HomeMy WebLinkAboutOgabi Decision Letter Denis Law Mayor
City Clerk-Jason A.Seth,CMC
February 28, 2019
Joesph Ogabi
The Redeemed Christian Church of God
26730 196th Avenue SE
Covington, WA 98042
Subject: Hearing Examiner's Final Decision
RE: RCCG King's Church Conditional Use Permit
LUA-18-000696
Dear Mr. Ogabi:
Enclosed please find the Hearing Examiner's Final Decision dated February 27, 2019. Also,
this document is immediately available on our website:
• If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Land
Use Decisions". The Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Angelea Weihs,Associate Planner
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Office Assistant II
Julia Medzegian,City Council Liaison
Parties of Record (3)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
8 )
9 RE: RCCG King's Court Church )
) FINAL DECISION
10 Conditional Use Permit )
)
11 LUA18-000696, CU-H )
12 )
13 )
14 Summary
15 The Applicant has applied for a conditional usepermit for a change of use within an existingshopping pp PP g PP� g
16 center located at 101 SW 41st St. to religious use. The application is approved subject to conditions.
17 Testimony
18 Angelea Weihs, City of Renton Associate Planner, summarized the staff report.
19
Joseph Ogabi, Applicant, stated he will work with the landlord to get the required plumbing permit as
20 quickly as possible.
21 Exhibits
22
Exhibits 1-7 identified at Page 2 of the February 26, 2019 staff report were admitted into the record
23 during the hearing. The following exhibits were also admitted during the hearing:
24 Exhibit 8: Staff PowerPoint
25 Exhibit 9: City of Renton COR maps
Exhibit 10: Google aerial photographs
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CONDITIONAL USE - 1
1
FINDINGS OF FACT
2
3 Procedural:
4 1. Applicant. The Redeemed Christian Church of God; 101 SW 41st Street, Suite E & F,
Renton, WA 98057.
5
Hearing. A hearing was held on the application on February 26, 2019 in the City of Renton
6 2.
Council Chambers.
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3. Project Description. The Applicant has applied for a conditional use permit for a change of use
8 within an existing shopping center located at 101 SW 41st St. to religious use. The subject property is
9 59,417 square feet (1.36 acres) and contains an existing 15,104 square foot, multi- tenant shopping
complex. The Applicant is proposing to occupy units E and F of the shopping complex, which has a
10 total unit area of approximately 2,400 square feet. The Applicant is proposing to offer church services
every Sunday and other church related activities on Fridays and Saturdays. According to the
11 Applicant, the total church membership is approximately 80 people. A total of 45 parking stalls are
12 designated for the proposed use and there are a total of 81 existing parking spaces located on site. No
exterior site construction improvements are proposed and no change is proposed to the building's
13 other existing tenant spaces. The proposed interior improvements for the church are cosmetic in nature
in order to prepare the unit to be used as a church. A building permit would be required for any tenant
14 improvements proposed by the Applicant. Access to the site is proposed to remain via the existing
driveway off of SW 41st St. The site is mapped within a high seismic hazard area. No trees or
15 vegetation are proposed to be removed.
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4. Surrounding Uses. The project site is surrounded by commercial development on parcels
17 zoned CA and CO. Existing uses include a fast food restaurant, auto repair and a business park. The
nearest known church in the surrounding neighborhood is the Lifeline Christian Fellowship Church
18 located at 1111 S Carr Road, which is approximately 1 mile east of the site.
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5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
20 Pertinent impacts are more specifically addressed as follows;
21 A. Compatibility/Noise/Light/Glare. The proposed use would not generate additional noise or
22 light impacts to the existing development. Activities and assemblies would be held indoors.
Exterior noise impacts would be limited to vehicles arriving and departing the site. The
23 proposed RCCG King's Court Church has not proposed and has not shown the need for
any additional lighting to utilize the tenant space within the existing office building. The
24 proposed use is not expected to generate any noise, light, or glare impacts outside of those
typical in a commercial area.
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CONDITIONAL USE - 2
1 The proposal is compatible with adjoining development because it will be located within an
existing building and will not create any significant impacts to adjoining uses.
2 Compatibility is enhanced by existing perimeter landscaping located on all sides of the
3 project site.
4 B. Critical Areas and Natural Features. No critical areas will be affected by the proposal.
The Applicant proposes no exterior improvements and no removal of trees or vegetation.
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6 C. Parking. The existing parking complies with the City's parking standards so the proposal
is found to provide for adequate parking.
