Loading...
HomeMy WebLinkAbout08-22-2021 - HEX Final Decision - Sunset Gardens1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Sunset Gardens Hearing Examiner Site Plan, Variance and Development Standard Modifications LUA21-000168, SA-H, VAR, MOD RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION Summary The Renton Housing Authority has requested approval of hearing examiner site plan review, a parking variance and several development standard modifications for a four-story mixed-use building composed of 76 affordable housing units with approximately 13,645 square feet of ground floor space for the Renton Housing Authority located at 2900 NE 10th St. The applications are approved subject to conditions. Testimony A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Exhibits Exhibits 1-22 identified at page 2 of the August 17, 2021 Staff Report were entered during the August 17, 2021 public hearing. In addition, the following documents were admitted during the August 17, 2021 public hearing as well: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 2 2 Exhibit 23 Staff power point Exhibit 24 City of Renton COR maps and GIS data Exhibit 25 Google Maps FINDINGS OF FACT Procedural: 1. Applicant. Renton Housing Authority, Mark Gropper, 2900 NE 10th St, Renton, WA 98056. 2. Hearing. A virtual hearing was held on the subject application at 11 am on August 17, 2021, Zoom Meeting ID No. 822 8900 0449. Substantive: 3. Project and Site Description. The Renton Housing Authority has requested approval of hearing examiner site plan review, a parking variance and several development standard modifications for a four-story mixed-use building composed of 76 affordable housing units with approximately 13,645 square feet of ground floor space for the Renton Housing Authority located at 2900 NE 10th St. The existing 13,416 square foot Renton Housing Authority building will be removed. The project site is approximately 1.28 acres. Vehicle access to the subject property would occur from a single driveway connecting to Jefferson Ave NE. The development includes 56 parking spaces and street frontage improvements along NE 10th St and Jefferson Ave NE. There are nineteen (19) significant trees on the subject property all of which are proposed to be removed. The Applicant’s parking variance is to RMC 4-2-120.A, which provides that parking for residential and commercial uses in the CV zone may not be located between the building and a public street unless located within a structured parking garage. The Applicant proposes to place eleven (11) parking stalls between its proposed building and Jefferson Ave NE ROW abutting the east side of the site. The Applicant requests the following four parking modifications: a) RMC 4-4-080.F.8.a, Standard Parking Stall Size for Surface/Private Garage/Carport: The Applicant requests a modification to reduce the minimum size of the standard surface parking stalls from 20-feet by 9-feet to 15-feet x 8-feet. b) RMC 4-4-080.F.8.c, Compact Parking Stall Size and Maximum Number of Compact Spaces: The Applicant is requesting a modification to reduce the minimum size of the surface compact parking stalls from 8.5-feet by 16-feet to 7.5 feet x 12-feet and a modification to exceed the maximum percentage of compact spaces allowed by 11%. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 3 3 c) RMC 4-4-080.F.9.b, Ninety Degree Parking Aisle Minimums: The Applicant is requesting a modification to allow for a 22-foot parking aisle width for a portion of the surface parking lot. d) RMC 4-4-080.F.11.b and 4-4-080.F.11.c, Bicycle Parking Standards: The project requests a modification to the type of bicycle rack provided to allow a portion of the racks to be wall-mounted. The Applicant also seeks a modification to refuse and recycling standards, specifically RMC 4-4- 090.D.1b and RMC 4-4-090.C.10, to reduce the number of refuse/recycling areas from two to one and to allow for a reduced height for the refuse/recycling enclosure. The Applicant seeks a modification to RMC 4-4-040.C.2.d, Retaining Wall Standards – Setback from Public Rights-of-Way and 4-4-040.C.2.f., Grading. Specifically, the Applicant is proposing to install four-foot (4’) tall rockery walls along NE 10th St within the three-foot (3’) required setback area to allow a reduced minimum horizontal distance of level grade abutting a proposed retaining wall near the surface parking area along Jefferson Ave NE, and to allow a retaining wall (new) and rockery wall (existing) to exceed eight-feet (8’) in height. The Applicant seeks a modification to RMC 4-6-060.F.2 to reduce the required street dedication from 1.5 feet to 0 feet for Jefferson Ave. NE and to reduce required pavement width for NE 10 St. to existing pavement width. Finally, the Applicant seeks a modification from RMC 4-4-090 in order to allow the development to not meet three out of five criteria required as part of the Residential Mixed Use Standards in RMC 4-4-150. Specifically, the Applicant is seeking to construct a residential mixed use building without conforming to the following standards: a) 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. The Applicant meets the requirement on the west facade but is proposing approximately 45% of the east façade abutting the Jefferson Ave NE ROW and approximately 50% of the west façade abutting the NE 10th St ROW to be developed for the exclusive use of the residents. b) 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: 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 d. A central plumbing drain line e. A grease trap and a ventilation shaft for a commercial kitchen hood/exhaust. 