HomeMy WebLinkAboutD_HEX_Radiance Learning Center_202510221
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
Phil Olbrechts, Hearing Examiner
RE: Radiance Learning Center
Conditional Use Permit
File No. LUA25-000246
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
SUMMARY
Clover Schuler requests approval of a conditional use permit for an 1,800 square foot daycare
center in an existing building located at 3507 NE Sunset Blvd. 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- 9 listed on page 2 of the Exhibit List prepared by City staff report and presented at
the October 7, 2025 hearing was admitted into the record during the hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Clover Schuler, 49040 SE Middle Fork Rd, North Bend, WA 98045 /
clover@designbycns.com
2. Hearing. A virtual hearing was held on October 7, 2025, at 11:00 am.
Substantive:
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3. Project Description. Clover Schuler requests approval of a conditional use permit for an
1,800 square foot daycare center located in an existing building located at 3507 NE Sunset
Blvd.
The existing building was previously occupied by a medical office. The site is
approximately 13,939 sq. ft. in size. The site also contains a surface parking area and
private access road for the project site, the adjacent parcel to the south, and the adjacent
parcel to the west. Other improvements include interior building improvements, new
fencing, and an 1,800 sq. ft. playground area. According to the Applicant’s submittal
documents, the daycare center would accommodate 40 children six (6) weeks to 12 years
old and five (5) staff. Vehicular access to the site would remain via the existing driveway
off 3507 NE Sunset Blvd.
City of Renton COR aerial maps show that all portions of the project site are either
landscaped or developed.
4. Surrounding Uses. Surrounding uses are composed of a mix of single-family and multi-
family residences with multi-family senior housing located to the west. The Applicant
asserts and staff concurs in the staff report that there are a very limited number of daycare
centers in the area.
5. Adverse Impacts. There are no significant adverse impacts associated with the project.
The proposal on its face has negligible impacts since it will occupy an existing building
and involves a use of modest intensity. The two greatest issues of concern as to daycare
centers are traffic generated during drop-off and pick-up of children and noise in the play
area. These and other impacts are specifically addressed below.
A. Traffic. The proposal will not generate any significant adverse traffic impacts.
The site plan incorporates a one-way circulation system with separate ingress and
egress driveways onto NE Sunset Blvd, which minimizes potential conflict points and
improves efficiency. In addition, an existing pedestrian pathway adjacent to the
building provides a safe and direct route from the parking area to the school entrance
for children being dropped off.
The Applicant submitted a Traffic Analysis, prepared by PH Consulting, dated April
21, 2025 (Exhibit 4). The report evaluated site access and circulation, trip generation,
and parking demand for the proposed daycare center. According to the analysis, the
project is forecast to generate approximately 21 new (compared to prior medical use)
weekday trips, including 14 trips during the AM peak hour (6 inbound and 8 outbound)
and 13 trips during the PM peak hour (7 inbound and 6 outbound). This level of trip
generation is below the City’s threshold for requiring a full traffic impact analysis and
City staff does not expect it to create significant impacts to the surrounding street
network.
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City Staff concur with the findings of the Traffic Analysis and conclude that the
proposed circulation design will generally ensure safe movement for vehicles and
pedestrians while minimizing potential impacts on adjacent streets. However, staff
notes that the west driveway is also utilized by the properties at 1414 NE Sunset Blvd
(senior living complex) and 3517 NE Sunset Blvd (single-family residence). It is
unclear how the one-way circulation would affect those property owners, or whether
existing easement rights allow for such a restriction. In addition, the proposed parking
layout appears relatively constrained, which may affect maneuverability for drivers
on-site. Therefore, a condition of approval requires the Applicant to submit a Traffic
Circulation and Management Plan for review and approval by the Current Planning
Project Manager prior to the issuance of a building permit. The plan shall address: (1)
the circulation impacts on other property owners utilizing the west driveway; (2)
verification of easement rights related to access and circulation; and (3) on-site
maneuverability, given the proposed parking layout. The plan shall identify any
necessary design or operational modifications to ensure safe and functional circulation
for all users.
Overall, the daycare center is situated along a principal arterial street, which provides
direct access for parents and staff while minimizing traffic impacts on local residential
streets. At the same time, the site is adjacent to existing single-family and multifamily
residential uses, which are the types of households most likely to benefit from and
utilize a neighborhood-scale daycare. This combination of good transportation access
and proximity to residential demand makes the proposed daycare use an appropriate
fit for the area.
A traffic impact raised by the examiner during the hearing was queuing impacts to
Sunset Boulevard. Daycare centers can generate high volumes of traffic as patrons
drop of children in the morning before going to work and picking them up around 5
pm when returning home from work. The access points to the project site are just east
of a significant bend on the boulevard that could obscure site distance for speeding
vehicles. The Applicant’s traffic report doesn’t expressly address queuing impacts
except to conclude that the “onsite parking area has capacity for up to 13 vehicles
which is more than sufficient to accommodate staff and student loading.” At hearing
the Applicant also testified that daycare class times will be staggered to avoid queuing
impacts. The proposed staggering isn’t otherwise mentioned in the administrative
record or the City staff’s recommended conditions of approval. It’s unclear whether
public works staff has considered potential queuing impacts onto Sunset Boulevard.
To address potential queuing impacts, the staff recommended condition requiring a
Traffic Circulation and Management Plan has been modified to address potential
queuing impacts.
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B. Noise. The proposal will not generate any significant noise impacts. The proposed
playground would be located at the front of the building, enclosed by a six-foot (6’)
tall fence, and set back at least 15 feet (15’) from shared property lines.
