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HomeMy WebLinkAboutHEX Decision & Appendix A - LUA-25-000077 Fountain of CUP Decison1 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 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Phil Olbrechts, Hearing Examiner RE: Fountain of Hope Ministries International Church Conditional Use Permit File No. LUA25-000077 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION\ SUMMARY Fountain of Hope Ministries International Church is requesting approval of a conditional use permit for the change of use of an existing building located at 300 S 3rd St, Renton. The application is approved subject to conditions. ORAL TESTIMONY A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is not intended to provide a precisely accurate rendition of testimony but generally identifies the subjects addressed during the hearing. The transcript is provided for informational purposes only as Appendix A. EXHIBITS Exhibits 1- 18 listed on page 2 of the staff report dated July 8, 2025, were admitted into the record at the July 8, 2025, public hearing. FINDINGS OF FACT Procedural: 1. Applicant. Nhi Nguyen & Toan Ngo, 18312 112th Ave SE, Renton, WA 98055 2. Hearing. A virtual hearing was held on July 8, 2025, at 11:00 am. Substantive: 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 3. Project Description. The applicant is requesting a Hearing Examiner Conditional Use Permit and Environmental (SEPA) Review for the change of use of an existing building located at 300 S 3rd St, Renton, into a religious institution. The project site totals 27,666 square feet (0.64 acres) in area. The existing building totals 7,005 square feet with 23 surface parking stalls. No expansion of the existing building is proposed. The proposal would include converting the existing garage into a community outreach support space with a recreation area, commercial kitchen, shower, and two (2) bathrooms. The commercial kitchen would also provide space to expand meal service and food pantry. A portion of the existing parking lot and pavement space is proposed to be developed with picnic tables, a gardening space, and an outdoor futsal/basketball court. The futsal and basketball court would be used for parking during church services. A church use was previously permitted temporarily under Temporary Use Permit (LUA10-062) that was granted on September 20, 2010, and expired September 20, 2011. 4. Surrounding Uses. Surrounding land uses to the north, south and west are composed of the following. Area Land Use Designation Zoning Existing Use Project Site Commercial Mixed- Use (CMU) Center Downtown (CD) Urban District A Funeral Home North Commercial Mixed- Use (CMU) Center Downtown (CD) Multi-Family Residential South Commercial Mixed- Use (CMU) Center Downtown (CD) Multi-Tenant Retail Building East Commercial Mixed- Use (CMU) Center Downtown (CD) Harambee Church West Commercial Mixed- Use (CMU) Commercial Arterial (CA) Retail Uses 5. Adverse Impacts. There are no significant adverse impacts associated with the project. A Determination of Non-Significance (DNS) was issued for the proposal on June 2, 2025. Pertinent impacts are more specifically addressed as follows: A. Critical Areas. According to City of Renton (COR) Maps, high seismic hazard areas and Downtown Wellhead Protection Area Zone 2 are mapped on the project site. The City’s critical areas regulations don’t require any mitigation in these areas because the site is already developed and the proposal doesn’t involve any toxic or hazardous chemicals. B. Public Services. 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 1) Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. Fire impact fees for a church use will be imposed during building permit review. 2) Storm Water: The site is already served by stormwater facilities since it is already developed. There are no land disturbing activities proposed; therefore, the proposal would not be subject to compliance with the surface water regulations. 3) Water: The existing three-quarter inch (¾”) water service may be retained for the proposed change of use. A utility plan showing a DCVA installed downstream of the existing three-quarter inch (¾”) water service would be required at the time of Civil Construction or Building Permit review. The development is subject to applicable water system development charges (SDC). Fees will be charged based on the applicable rate at the time of Civil Construction or Building Permit issuance. The SDC fee for water is based on the size of the new domestic water to serve the project. The 2025 water fee is $4,850.00 per 1-inch (1”) meter. 4) Sanitary Sewer: The development will be subject to a wastewater system development charge (SDC fee) if upgrading or additional domestic water meters are proposed. SDC fee for sewer is based on the size of the new domestic water to serve the project. Fees will be charged based on the rate in effect at the time of construction permit issuance. The current sewer fee for a one-inch (1”) meter is $4,025.00 per meter, a one and one-half inch (1-1/2”) meter is $20,125.00 and a two-inch (2”) meter is $32,200.00. C. Traffic. The proposal is not anticipated to result in new transportation impacts to the city’s transportation system. A Traffic Impact Analysis was not required to be submitted with the application materials as the proposal would not generate 20 new AM or PM peak hour trips. The project proposal was subjected to the Transportation Concurrency Test (Exhibit 10). The proposed development is anticipated to generate a decrease of approximately one (1) weekday daily trip. During the weekday AM peak hour, the project would generate a decrease of 51 weekday AM peak hour trips (25 in, 26 out). During the weekday PM peak hour, the project would generate a decrease of approximately one (1) net new trip (1 in, -2 out). The proposed project passes the City of Renton Traffic Concurrency Test. City staff determined that the existing site layout provides for the safe movement of vehicular and pedestrian access onto the project site. There are existing pedestrian connections between S 3rd St and Shattuck Ave S and the building entrance on the south building facade. The primary vehicular entry to the site would occur via the existing curb cut off Shattuck Ave S to the parking lot. There is a secondary vehicular access off S 3rd St also via an existing curb cut. 