant or
property owner; and
32. The current piping of the stream was accomplished sometime in the 1960s-1980s and is not
the action of the present owner or Applicant. Additionally, most of the stormwater flooding issues
are related to off-site drainage issues concentrating on this site due to the topography and inadequate
sizing of the stormwater pipe.
RMC 4-9-250(B)(6)(e): The proposed variance is based on consideration of the best available
science as described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in subsection F of this Section are followed.
33. The proposed variance is based on consideration of best available science including the
geotechnical, stormwater, civil construction and critical areas reports prepared for the project site
(Ex. 1, 6, 7, 8, 9, and 21).
Residential Mixed Use Development Standards
RMC 4-4-150(B)(2): For vertically mixed use buildings, the facade necessary for interior
entrances, lobbies, and areas/facilities developed for the exclusive use of the building’s residents, or
their guests, is limited to twenty five percent (25%) of the overall facade along any street frontage or
the primary facade.
33. As noted in the Staff Report (See Staff Report Finding of Fact No. 20), the proposed the
façade necessary for interior entrances, lobbies, and areas/facilities developed for the exclusive use
of the building’s residents, or their guests is limited to approximately 13.5% (9’-3” / 68’-6”) of the
front façade along NE 4th St. The entrances along Bremerton Ave NE are exclusive to commercial
or entrance into the parking garage. As proposed, this criterion is satisfied.
RMC 4-4-150(C)(1): A vertically mixed-use building with at least two (2) residential stories
above ground floor commercial is required:
a. Along any street frontage in the CA Zone;
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34. The proposed building will include ground floor commercial and retail space with three
floors of residential use above. This condition is satisfied.
RMC 4-4-150(D):
1. Commercial Area Requirement: Except in the CD Zone outside of the Downtown Business
District, and CV zoned properties not abutting NE Sunset Blvd. east of Harrington Avenue NE,
any development wherein dwelling units are proposed shall provide gross commercial square
footage equivalent to fifty percent (50%) of the gross ground floor area of all buildings on site.
2. Ground Floor Commercial Space Standards: At a minimum, the development shall include
ground floor commercial space along any street frontage or, in the absence of street frontage,
along the primary facade of the building in conformance with the following standards:
a. A minimum average depth of thirty feet (30') and no less than twenty feet (20') at any
given point;
b. A minimum floor-to-ceiling height of eighteen feet (18'), and a minimum clear height of
fifteen feet (15') unless a lesser clear height is approved by the Administrator;
c. ADA compliant bathrooms (common facilities are acceptable);
d. A central plumbing drain line; and
e. A grease trap and a ventilation shaft for a commercial kitchen hood/exhaust.
35. The development is proposing dwelling units and will provide gross commercial square
footage equivalent to 51% of the gross ground floor area of the building. The project floor plans
include commercial space with between 59’-1” and 89’-8” of depth at any given point along
Level 1. The Applicant is proposing a floor-to-ceiling height of sixteen feet, and a minimum
clear height of ten feet rather than the 18’ and 15’ required, respectively. A condition of
approval will require the Applicant to provide a minimum floor to ceiling height of 16 feet and
a minimum clear height of 15 feet along the portion of the building with a commercial façade.
Revised elevations shall be submitted to the Current Planning Project Manager, and approved,
prior to building permit issuance.
The Applicant will be required to install ADA compliant bathrooms, central pluming drain line,
and a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust. Details of these
ground floor commercial space standards were not submitted with the formal land use
application materials. Therefore, a condition of approval will require the Applicant to provide
building floor plans with details for ADA compliant bathrooms, central pluming drain line, and
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a grease trap and a ventilation shaft for a commercial kitchen hood/exhaust at the time of
Building Permit review for review and approval by the Current Planning Project Manager.
DECISION
The Site Plan Review and Critical Areas Reasonable Use Variance are approved subject to the
following conditions.
1. The Applicant shall comply with the mitigation measures issued as part of the Determination
of Non-Significance Mitigated, dated October 28, 2019.
2. The Applicant shall submit revised architectural plans that provide additional building
modulation or other architectural detailing along the ground floor of the parking garage and
along the bedrooms (levels 2 through 4) facing Bremerton Ave NE. The revised
architectural plans shall be reviewed and approved by the Current Planning Project
Manager prior to Building Permit approval.
