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HomeMy WebLinkAboutD_West African Comunity Center_HEX Decision_202512041 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 PERMIT- 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE West African Community Center Conditional Use Permit PR24-000390 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION SUMMARY The Applicant requests approval of hearing examiner conditional use permit review to operate a social service organization (West African Community Center) at 505 S. 4th Street. The application is approved subject to conditions. TESTIMONY A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS Exhibits 1-20 as shown on the “Exhibits” list presented during the November 18, 2025 hearing were entered into the record during the hearing. Additional exhibits entered into the record were: Ex. 21 Staff PowerPoint Ex. 22 Google Maps Ex. 23 COR Maps Ex. 24 Dineen Email November 18, 2025 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 PERMIT- 2 CAO VARIANCE - 2 FINDINGS OF FACT Procedural: 1. Applicant. Constance Proctor, Century Law Firm, PLLC, 2135 112th Avenue NE, Bellevue, WA, 98004 representing West African Community Center, 505 S. 4th Street, Renton, WA 98057. 2. Hearing. A virtual hearing was held on the application on November 18, 2025, at 11 am, Zoom ID No. 946 7233 4580. 3. Project Description. The Applicant requests approval of hearing examiner conditional use permit review to operate a social service organization, the West African Community Center (WACC), at 505 S. 4th Street. The project site is comprised of two (2) parcels totaling approximately 17,140sf within the Center Downtown (CD) zone, Urban Design District A, and Commercial and Mixed-Use (CMU) Comprehensive Plan land use designation. The West African Community Center, a social service organization, is proposing to occupy an existing 11,465sf, two-story building previously occupied for commercial uses. The proposal includes minor internal tenant improvements for office uses, a retail sundries store, tutoring services, volunteer services, and community board meetings. The WACC arranges volunteers to assist community members with business support, access to community services, tutoring and other community needs. It would maintain three (3) offices and a conference room for its community leaders, who meet bi-weekly or as needed. A community member would lease part of the space for a store selling sundries, including products from West Africa. Access to the site is provided via an alley off S. 4th St along the west boundary of the project site to an existing surface parking lot located to the rear of the existing building. According to COR Maps, a high seismic hazard area and wellhead protection areas (zones 1 and 2) are mapped on the project site. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate and appropriate infrastructure and public services. Infrastructure and public services are more directly addressed as follows: A. Water and Sewer Service. The project is an existing building served by the City’s water and sewer services. Water and sewer services are adequate for the new use. B. Fire and Police. The City of Renton will provide police service. Renton Regional Fire Authority will provide fire service. Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development with the improvements and fire impact fees required of the project, if any. 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 PERMIT- 3 CAO VARIANCE - 3 C. Drainage. The project site is developed with an existing building. No exterior changes or land disturbing activities are proposed for the site. There is an existing City storm main located on S. 4th Street. No further surface water review is required. D. Parks/Open Space. The proposal does not require the provision of any parks or open space because there is no residential component. E. Transportation and Circulation. The proposal is served by adequate and appropriate transportation facilities and provides safe and efficient vehicle and pedestrian circulation. No impacts to the City’s transportation system are anticipated. The proposed development fronts S 4th St along the north property line, Smithers Ave S along the east property line, and an alley along the west property line. S 4th St is classified as a Minor Arterial Street with an existing right-of-way (ROW) width of approximately 60 feet (60’). Smithers Ave S is classified as a Residential Access Street, with an existing ROW width of approximately 60 feet (60’). The existing alley has a ROW width of approximately 17 feet (17’). The Applicant provided a Trip Generation Assessment (Ex. 5). The project will generate an increase of approximately 31 weekday daily trips. During the weekday AM peak hour, the project would generate a decrease of 17 weekday AM peak hour trips (-13 in, -4 out) from the prior use. During the weekday PM peak hour, the project would generate an increase of approximately six (6) net new trips (1 in, 5 out). The project proposal passes the City of Renton Traffic Concurrency Test (Ex. 12). A Traffic Impact Analysis is not required because the projected traffic generated by the project does not meet the threshold. This project is classified as an interior remodel and is exempt from frontage improvements (RMC 4-6-060D). The existing site layout provides for the safe movement of vehicles and pedestrians accessing the project site. There are existing pedestrian connections between the building entrance and the existing sidewalk along S. 4th Street, which abuts the site to the north. The primary vehicular entry