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 D. Landscaping. Existing, mature landscaping is located on the project site. Existing landscaping is comprised of primarily lawn and mature ornamental shrubs. Two (2) trees are located onsite and there are also existing mature street trees in grates along the S 3rd St and Shattuck Ave S frontages. As the proposal does not include the construction of a new building, or an addition to an existing building, the proposal would be exempt from all but the maintenance requirement of the Landscaping Regulations in accordance with RMC 4-4-070. As shown in the staff report aerial photograph, all undeveloped areas ae landscaped. E. Tree Retention. There are two (2) existing trees located on the project site, and no trees are proposed for removal. Therefore, the proposal would retain 100% of all existing trees onsite, which would comply with the tree retention requirements. F. Parking. The proposed project includes the change of use of an existing building from a funeral home to a religious institution. No new buildings or building additions are proposed, therefore other than compliance with the Parking Lot Design Standards, the proposed project would be exempt from compliance with the Parking Regulations. The applicant indicates that up to 100 people may attend church services. Based on the seating requirements for 100 people, a minimum and a maximum of 20 parking spaces would be required. The existing surface parking lot includes 23 parking spaces, two (2) of which would be ADA accessible. It appears that the existing parking would be sufficient for the proposed religious institution. G. Noise, Light & Glare. The proposal will not generate noise, light, and glare impacts that would unduly impact the surrounding neighborhood. If any light fixtures are installed or replaced, a lighting plan in compliance with City light standards would be required. CONCLUSIONS OF LAW 1. Authority. RMC 4-8-080(G) provides that hearing examiner conditional use permit review and variances are Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. The property is zoned Center Downtown (CD); Urban District A. The Comprehensive Plan Commercial Mixed-Use (CMU). 3. Review Criteria. Hearing examiner conditional use permits are required for religious uses in the R-10 zone per RMC 4-2-060G. Conditional use criteria are set by RMC 4-9-030. 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 CONDITIONAL USE The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors for all applications: RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 4. Criterion Met. The criterion is met. The proposal is consistent with the City’s development standards and comprehensive plan for the reasons identified in Sections 14 and 15 of the staff report. RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. 5. Criterion Met. The criterion is met. There is another church nearby but the proposal is limited to a congregation of less than 100 people so traffic impacts and the like associated with the timing of religious activities and services is nominal and not detrimental. RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 6. Criterion Met. The criterion is met for the reasons identified in Finding of Fact No. 5. RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 7. Criterion Met. The criterion is met. The proposal involves an existing building with nominal exterior alterations so the proposal will no structural impacts to compatibility with scale and character. The proposal will otherwise not create any compatibility impacts because of its modest size and no significant impact as outlined in Finding of Fact No. 5. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. Criterion Met. The criterion is met for the reasons identified in Finding of Fact No. 5.F. RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 9. Criterion Met. The criterion is met for the reasons identified in Findings of Fact No. 5.C. 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 RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 10. Criterion Met. The criterion is met As determined in Findings of Fact No. 5.G, the proposal will not create any significant noise, light and glare impacts. RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 11. Criterion Met. The criterion is met as determined in Finding of Fact No. 5.D. DECISION As conditioned below, the proposed Conditional User Permit conforms to all required criteria for approval for the reasons detailed in the Conclusions of Law above. The conditions necessary to assure compliance and required by this Decision are as follows: 1. Any residential occupants of the church building shall be limited to clergy members in leadership positions of the Fountain of Hope Ministries International Church. 