3. The Applicant shall grant a private access easement to the CA zoned parcel located to the
east of the project site, specifically parcel no. 1023059117. The access easement document
shall be reviewed and approved by the Current Planning Project Manager and Development
Engineering and shall be recorded prior to Temporary Certificate of Occupancy.
4. The Applicant shall submit revised floor plans and site plan with the building permit
application identifying the location of code compliant bicycle parking meeting the
standards of RMC 4-4-080.F.11, and identify a minimum of fifteen (15) bicycle parking
stalls. The revised floor plans, site plan and bicycle parking details shall be reviewed and
approved by the Current Planning Project Manager prior to building permit approval.
5. The Applicant shall redesign the exposed concrete wall and metal railing along Bremerton
Ave NE to a plaza style design with wall seating and a more pedestrian friendly elements
between the building and the public sidewalk. The revised elevation plans and site plan
shall be reviewed and approved by the Current Planning Project Manager prior to building
permit approval.
6. Weather protection, measuring a minimum of four and one-half feet (4-1/2') wide and a
minimum of three feet (3') deep, shall be provided over the underground parking garage
entrance along Bremerton Ave NE.
7. The refuse and recyclables deposit area location shall be approved by the City of Renton’s
solid waste utility provider (the City partners with Republic Services) prior to building
permit issuance.
8. The Applicant shall submit a refuse and recycling enclosure detail at the time of Building
Permit review for review and approved by the Current Planning Project Manager. The
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refuse and recycling enclosure detail shall demonstrate that the trash enclosure will have
self-closing doors.
9. The Applicant shall install a minimum seven-foot six-inch (7’-6”) tall metal framed green
wall with climbing vines near the parking garage pedestrian entrance located along
Bremerton Ave NE. The Applicant shall submit a green wall detail with the final landscape
plan for review and approval by the Current Planning Project Manager prior to issuance of
the civil construction permit.
10. The Applicant shall maintain a minimum interior pathway width no smaller than five feet
(5') and the entrance walk along NE 4th St shall be increased from seven feet (7’) wide to
twelve feet (12') wide.
11. The Applicant shall include permeable pavement materials for pedestrian walkways, where
feasible, consistent with the 2017 City of Renton Surface Water Design Manual.
12. The Applicant shall provide site furniture that is made of durable, vandal- and weather-
resistant materials that do not retain rainwater and can be reasonably maintained over an
extended period of time. The site furniture details shall be submitted to and approved by the
Current Planning Project Manager prior to building permit approval.
13. The Applicant shall submit a public art plan in order to reduce the apparent size of the
building and add visual interest. The preferred public art plan shall be submitted to and
approved by the Current Planning Project Manager prior to building permit approval.
14. The Applicant shall provide windows within the staircases on the north and south facing
façades. In addition, the Applicant shall increase the percentage of glazing and clear
windows along NE 4th St. Revised elevations showing added glazing and upper story clear
windows shall be submitted to the Current Planning Project Manager, and approved, prior
to building permit issuance.
15. A materials board including material samples and colors coded to the building elevations
shall be provided at the time of Building Permit Review for review and approval by the
Current Planning Manager.
16. If concrete is used for walls and/or columns, the concrete shall be enhanced by techniques
such as texturing, reveals, and/or coloring with a concrete coating or admixture. Treatment
of any concrete walls and/or columns proposed should be included on the materials board
submitted as part of the Building Permit Review.
17. A lighting plan and light fixture details shall be submitted at the time of Building Permit
review for review and approval by the Current Planning Project Manager prior to building
permit issuance.
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18. The Applicant shall provide a floor-to-ceiling height of sixteen feet (16’) and a minimum
clear height of fifteen feet (15') along the portion of the building with a commercial façade.
Revised elevations shall be submitted to the Current Planning Project Manager, and
approved, prior to building permit issuance.
19. The Applicant shall provide building floor plans with details for ADA compliant
bathrooms, central pluming drain line, and a grease trap and a ventilation shaft for a
commercial kitchen hood/exhaust at the time of Building Permit review for review and
approval by the Current Planning Project Manager.
DATED this 19th day of December 2019.
__________________________
Phil Olbrechts
City of Renton
Hearing Examiner
Appeal Right and Valuation Notices
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
hearing examiner’s decision must be filed within fourteen (14) calendar days from the date of the
decision. A request for reconsideration to the hearing examiner may also be filed within this 14-
day appeal period.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.