4. Surrounding Uses. The project site is surrounded on three sides with multi-family housing and commercial development to the west. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 4 4 5. Adverse Impacts. There are no significant adverse impacts associated with the project. Project impacts are more specifically addressed as follows: A. Structure Placement and Scale. As conditioned, the structure placement and scale are not expected to create undue adverse impact on the adjacent residences and is designed to protect privacy and reduce noise for on- and off-site occupants and to maintain compatibility with existing development and surrounding uses. The building provides privacy and noise reduction as a large number of units are oriented towards Jefferson Ave NE, a dead-end road that provides access to the adjacent apartments and commercial uses to the west and north of the site. The exterior common spaces are located behind the building and away from the busier NE 10th St. There are also no occupied roof decks above the second level that could project noise over the adjacent buildings to the larger neighborhood. All noise from exterior common spaces at ground level would be limited and contained by hardscape and landscape features such as planter boxes, trees and weather protection canopies. To provide for compatible scale, the proposed building would be “L” shaped with an outdoor second-story terrace area located on the backside of the building. This design would provide the maximum amount of natural sunlight to both the outdoor common spaces and the residential units above. The other large common open space, a memorial park near the northwest corner of the site, is located behind the west wing of the building and has plentiful access to sunlight due to the orientation of the building. Parking is concentrated between the two wings and provides adequate vehicular access to the site while remaining mostly hidden from the abutting streets. B. Views. No obstruction of existing views of natural features are anticipated, including view corridors to shorelines or Mt. Rainier. There are no significant views for which to maintain visual accessibility and staff received no comments from adjacent properties regarding views. C. Noise, light and glare. As conditioned, the proposal will not create any significant noise, light or glare impacts. A lighting plan was not provided with the application; therefore, a condition of approval requires that a lighting plan be provided at the time of building permit review. Noise impacts are adequately controlled as outlined in Finding of Fact 5A and by virtue of the City’s noise ordinance. D. Screening. As conditioned, unattractive site features will be adequately screened from view. The only surface mounted utility equipment identified in the project plans, a transformer located to the west of the refuse and recycling enclosure building, would be screened from the ROW and adjacent property through the use of landscape screening made up of trees, shrubs, and groundcover. The conceptual landscape plan (Exhibit 9) did not identify the locations of specific plants and therefore staff was unable to determine whether or not the transformer would be adequately screened. In addition, the Applicant did not provide details of roof or surface mounted equipment and/or screening identified for such equipment with the land use application. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 5 5 Therefore, a condition of approval requires that the Applicant to submit a surface mounted utility plan that includes cross-section details with the civil construction permit application. The Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out of public ROW view, active common open spaces, and they shall not displace required landscaping areas. The plan shall provide and identify screening measures consistent with the overall design of the development. In addition, a condition of approval requires that the Applicant submit a rooftop equipment exhibit with the elevation plans associated with the building permit application. The exhibit shall provide cross section details and identify proposed rooftop screening that is integral and complementary to architecture of the buildings. E. Natural Features. The proposal will not adversely affect any natural features. There are no natural features on the site that will be adversely affected by the proposal. The only critical area on-site is a moderate landslide hazard and sensitive slopes. Moderate cutting is proposed on the site in order to utilize the slope of the site to screen the structured parking and provide a better pedestrian experience. Most of the existing vegetation on the subject property will be removed during construction, however, the development would result in a significant number of street trees and new ground level landscaping including at grade shrubs and trees as well as above grade planter