to the site would occur via the existing alley off S. 4th St, along the west side of the project site. F. Schools. The proposal does not require the provision of adequate and appropriate school facilities because there is no residential component. G. Refuse and Recycling. As conditioned, the proposal complies with applicable refuse and recycling regulations and thus provides for adequate and appropriate facilities to address solid waste impacts. The combined proposed uses require a minimum of 35sf of recyclables deposit areas and 71sf of refuse deposit areas for a total of 106sf of refuse and recycling area for 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 CONDITIONAL USE PERMIT- 4 CAO VARIANCE - 4 building. The applicant did not show plans for a refuse and recycling area. A condition of approval will require the applicant to provide a site plan with screening details demonstrating compliance with RMC 4-4-090.E.4 for refuse and recycling at the time of Building Permit review. H. Parking. As conditioned, the proposal provides for adequate and appropriate parking because the proposed parking complies with the City’s parking standards. Adequacy of vehicle parking was the only subject of public concern. As noted by Dineen (Ex. 11C and 24), S. 4th Street has existing congestion issues and visibility at intersections is limited due to parked cars encroaching into the sight triangles. Dineen noted the available parking lot on the south side is on another parcel that is not controlled by the applicant. This fact was confirmed by staff testimony at hearing. Additionally, Dineen expressed concern that a community center can be a large generator of parking need, especially with the proposed mix of uses. Dineen expressed concerns that future changes of uses within the community center, such as to event hosting, could further exacerbate this situation. As described in section 15 of the staff report, the City’s parking regulations (RMC 4-4- 080) largely apply only to new buildings and building additions. The subsections that do apply to this project are RMC 4-4-080-F1 to F9 and J, the parking lot design standards and the loading space standards. The applicable standards require that all parking be provided in the rear portion of the yard, with access taken from an alley, when available. Parking shall not be located in the front yard, nor in a side yard facing the street nor rear yard facing the street. Parking may be located off-site or subject to a joint parking requirement. No new parking spaces are required by the code. Also, within this zone, there are maximum parking requirements but no minimum parking requirements. The submitted site plan (Ex. 2) and the additional parking exhibit (Ex. 18) show an existing paved area to the rear of the existing building, which could accommodate on- site parking. In addition, on-street parking is available to the north of the site along S 4th St or east of the site along Smithers Ave S. The Trip Generation Assessment (Ex. 5) states the WACC has between 40 and 50 members with the largest concentration of use (~10 members plus two tutors) occurring in the evening as tutoring services are provided at the site. This would result in a potential parking demand of approximately twelve (12) spaces during each tutoring session. During the PM peak hour, thirteen (13) vehicle trips would enter the site and twenty-six (26) would exit the site. There are seven (7) head-in vehicle parking spaces available along the site’s eastern Smithers Ave S frontage and another six (6) parallel parking spaces available within S 4th St along the site’s northern frontage (Ex. 18). The paved area to the rear of 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 CONDITIONAL USE PERMIT- 5 CAO VARIANCE - 5 building appears to include area for seven (7) on-site parking spaces. Staff anticipates the 20 available on-site and street parking spaces would provide sufficient parking for the proposed WACC use, though the on-street parking is first come, first served and is not necessarily servicing only the proposed use. The parking on the adjacent lot to the south is not counted in the above totals as they are not within the control of the Applicant. The record does not contain a joint parking agreement. A condition of approval will require all on-site parking spaces be striped in accordance with the dimensional requirements outlined in RMC 4-4-080. A parking lot layout shall be submitted at the time of Building Permit application for review and approval by the Current Planning Project Manager and the spaces shall be striped prior to issuance of a Certificate of Occupancy. I. Landscaping and Fencing. The proposal is exempt from the landscaping requirements. With the exception of existing street trees along Smithers Ave S right-of-way, there is no landscaping present on the project site. As the proposal does not include the construction of a new building, or an addition to an existing building, the proposal is exempt from all but the maintenance requirement of the Landscaping Regulations in accordance with RMC 4-4-070. There is no existing landscaping to maintain. J. Transit and Bicycle. The proposal is limited to interior improvements and is exempt from compliance with bicycle parking and transit accessibility requirements. 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. On October 13, 2025, the City issued a Determination of Non-significance (DNS) for the project. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Views. No impacts to views are anticipated. The applicant is not proposing expansion or external improvements to the existing building. As such, views would not change from the existing condition. The public access requirement is not applicable to the proposal. B. Compatibility. As conditioned, the proposal is compatible with surrounding uses. The proposal will not result in the overconcentration of a particular use within the City. The proposed WACC is a social service organization. There are no other uses within the area that serve the West African community. Staff concluded the addition of the WACC will not result in an overconcentration of social service organizations within either the immediate vicinity of the project site or within the City itself. As described above in Finding of Fact Number 4 and below in Finding of Fact No. 5Ci, the proposal as conditioned will have adequate infrastructure and public services. 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 CONDITIONAL USE PERMIT- 6 CAO VARIANCE - 6 proposed use will be compatible with surrounding uses in that the applicant will occupy an existing building with minimal exterior changes proposed. The existing building is currently on a scale with existing structures located in the project vicinity and at less than three stories is far less impactful than the 150-foot high buildings permissible in the zone. Surrounding uses within the project vicinity include multi-family residential development to the north, a church to the west, the Renton Chamber of Commerce to the east, and the Renton Chamber of Commerce surface parking and Burlington Northern Railroad right-of-way to the south. The proposed use would include office and retail uses, which are outright permitted uses with the CD zone, in addition to the social service organization use which is permissible through approval of the conditional use permit. The proposed uses are compatible with existing surrounding uses located within the vicinity of the project site. C. Light, glare, noise and privacy. As conditioned, the proposal will not create any significant adverse light, noise or glare impacts and will not impact privacy. i. Light and Glare. No lighting impacts are anticipated. The applicant will be occupying an existing building with minimal exterior improvements. The applicant did not submit a lighting plan. A condition of approval will require the applicant to submit a lighting plan with the building permit identifying all proposed exterior lighting improvements. Code compliant lighting must be pedestrian scaled with downlighting. Light may not be cast beyond the boundaries of the property. The lighting plan will be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. ii. Noise. No adverse impacts from noise are anticipated. The existing building is a standalone building and does not have any shared walls with adjacent buildings or uses. No exterior uses beyond parking are proposed. Sound and light would be at a level expected from an occupied building and would not unduly impact other properties in the vicinity. The proposed social service organization use will not generate noise, impacts that would unduly impact the surrounding neighborhood. iii. Privacy. No new construction is proposed. The existing building is one (1) story with a second-story mezzanine. This building is far shorter than the 150-foot (150’) maximum height permitted in the CD zone. No new additions are proposed. The building itself will not increase impacts on privacy. D. Critical Areas. The project site is located in a high seismic area and a wellhead protection area. The proposal is found to adequately avoid impacts to these critical areas since it conforms to the City’s critical area regulations as provided in further detail below. 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 PERMIT- 7 CAO VARIANCE - 7 1. Seismic Hazard. Though the project is located within a High Seismic Hazard Areas, no exterior changes to the existing building are proposed. With regards to the existing structure, expansion and/or exterior improvements are not proposed. The proposed project is limited to a change of use and interior tenant improvements. Because the building is existing and exterior changes are minimal, the applicant was not required to provide a geotechnical report. Staff anticipates the City’s adopted building code and construction standards would adequately mitigate any impacts of the proposed tenant improvements on the project site. 2. Wellhead Protection Area. The project area is within the Downtown Wellhead Protection Area Zone 2. The project does not include a prohibited facility as outlined in RMC 4-3-050, Critical Area Regulations. Per the SEPA Environmental Checklist (Ex. 6), no groundwater would be withdrawn, and no waste material would be discharged into the ground. Based on the limited scope of the project and no significant change in use, no additional prohibitions or requirements would be required above those outlined in Zone 2 code sections of RMC 4-3-050, Critical Area Regulations. Erosion control measures, if needed, can be conditioned through the civil construction permit. E. Tree Retention. Beyond the City’s critical area regulations, the only regulations requiring protection of vegetation are the City’s tree retention standards. The proposal meets the City’s tree retention standards and thus is found to adequately protect and retain site trees. There are four (4) existing street trees located within the Smithers Ave S right-of-way, along the east side of the project site. None of these trees are proposed for removal. There are no trees located on the project site. Interior remodels that do not involve building additions, removal of trees, or