2. The use restriction recorded on title shall be removed from the property, if funeral services or any other restricted uses are proposed to be included as accessory to the proposed primary religious institution use. 3. The applicant shall submit a site plan and screening detail at the time of Building Permit review showing the proposed location, size, and method of screening for a refuse and recycling deposit area. The revised site plan and screening detail shall be submitted to the Current Planning Project Manager for review and approval. Dated this 21st day of July 2025. ______________________________ Phil Olbrechts, City of Renton Hearing Examiner Appeal Right and Valuation Notices 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 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications 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. Appendix A - Fountain of Hope 7 (Completed 07/08/25) Transcript by Rev.com Page 1 of 5 Appendix A July 8, 2025, Hearing Transcript Fountain Hope Ministries International Church Conditional Use Permit File No. – LUA25-000077 Note: This is a computer-generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available from the City should anyone need an accurate rendition of the hearing testimony. Speaker 1 (00:00): Recorder is going Speaker 2 (00:06): Recording in progress. Speaker 1 (00:07): There we go. Yeah, that comes in nice and loud. Alright. Good morning everybody. It's July 8th, 2025, 11:00 AM I'm alb Break the hearing examiner for the City of Renton holding a hearing this morning on a conditional use permit application for the Fountain of Hope Ministries International Church. They'll be taking up the space of an existing building. This is PR 25 dash 0 0 0 0 2 3. The hearing format today is we'll have a presentation from staff and it looks like that's Ms. Dingus. It will give us an overview of the project once she's finished, then we'll move on to applicant comments. Anyone on the applicant team who wants to speak in favor of their project, they'll have that chance. After that, then we'll move on to public comments and that'll be anybody else who wants to speak and that would include if there are attending members of the church or something that want to say something, that'd be your chance. After all that, we'll go back to Ms. Sting to answer any questions people had and to present any rebuttal evidence she finds necessary. Then applicant gets final word, they get final chance to present rebuttal evidence and make final comments. And after that I get a couple weeks, 10 business days to issue a final decision. So by state law I'm only allowed to consider evidence that's put into the record. And I'm going to share my screen real quick too. (01:26): Pardon? Speaker 2 (01:27): I have them ready. Speaker 1 (01:28): Oh, okay. You go ahead then. Sure. Alright, so there we go. We got a total of 11 documents. The first, is it the environmental review committee report? That was to determine whether an environmental impact statement was necessary for the project or any environmental impacts had to be mitigated and we have plans for the design of the remodel, that kind of thing. Utilities, we have the environmental review determination, which was no environmental impact statement was necessary. We have Appendix A - Fountain of Hope 7 (Completed 07/08/25) Transcript by Rev.com Page 2 of 5 comment letters from the Duwamish tribe and the city response comment letter from the wastewater treatment division of King County Transportation Analysis and City Responses to the King County Wastewater Treatment Division. So total of 11 documents at this point. Just need to ask if anyone needs to see any of these documents or has any objection to their entry. No, we got a few more there. The staff report that determination, nons significance, that's the determination. (02:23): No environmental impact statement is necessary. And we have a project narrative that goes over what the project is about. Title reports, how the criteria for conditional use are met and then some hearing notices. Alright. And then do you still have more Ms Cisneros? The other three? Yeah, there we go. The staff PowerPoint, the City of Renton Maps, which is available at the website for the project site and then Google Earth as well, which gives us aerial maps. So all that, that's all the information Ms. Sting found necessary to support her recommendation and for me to review. Does anyone need to see any of those documents or have any objections to their entry in the record? If you do, just click on the raise hand button at the bottom of your screen and let's see if there are any takers there. I'm not seeing any objections or request to see, which is pretty standard. So we'll go ahead and admit exhibits one through 18, Ms. Thing, I'll swear you in at this point. Just raise your right hand. Do you swear affirm to tell the truth, nothing but the truth in this proceeding? I Speaker 3 (03:17): Do. Speaker 1 (03:17): Okay, great. Go ahead. Speaker 3 (03:20): Thank you Mr. Examiner. See I'll, okay, hopefully you all are seeing my PowerPoint presentation. Please speak up if you are not, it's not, what is it coming up as? Speaker 2 (03:58): All right, let me try again. Let's try this. Speaker 1 (04:18): There you go. Great. Speaker 3 (04:20): Is that working now? Speaker 1 (04:21): Yes. Speaker 3 (04:22): Okay, excellent. So good morning everyone. My name is Jill Ding. I am a senior planner here with the city of Renton and I am here to present the staff recommendation for the Fountain of Hope Ministries International Church. That is file number LU a 25 dash 0 0 0 7 7. Just to start off with a brief description Appendix A - Fountain of Hope 7 (Completed 07/08/25) Transcript by Rev.com Page 3 of 5 of the proposal, the applicant is requesting a hearing examiner conditional use permit to establish a religious institution in downtown Renton at 3 0 3 South third Street. The project site is currently zoned center downtown or cd. It is about 0.64 acres in area and is comprised of a total of two parcels, high seismic hazard areas and a downtown wellhead protection