boxes. F. Landscaping. Aesthetic, noise, light and privacy impacts will be minimized by existing and proposed landscaping. The Applicant will provide required 10-foot wide street frontage landscaping along NE 10th St and Jefferson Ave NE. The Applicant has also proposed a heavily landscaped memorial garden area at the rear of the building and a second-floor terrace with incorporated planter boxes that will help reduce the scale of building, reduce light spillage and increase privacy for both residents and neighbors G. Critical Areas. The proposal will not create significant adverse impacts to critical areas. The only critical areas affected by the proposal are geologically hazardous areas. The City’s COR maps has identified the site containing a Moderate Landslide Hazard Area and Sensitive Slopes (15-40%). The geotechnical engineer anticipates that the western portion of the proposed structure may be supported with a conventional foundation system and the southeast portion of the proposed structure may be supported by deep foundation elements such as driven piles, provided the recommendations presented in the report are followed. In addition, the geotechnical engineer anticipates that proposed development would not have adverse impacts on adjacent properties provided the same recommendations are followed. The recommendations of the geotechnical report are made conditions of approval. H. Compatibility/Overconcentration. The proposal is compatible with surrounding uses and does not represent an overconcentration of use. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 6 6 The proposed building is four stories and generally consistent with the scale of existing buildings in the commercial area in the surrounding Sunset neighborhood. A three-story apartment building across NE 10th St and a four-story across Jefferson Ave NE are of similar size and scale to the proposed development. The building includes pedestrian-scale features along all frontages and is oriented to the abutting streets. As affordable housing, the proposal does not represent an overconcentration of use in the area. I. Variance Impacts. Approval of the requested variance to RMC 4-2-120.A would not adversely affect surrounding properties or the environment. The portion of the surface parking lot between the building and the street will be mostly hidden from view due to the substantial grade change created by an existing 12-foot tall rockery wall abutting the east property line. The grade change created by the site’s topography combined with the ample landscaping proposed as part of both the planter strip and on-site perimeter parking lot landscaping will substantially screen the surface parking lot from view and limit impacts to neighboring properties. 6. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The proposal will be served by adequate water and sewer. Water and sewer service will be provided by the City of Renton. B. Fire and Police. The proposal will be served by adequate police and fire service. Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development if the Applicant provides Code required improvements and fees. C. Drainage. Adequate drainage facilities are proposed. The Applicant submitted a preliminary drainage plan proposing a drainage system in conformance with the 2017 Renton Surface Water Design Manual (RSWDM). The report indicates the on-site site catch basins would discharge stormwater into an existing 12-inch stormwater main in the Jefferson Ave NE ROW as well as an existing 12-inch stormwater main in NE 10th St ROW. However, the site would be required to provide Best Management Practices meeting enhanced basic water quality standards for new pollution-generated surfaces. The Applicant has proposed to provide limited infiltration for the new pollution generating impervious surfaces via two bioretention planters to be installed on-site between the building’s west façade and the Jefferson Ave NE ROW. Due to the Applicant proposing to locate the planters partially within the on-site 10-foot landscape strip, a condition of approval requires that the Applicant located the planters outside of required 10-foot landscape strip. D. Parks/Open Space. As conditioned, the proposal provides for adequate and appropriate parks and open space. 50 square feet of open space per dwelling unit is required of the project. The Applicant proposes 76 dwelling units and therefore 3,800 sq. ft. of common open space is required (76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 7 7 units x 50 sq. ft. = 3,800 sq. ft). The Applicant has proposed to provide common open space in excess of 50 sq. ft. per unit. The site plan and landscape plan (Exhibits 2 and 9) identify a memorial garden area on the north side of the site between the building and parking lot access drive. The garden area incorporates concrete walkways with connection to a central focal feature, raised mounds with seat walls, and a mix of ground cover, shrubs, and trees. The passive recreation area would provide approximately 2,800 sq. ft. of common open space. As shown on the site plan (Exhibit 2), the Applicant also proposes a 3,500 sq. ft. second level outdoor terrace with adjoining 1,100 sq. ft. common room. The terrace area would include seating areas, a variety of vegetation