alteration of impervious areas are exempt from compliance with the Tree Credit Requirements (RMC 4-4-130H.1.b). CONCLUSIONS OF LAW 1. Authority. The conditional use permit application requires hearing examiner review and final approval. The proposed West African Community Center is a social service organization. Social service organizations are permitted within the CD zone, subject to the approval of a Hearing Examiner Conditional Use Permit. Social service organizations are public or nonprofit agencies that provide counseling, therapy, job training, educational classes, food banks, clothing banks, or other social or human services to persons needing such services, but do not provide crisis intervention, day or night shelter, or case management. This does not include religious institutions, offices, government facilities, schools, hospitals, clinics, day care, homeless services uses, medical institutions, diversion facilities, lodging in any form, or residential uses. Retail sales and office uses are permitted uses within the CD zone. 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 PERMIT- 8 CAO VARIANCE - 8 2. Zoning/Design District/Comprehensive Plan Designations. The subject property is zoned Center Downtown (CD) within Urban Design District A. Its comprehensive plan land use designation is Commercial Mixed Use (CMU). 3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(D). All applicable review criteria for the conditional use application is quoted below in italics and applied through corresponding conclusions of law. CONDITIONAL USE The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors for all applications: RMC 4-9-030(D)(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. As conditioned, the proposal is consistent with all applicable comprehensive plan policies and development standards, including those of Design District A, as outlined in Findings No. 14-19 of the staff report, adopted by this reference as if set forth in full. RMC 4-9-030(D)(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. For the reasons identified in Finding of Fact No. 4 and 5, the proposal as conditioned is compatible with surrounding uses, will be served by adequate infrastructure and will not create significant adverse impacts to adjoining properties. For these reasons the proposed location is suited for the proposed use. Staff found with respect to the Design District Guidelines, the project is not applicable to the review standards of the building location and orientation because the building exterior has no proposed changes. Similarly, the building entries, transition to surrounding development, building architectural design and lighting requirements were not applicable because this is an existing structure that is not proposed to change. Recreational areas are not required. Conditions of approval will ensure compatibility with neighboring uses by requiring parking lot striping, screened refuse and recycling areas and the submittal of a lighting plan. Frontage improvements are not required. RMC 4-9-030(D)(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. As determined in Finding of Fact No. 5, as conditioned, there are no significant adverse impacts associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent property. 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 PERMIT- 9 CAO VARIANCE - 9 RMC 4-9-030(D)(4): Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 7. As determined in Finding of Fact No. 5B, the proposed use is compatible with the scale and character of the neighborhood. RMC 4-9-030(D)(5): Parking: Adequate parking is, or will be made, available. 8. As determined in Finding of Fact No. 4H, the site is served by adequate parking. RMC 4-9-030(D)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 9. As outlined in Finding of Fact No. 4E, the proposal provides for safe circulation and adequate traffic mitigation and facilities. RMC 4-9-030(D)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 10. As determined in Finding of Fact No. 5C, the proposal as conditioned will not result in any adverse light, noise or glare impacts. RMC 4-9-030(D)(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. The criterion is met. The project will comply with the City’s landscaping requirements. DECISION The conditional use permit meets all applicable review criteria for the reasons identified in the Conclusions of Law of this decision and are approved, subject to the following conditions: 1. 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 prior to building occupancy. 2. All on-site parking spaces shall be striped in accordance with the dimensional requirements outlined in RMC 4-4-080. A parking lot layout shall be submitted at the time of Building Permit application for review and approval by the Current Planning Project Manager, and the spaces shall be striped prior to issuance of a Certificate of Occupancy. 3. The Applicant to submit a lighting plan with the building permit identifying all proposed exterior lighting improvements, additions or replacements. Code compliant lighting must be 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 PERMIT- 10 CAO VARIANCE - 10 pedestrian scaled with downlighting. Light may not be cast beyond the boundaries of the property. The lighting plan will be reviewed and approved by the Current Planning Project Manager prior to building permit issuance. DATED this 25th day of November, 2025. Emily Terrell City of Renton Hearing Examiner APPEAL RIGHT AND VALUATION NOTICES As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III 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.