C. Light/Glare. The proposal will not create any significant light and glare impacts. No
changes to lighting or glare are proposed since the building would remain as-is.
D. Critical Areas. No critical areas are mapped on the site.
E. Trees. As conditioned the proposal will comply with the City’s tree retention
standards and thus is not construed as adversely affecting trees.
No trees are present on the site and therefore no retention is possible. A minimum of
10 tree credits (0.32 acres x 30 tree credits per acre = 9.6 tree credits, rounded up to
10) is required by the City’s tree retention standards. The Applicant did not submit a
tree credit worksheet or propose the installation of any new trees and therefore
compliance with the tree credit standard could not be determined. Therefore, a
condition of approval requires the Applicant to submit a tree credit worksheet and tree
planting plan with the Building Permit application that documents compliance with
the tree credit requirements.
F. Refuse and Recycling. As conditioned the proposal provides for adequate refuse and
recycling areas.
City regulations require a minimum 100 square foot refuse/recycling area for the
project site. The site plan (Exhibit 2) does not identify any existing dumpsters or trash
enclosures on the site. Therefore, a condition of approval requires the Applicant to
submit a revised site plan with the building permit application that identifies one (1)
or more refuse and recyclables enclosures compliant with the size requirements in
RMC 4-4-090E.3 or obtain modification approval to reduce the minimum size
requirement.
G. Landscaping. The aesthetics of the proposal are adequately mitigated by conformance
to the City’s landscaping and fencing standards. As noted in the staff report, the
proposal does not have to conform to current landscaping standards because proposed
improvements are valued at far less than the 50% of assessed value as required by
RMC 4-4-070B and documented in the staff report.
The Applicant has also proposed some new fencing. A condition of approval
addresses conformance to the City’s fence standards as outlined in the staff report.
H. Parking. The proposal provides for adequate vehicular and bicycle parking.
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Vehicular parking regulations for daycare centers require one parking space for each
employee and 2.0 drop-off/pick-up parking spaces within 100 feet of the main
entrance for every 25 clients of the program. Under this standard 8 parking stalls are
required. The Applicant is proposing the existing 13.
Bicycle parking is required at the rate of 10% of required vehicular parking stalls. No
bicycle parking was shown on the plans and therefore staff cannot confirm compliance
with the City’s bicycle parking standards, including required clearances, weather
protection, and rack design. Therefore, a condition of approval requires the Applicant
to provide detailed plans for a minimum of one (1) bicycle parking space meeting the
standards of RMC 4-4-080F.11
CONCLUSIONS OF LAW
1. Authority. RMC 4-8-080(G) provides that hearing examiner conditional use permit review
applications 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 Residential-8. The
Comprehensive Plan designation is Residential Medium Density (RMD).
3. Review Criteria. Hearing examiner conditional use permits are required for daycare
centers in the R-8 zone per RMC 4-2-060K. Conditional use criteria are set by RMC 4-9-
030.
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.
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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. As noted in Finding of Fact No. 4, there are few
daycare centers in the area. In any event, given that the proposal is fully mitigated the facility
can only have a positive as opposed to negative impact in large numbers given the need for
daycare facilities throughout the City.
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 create no adverse impacts associated with
structural aesthetics. 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.H.
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.A.
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.B and
C, 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. City of Renton COR aerial maps show that all portions
of the project site are either landscaped or developed. Proposed exterior alterations will not
change this condition.
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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. The Applicant shall submit a tree credit worksheet and tree planting plan with the Building
Permit application that documents compliance with the tree credit requirements. The tree
planting plan may be combined with a general landscape plan. The tree credit worksheet
and tree planting plan shall be reviewed and approved by the Current Planning Project
Manager prior to the start of construction.
2. The Applicant shall submit a revised site plan with the Building Permit application that
identifies one (1) or more refuse and recyclables enclosures compliant with the size
requirements in RMC 4-4-090E.3 or obtain modification approval to reduce the minimum
size requirement. The revised site plan or modification shall be reviewed and approved by
the Current Planning Project Manager prior to Building Permit approval.
3. The Applicant shall provide detailed plans for a minimum of one (1) bicycle parking space
meeting the standards of RMC 4-4-080F.11. The design, specifications, and placement of
the bicycle parking shall be submitted for review and approval by the Current Planning
Project Manager prior to Building Permit issuance.
4. The Applicant shall submit a Traffic Circulation and Management Plan for review and
approval by the Current Planning Project Manager prior to the issuance of a Building
Permit. The plan shall address: (1) the circulation impacts on other property owners
utilizing the west driveway; (2) verification of easement rights related to access and
circulation; and (3) on-site maneuverability given the proposed parking layout. The plan
shall identify any necessary design or operational modifications to ensure safe and
functional circulation for all users. The plan shall also address queuing impacts onto Sunset
Boulevard as found necessary by City staff. To the extent necessary to prevent adverse
queuing impacts, staff can additionally condition the proposal to stagger class times or
impose other reasonable conditions.
Dated this 21st day of October 2025.
______________________________
Phil Olbrechts,
City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
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.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
Radiance Learning Center
Project Number:
LUA25-000246, CUP-H
Date of Hearing
October 7, 2025
Staff Contact
Alex Morganroth
Principal Planner
Project Contact/Applicant
Clover Schuler / 49040 SE
Middle Fork Rd, North Bend,
WA 98045 /
clover@designbycns.com
Project Location
3507 NE Sunset Blvd,
Renton, WA 98056 (APN
0423059204)
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-6: As shown in the Staff Report to the Hearing Examiner
Exhibit 7: Staff PowerPoint
Exhibit 8: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 9: Google Earth, https://www.google.com/earth/