and raised planters, and a tenant gardening area. Other ground floor amenity areas include built in seat benches in the public plaza adjacent to the southwest corner of building and substantial landscaped areas between the building and the Jefferson Ave NE ROW to the west of the building. In order to ensure the common open space elements meet the intent of the standard, which is provide usable and inviting open space that is accessible to the public, a condition of approval requires the Applicant to submit details and manufacturers specifications for all common open space programming elements Landscape Plan (Exhibit 9). E. Transportation. The proposal provides for adequate and appropriate transportation facilities. Access to the site would be provided via a single 20-foot wide driveway off of Jefferson Ave NE. The proposal provides a safe and efficient circulation pattern for both vehicles and pedestrians within the site. The Applicant has consolidated the vehicle access to one driveway on Jefferson Ave NE. Vehicles within the internal parking lot are provided with adequate driveway aisles for maneuvering in and out of the lot. Pedestrian connections from the street to the primary and secondary building entrances will be provided as well as a concrete pathway adjacent to the parking area that will provide safe passage for pedestrians accessing the outdoor park area or secondary entrances. Emergency vehicle access can be accommodated via the two abutting streets. See Location and Consolidation discussion above and Pedestrian discussion below. The proposal also provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties. The Applicant is proposing to access the ground level parking via a single curb cut off of Jefferson Ave NE. Site improvements include a new 8- foot wide sidewalk along NE 10th St, a new 6-foot wide sidewalk along Jefferson Ave NE, and two at grade entrance points for both the RHA offices on the ground floor and the residences above. Extensive weather protection and a plaza at the southwest corner of the building result in an enhanced pedestrian experience for visitors or passersby. Due to the nature of the proposed uses, frequent large deliveries will not likely occur. Loading and delivery would be available on Jefferson Ave NE on the west side of the building where traffic is minimal due to the dead-end nature of the street. Onsite loading and delivery access could also be provided in the surface parking accessed via Jefferson Ave NE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 8 8 No information or stripping was designated for loading and delivery onsite. If a separate loading and delivery area from parking and pedestrian areas is proposed onsite, the Applicant may include the loading and delivery area details with the civil construction plan for review. Congestion and other traffic impacts were assessed in the Applicant’s traffic study, Ex. 14. The report found that the proposal would generate 181 new weekday daily trips, 31 new AM peak hour trips and 19 new PM peak hour trips. The report found that no off-site mitigation was necessary as all affected intersections would operate at LOS A or B after construction. System-wide trip generation would be mitigated by payment of transportation impact fees. A Transportation Impact Fee, based on the City of Renton Fee Schedule would be applicable to the proposal. The proposal has also passed the City’s Traffic Concurrency Test per RMC 4-6-070.D (Exhibit 16), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, and future payment of appropriate Transportation Impact Fees. F. Transit and Bicycles. The proposal provides for adequate and appropriate transit and bicycle facilities. Per RMC 4-4-080F.11.a bicycle parking spaces are required at 10% of the number of required off-street parking spaces for the RHA on-site service and 0.5 spaces per unit for the residential uses. The Applicant is proposing 56 off-street parking spaces and 76 dwelling units, which requires 44 bicycle parking spaces. The Applicant has proposed a total of 45 bicycle parking spaces for the development including 40 in a separate room contained within the structured parking garage and five (5) in front of the building’s primary entrance on Jefferson Ave NE. A transit stop is located abutting the subject property on NE 10th St. The stop services King County Metro route 111 which provides service between Lake Kathleen and downtown Seattle. In order to avoid conflicts with the transit stop during site development, a condition of approval requires that the Applicant coordinate with King County Metro prior to submitting construction permits to identify any needed accommodations for the abutting transit stop on NE 10th St that need to occur during construction of the site. G. Parking. The proposal provides for adequate and appropriate parking. Parking regulations for low income attached dwellings are a minimum of 1 for each 4 dwelling units with a maximum of 1.75 per dwelling unit allowed. Parking regulations for on-site services require a minimum and maximum of 3 per 1,000 sq. ft. Based on a total of 76 - low income attached dwelling units, the Applicant is required to provide a minimum of nineteen (19) spaces (76 / 4) and a maximum of 133 spaces (76 x 1.75). Based on a total on- site