area. Zone two are mapped on site. (05:25): The proposal would include the reuse of an existing 7,005 square foot former funeral home. The retention of an existing 23 surface stall parking lot, the conversion of an existing garage into a community outreach support space and access would remain via existing curb cuts off of Shaddock Avenue South as well as South third Street. A 14 day public comment period began on April 8th, 2025 and ended on April 22nd, 2025. We received comments from the Duwamish tribe as well as the King County Wastewater treatment Division. The Environmental Review Committee issued a CPA determination of non-significant on June 2nd, 2025. Staff has reviewed the request and found that the proposal would be consistent with the relevant comprehensive plan land use policies. It would compliant with all relevant zoning regulations if all conditions of approval are complied with and the proposal would be compliant with the CUP criteria if all conditions of approval are complied with availability of public services. The application was routed. Police and fire prevention staff indicate that sufficient resources exist to furnish services to the proposed development. Water service is provided by the city of Renton Sewer services also provided by the city of Renton. There are no land disturbing activities proposed as all the work proposed is generally internal to the site. So it would not be subject to surface water regulations. The project fronts on South Third Street and Shaddock Avenue South. However, interior remodels not involving building additions are exempt from street carnage improvements. (07:34): So that concludes my presentation. Staff is recommending approval of the Fountain of Hope Ministries International Church as depicted in Exhibits two and four, subject to three recommended conditions of approval. Speaker 1 (07:49): Okay, sounds good. Just a couple questions. I think that your staff report mentioned they'll have Friday night services and there's a restaurant located close by. I mean, did Public Works kind of consider the traffic impacts there? It sounds like maybe if it's that evening that would be a busy time for the restaurant as well. I mean, would that create an accumulation of the traffic that might be a problem? Speaker 3 (08:13): So got we win here with our developed engineering group, who should be able to answer that question? Speaker 1 (08:23): Okay, a letter answer the question. Let's see. I you swear you in there, sir. Do you just raise your hand, do you swear affirm him to tell the truth, nothing but the truth in this proceeding? Speaker 2 (08:33): I do. Speaker 1 (08:33): Appendix A - Fountain of Hope 7 (Completed 07/08/25) Transcript by Rev.com Page 4 of 5 Okay, great. Go ahead. Yeah, I just was curious if you had looked into that or if you would under normal circumstances because it looks like kind of peak times for both uses at the same time. Speaker 4 (08:45): Yeah, yeah. So development engineering actually did an analysis of that for our IT manual and found that that was with the proposed change of views, the new use would generate one trip. Speaker 1 (09:01): Oh, okay. And you didn't find that significant, it was consistent with the city's level of service standards? Speaker 2 (09:07): Yes. Speaker 1 (09:07): Okay, perfect. Alright, thanks sir for your testimony. Much appreciated. And then Ms. Dig, just the other one, your staff report mentions that social services are allowed at that site, but not homeless support services. Was there any concern about within their use description that there could be a conflict there or is that something that's been addressed with the applicant? Speaker 3 (09:31): I believe it is something that has been addressed with the applicant. We just wanted to clarify that some of the uses, which could kind of lead from social services into homeless services, we wanted to make it really clear that it could not be a homeless services facility. Okay. It can meet the definition of a social service organization, but it can't lead into a shelter or other uses that are limited to that homeless services Speaker 1 (10:03): Definition. Okay. Got it. Great. Okay, thank you. Alright, well let's move on to the applicant's then. Does anyone want to speak on behalf of the applicants at this point? You don't have to, but now is your opportunity if you want to take it. Any takers there, just click on the virtual hand at the bottom of your screen. Let's see if we got any takers out there. Nope, nobody on the applicant team, which is perfectly fine. Let's move on to then general public comments. If you're a member of the public right now, you want to say something, now is the time to be heard. Click on the virtual hand at the bottom of your screen. Pretty straightforward note takers there either. Okay, well if any of you're confused and can't figure out how to be heard, you can't find that raise hand button. Go ahead and email Ms. (10:45): Cisneros before 5:00 PM tomorrow with your comments. Explain that you couldn't figure out how to be recognized today. And if that's the case, I'll let your comments come in and I'll let the applicant and city respond to that comment as well. And Mrs. SROs has her email address on video there behind her. It's Jason sros@rewa.gov. So with that, I guess I can go ahead then and close the hearing. It's pretty straightforward and oftentimes when you're just replacing a use in a building, it's usually not a huge deal and it isn't in this case really. So should be an easy approval. We'll get that out and the next couple of weeks. So thanks all for participating and have a great day. We're adjourned Speaker 2 (11:26): Appendix A - Fountain of Hope 7 (Completed 07/08/25) Transcript by Rev.com Page 5 of 5 Recording.