net floor area of 10,483 sq. ft., the Applicant is required to provide 32 spaces for the RHA offices. Therefore, based on the square footage and number of attached units, the Applicant is required to provide a total number of spaces between 51 (32 + 19) and a maximum of 166 (3+ 133) in order to meet code. The Applicant proposed a total of 56 parking spaces onsite 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 9 9 (29 standard stalls, 24 compact stalls and 3 ADA stalls) including 23 spaces for the attached units and 32 spaces for the on-site service. A total of twenty (20) structured or tuck-under parking stalls are available for the residential units. Per RMC 4-4-080.E.3, a joint use parking agreement is required for parking facilities authorized to serve multiple uses in order allow commercial users of the building to utilize the residential parking spaces during off-peak times and vice versa. Therefore, a condition of approval requires the Applicant to provide a joint use parking agreement for the residential and on-site service uses on the site. In addition, to ensure a minimum of nineteen (19) structured or tuck-under stalls are designated for the exclusive use of the residential units in the building, a condition of approval requires that the Applicant mark the designated stalls with paint, signage, or an alternative method approved by the Current Planning Project Manager. H. Schools. The proposal makes adequate provision for schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Highlands Elementary School, McKnight Middle School, and Hazen High School. Except for the elementary school students, any new students from the proposed development would be bussed to their schools. The school bus stop is located approximately 0.3 miles from the project site at NE 9th St and Harrington Ave NE (NW corner). The proposed project includes the installation of frontage improvements along the NE 10th St project frontage, including sidewalks. All students would walk east along NE 10th St, south along Kirkland Ave NE, and west along NE 9th St to access the bus stop. Existing sidewalks are available for the entire route on both sides of the street and marked crosswalks are available at all intersections where street crossings are necessary. Elementary school students would access Highlands Elementary School using the same route. A School Impact Fee, based on the City of Renton Fee Schedule would ensure that the Applicant pays its pro-rata share for school improvements necessitated by the proposal. 7. Special Circumstances. Special circumstances justify the need for the Applicant’s parking variance. Those circumstances are composed of the curvature of the adjoining Jefferson Ave NE and the fact that the project site is bounded on three sides by streets. The majority of the proposed parking is tucked behind the building. However, since the project site is bounded by street frontage on three sides with only a small portion of the perimeter not abutting a street, it isn’t possible to prevent all required parking from abutting street frontage, given the limited area available for the parking. Conclusions of Law 1. Authority. The hearing examiner has final decision-making authority on the consolidated applications subject to this decision, subject to closed record appeal to the City Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 10 10 RMC 4-8-080(G) classifies hearing examiner site plans as Type III applications, variances as Type II applications and development standard modification as Type I applications. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under “the highest-number procedure.” Consequently, the consolidated master site plan, preliminary plat and street modification applications are subject to Type III review. As outlined in RMC 4-8-080(G), Type III review is subject to hearing and final decision by the hearing examiner, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations/Design District. The subject property is zoned Center Village (CV) and has a comprehensive plan land use designation of Commercial Mixed Use (CMU). The property is also located in the Urban Design District “D” Overlay. 3. Review Criteria. RMC 4-9-200B2c requires hearing examiner site plan review for commercial projects abutting residentially zoned property in the CV district. Site plan review criteria are governed by RMC 4-9-200(E)(3). Variance criteria are governed by RMC 4-9-250(B)(5). All applicable site plan and variance criteria are quoted below in italics and applied via associated conclusions of law. The modification requests identified in Finding of Fact No. 3 are governed by RMC 4-9-250(D). All of the modification requests are concluded to meet all applicable review criteria for the reasons identified in Staff Report Findings No. 23-27. Site Plan RMC 4-9-200(E)(2). Level of Detail: a. Master Plans: For master plan applications, the Administrator will evaluate compliance with the review criteria at a level of detail appropriate for master plans. Master plans will be evaluated for general compliance with the criteria and to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the criteria. b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3- 2012) 4. The staff report and this Decision analyze the proposal in the detail required b y the criterion above. RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 11 11 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. 5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in Finding No. 171 of the staff report. The proposal is consistent with the zoning code as outlined in Finding No. 18 of the staff report. The proposal is located in Design District “D” and consistent with Design District “D” development standards as outlined in Finding No. 19 of the staff report. The Environmental Review Committee (ERC) reviewed the Sunset Gardens application and issued a Concurrence Memo designating the proposal a planned action (Exhibit 1) and therefore the project does not require any further SEPA review. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and 1 References to findings in the staff report are designed by “Finding No. _____.” References to findings from this recommendation are “FOF No. _____.” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 12 12 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are significantly adverse. Specifically, massing of structures is addressed by FOF No. 5(A), circulation and loading areas by FOF 6(E), views by FOF 5(B), landscaping by FOF No. 5(F) and lighting by FOF 5(C). RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly adverse. Structure placement and scale is addressed in FOF No. 5(A). Extensive landscaping is required of the project as described in FOF No. 5(F) and this landscaping will serve to provide shade and privacy, define open spaces and generally improve upon aesthetics as required by the criterion quoted above. 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 13 13 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. 8. The criterion is met. As outlined in FOF No. 6(E), access is consolidated into a single street connection to Jefferson Ave NE. The proposal will provide for safe and efficient internal circulation and pedestrian connections as determined in FOF No. 6(E). Loading and delivery will be separated from parking and pedestrian areas as outlined by a separate access point as outlined in FOF No. 6(E). The proposal will be served by adequate transit and bicycle facilities as determined in FOF No. 6(F). 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. 9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in FOF 6(D). RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 10. The criterion is met. As determined in FOF No. 5B, there are no significant views for which to maintain visual accessibility. There are also no shorelines in proximity to the project site. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 11. The criterion is met for the reasons identified in FOF No. 5E and 5G. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 12. The criterion is met. The project is served by adequate services and facilities as determined in FOF No. 6. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 13. The project does not involve any phasing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 14 14 Variance RMC 4-9-250(B)(5)(a): That the Applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, 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 enjoyed by other property owners in the vicinity and under identical zone classification; 14. The criterion is met due to the special circumstances of the project site as determined in FOF No. 7. Strictly imposing RMC 4-2-120A would deprive the Applicant of rights and privileges enjoyed by others because the unique site conditions identified in FOF No. 7 would render compliance cost prohibitive by necessitating an additional story of structured parking. RMC 4-9-250(B)(5)(b): 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; 15. The criterion is met for the reasons identified in FOF No. 5I. RMC 4-9-250(B)(5)(c): That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; 16. The criterion is met. There is no special privilege as the variance is necessary to enable the Applicant to accommodate required parking in a feasible manner, a privilege enjoyed by all other developers. 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. 17. The criterion is met. Staff have determined that the proposed variance is the minimum necessary to reasonably facilitate compliance with the City’s parking standards and this finding is consistent with the site restrictions of the project site. DECISION For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the Applicant’s site plan, development modifications and variance are met by the proposal and the applications are approved subject to the following conditions of approval: 1. The Applicant shall submit a detailed landscaping plan with the civil construction permit that provides those items noted in RMC 4-8-120D.12 and a detailed irrigation plan. The plan shall also clearly identify the 10-foot wide onsite street frontage landscaping along 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 15 15 Jefferson Ave NE that is displaced by the stormwater facilities as currently shown. The stormwater facilities may be integrated into the street frontage landscaping however the required frontage planting shall take priority and if the street frontage landscaping and stormwater facilities are unable to comingle, the facilities shall be relocated outside of the required street frontage landscaping area. The detailed landscaping plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 2. The Applicant shall submit a detailed landscape plan with the civil construction permit application that identifies the replacement trees meeting the replacement requirements of RMC 4-4-130. The landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 3. The Applicant shall clearly indicate on the detailed landscape plan submitted with the civil construction permit application how the plan meets the 10% tree replacement requirements including but not limited to the 50% credit limitation provided for those trees that are required pursuant to RMC 4-4-070. If onsite replacement for the trees is not practical, then payment into the City’s Urban Forestry Program fund may be approved for those trees that cannot be accommodated onsite. The detailed landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 4. The Applicant shall provide a joint use parking agreement for the residential and on-site service uses on the site. The joint use agreement shall be provided to the Current Planning Project for review and approval prior to the issuance of a Temporary or Final Certificate of Occupancy. 5. The Applicant shall reserve a minimum of nineteen (19) structured or tuck-under stalls for the exclusive use of the residential units in the building. The Applicant shall mark the designated stalls with paint, signage, or an alternative method approved by the Current Planning Project Manager. The method proposed shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 6. The Applicant shall submit a surface mounted utility plan that includes cross-section details with the civil construction permit application. The Applicant shall work with franchise utilities to ensure, as practical, utility boxes are located out of public ROW view, active common open spaces, and they shall not displace required landscaping areas. The plan shall provide and identify screening measures consistent with the overall design of the development. The surface mounted utility plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 7. The Applicant shall submit a rooftop equipment exhibit with the elevation plans associated with the building permit application. The exhibit shall provide cross section details and identify proposed rooftop screening that is integral and complementary to architecture of the buildings. The exhibit shall be reviewed and approved by the Current Planning Project Manager. 8. The Applicant shall submit a detailed landscape plan that incorporates additional trees and/or shrubs between the sidewalk and ground floor residential units along NE 10th St. The 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 16 16 detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager to civil construction permit approval. 9. The Applicant shall submit revised exterior elevations with the building permit application that provide additional primary entry elements that are prominent and visible from the street. Entry elements may include but are not limited to, additional architectural articulation, an alternate facade that provide differentiation in material and/or color from other portions of the building, pedestrian level lighting, or other identifying visual features as approved by the Current Planning Project Manager. The revised elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 10. The Applicant shall submit a detailed landscape plan that identifies the pedestrian-scale landscaping requirements of RMC 4-3-100.E.2, including the species and spacing of individual plants, for the perimeter parking lot landscaping area near the southeast corner of the site. The landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to civil construction permit approval. 11. The Applicant shall incorporate additional raised planters or other architectural elements approved by the Current Planning Project Manager near the two primary front entrances off of NE 10th St in lieu of the proposed at-grade landscape strips shown on the conceptual landscape plan (Exhibit 9). Such elements shall be shown on the detailed landscape plan submitted with the civil construction permit to be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 12. The Applicant shall submit details and manufacturers specifications for all common open space programming elements Landscape Plan (Exhibit 9). The details and specifications shall be identified on the detailed landscape plan to be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 13. The Applicant shall submit details or manufacturers specifications for the proposed seat benches and other furniture shown on the Landscape Plan (Exhibit 9). The site furniture and other sitting amenities shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 14. The Applicant shall submit revised elevation plans with the building permit application that shows a minimum of one (1) additional prominent corner feature such as a parapet extension, wrapped glazing, unique weather protection, and/or alternative elements approved by the Current Planning Project Manager. The revised elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 15. The Applicant shall submit a revised east elevation which includes a minimum of 50% glazing along the ground floor between 4 feet and 8 feet above ground on the wall of the structured parking garage, or, indicate on a revised elevation how the elevation meets the intent of the standard’s guidelines. Alternatively, the Applicant may propose additional landscaping in front of the façade that would provide visual interest and mitigate the visual impact of the blank wall. The revised east elevation and/or landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 17 17 The Applicant shall provide one (1) additional roof element that breaks up the massiveness of uninterrupted roof line and provides additional visual interest. The revised building elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 16. The Applicant shall provide one additional roof element that breaks up the massiveness of uninterrupted roof line and provide additional visual interest. The revised building elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 17. The Applicant shall utilize an alternative color scheme for the brick veneer. The Applicant shall submit revised elevation plans with the building permit application that shows an alternative brick color with higher contrast. The revised elevations shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 18. The Applicant shall submit a materials board with the building permit application that provides samples of exterior cladding materials that are proposed on the building. The materials board shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 19. The Applicant shall submit a lighting plan with the building permit application that adequately provides for public safety and creates visual interest to the building and site. Pedestrian scaled lighting shall be provided at the primary entrance and accent lighting on building facades. The parking area shall also contain adequate lighting to ensure safety and security. The lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 20. The Applicant shall coordinate with King County Metro prior to submitting construction permits to identify any needed accommodations for the abutting transit stop on NE 10th St that need to occur during construction of the site. Evidence of the coordination with King County Metro and the accommodation(s) shall be shown on the civil construction permit plans to be reviewed and approved by the Current Planning Project Manager prior to permit issuance. 21. The material used for the proposed plaza areas shall be scored and the connections in the parking lot shall be constructed of concrete or comparable alternative material. The scoring and material composition of the interior pedestrian pathways and plaza areas shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit approval. 22. The Applicant shall comply with the recommendations of the geotechnical report prepared by Otto Rosenau & Associates, dated April 16, 2021 or future addenda. 23. The Applicant shall incorporate a concrete pathway connection across the access driveway that connects pathway on the west side of the parking lot with the concrete pad adjacent to the trash and recycling enclosure. The pathway shall be made of a contrasting material and color and shall be a minimum of five (5) feet wide. The pathway shall be shown on revised landscape plans submitted with the civil construction permit to be reviewed and approved 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SITE PLAN, VARIANCE AND MODIFICATIONS CAO VARIANCE - 18 18 by the Current Planning Project Manager prior to permit issuance. The Applicant shall also install pedestrian scale lighting on each side of the access driveway and at the refuse and recycling enclosure in order to provide additional visibility for users. The Applicant shall submit a lighting plan with the building permit application that includes the required pedestrian-scale lighting near the pathway crossing the driveway. The lighting plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 24. The Applicant shall utilize a concrete seat wall in lieu of the proposed rockery wall adjacent to NE 10th St to the extent that the concrete seat can be accommodated without exposing the garage wall to public view. The purpose of the seat is to provide an additional pedestrian-scale feature on along a primary façade. The details and specifications of the seat wall shall be identified on the detailed landscape plan to be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. 25. The Applicant shall demonstrate compliance with the four standards under FOF 26, Criterion B, related to the stability of the existing retaining wall and access to the adjacent parcel, via a written report prior to issuance of a Temporary or Final Certificate of Occupancy. The report shall be reviewed and approved by the Current Planning Project Manager. 26. The Applicant shall install a curb bulb at the northeast corner of the intersection of NE 10th St and Jefferson Ave NE near the southwest corner of the site in order to improve pedestrian safety. The curb bulb shall indicated on the roadway plans to be submitted and reviewed at the time of civil construction permit application. Decision issued August 22, 2021. Hearing Examiner Appeal Right and Valuation Notices 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.