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The shopping center's existing parking lot has the capacity to provide code compliant
8 parking for the proposed church and existing commercial tenants. The Applicant proposes
9 services on Sunday, between 9:00am and 12:30pm. There is an average of 60 attendees for
Sunday services, with a maximum of 80 attendees anticipated in the future. The church will
10 also have choir practice on Saturdays with approximately 6 attendees, and prayer meetings
on Fridays with approximately 5 attendees. The existing shopping center contains 81
11 parking spaces that provides off-street vehicle parking for the subject property. Tenants
12 include a mix of occupants identified in the parking regulations that include eating and
drinking establishments, on-site services, retail sales, and office uses. For shopping centers
13 containing four (4) or more individual commercial establishments, the regulations require
between 2.5 and 5.0 parking spaces per 1,000 square feet of net floor area. The net floor
14 area of the two buildings was not provided by the Applicant, however the gross floor area
of the building is 15,104 square feet. Using the gross floor area calculation would result in
15 a minimum of 38 parking spaces (15.1 x 2.5) and maximum of 76 parking spaces (15.1 x
16 5.0). The 81 existing parking spaces onsite exceeds code requirements for off-street vehicle
parking for shopping centers.
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Furthermore, if the parking requirement for the proposed church were to be calculated
18 based on requirements for religious institutions, rather than as a shopping center, per RMC
19 4-4-080F.10.d, the proposal for 80 attendees (seats) would require a total of 16 parking
stalls for the proposed church. The existing site parking (81 stalls) exceeds the minimum
20 number of parking stalls required for a shopping center by 43 parking spaces; therefore, it
is clear that adequate parking is provided on the subject property for the proposed church
21 use.
22 D. Vehicular and Pedestrian Circulation. As determined by City public works staff, the
23 project assures for adequate and appropriate transportation facilities and the safe
movement of vehicles and pedestrians.
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25 The Applicant submitted a Traffic Impact Statement (Exhibit 6) with the project
application. The Applicant proposes services on Sunday, between 9:00am and 12:30pm.
26 There is anticipated to be a maximum of 80 attendees for the church. The church will also
CONDITIONAL USE - 3
1 have choir practice on Saturdays and prayer meetings on Fridays with fewer people in
attendance. A traffic impact analysis is required when the estimated vehicular traffic
2 generated from a proposed development exceeds 20 vehicles per hour in either the AM
3 (6:00 — 9:00) or PM (3:00 — 6:00) peak periods. The proposed Sunday services will not be
active during the AM or PM peak periods, and weekday services/activities are not
4 anticipated to exceed 20 vehicle trips per hour; therefore, a traffic impact analysis was not
required.
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6 Pedestrians will access the site via existing sidewalks on SW 41st Street and East Valley
Road. Vehicular access to the site is currently provided via two existing driveways, one off
7 of SW 41st Street and the other off of East Valley Road. No changes to vehicular or
pedestrian access is proposed. It is not anticipated that the proposed use will have any
8 negative impacts on vehicle or pedestrian movement or any negative effects on the
9 surrounding area.
10 E. Landscaping. The proposal complies with City landscaping standards and therefore
provides for sufficient landscaping. The proposed project is located within an existing 10-
11 unit retail building (currently occupied by 7 tenants) which is defined as a shopping center
in RMC. The change of a tenant space does not require the site be brought into compliance
12 with current landscaping regulations.
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F. Tree Retention. The proposal complies with the City's tree retention standards and for
14 that reason is found to provide for sufficient retention of vegetation. No trees are
proposed for removal, so no tree retention is required.
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Conclusions of Law
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1. Authority. Hearing examiner conditional use permits qualify as Type III review pursuant to
18 RMC 4-8-080(G). As outlined in RMC 4-8-080(G), the Hearing Examiner is authorized to hold
19 hearings and issue final decisions on Type III applications subject to closed record appeal to the
Renton City Council.
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2. Zoning/Comprehensive Plan Designations. The subject property is within the Employment
21 Area (EA) Comprehensive Plan land use designation and Commercial Office (CO) zoning
22 designation.
23 3. Review Criteria. RMC 4-2-060(G) requires a hearing examiner conditional use permit for
religious institutions in the CO zone. Conditional use criteria are governed by RMC 4-9-030(D).
24 Applicable conditional use standards are quoted below in italics and applied through corresponding
conclusions of law.
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CONDITIONAL USE - 4
1 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
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3 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
4 zoning regulations and any other plans,programs, maps or ordinances of the City of Renton.
5 4. The proposal is consistent with all applicable comprehensive plan policies and development
6 standards as outlined in Findings of Fact No. 15 through 17 of the staff report, adopted by this
reference as if set forth in full.
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RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
8 detrimental overconcentration of a particular use within the City or within the immediate area of the
9 proposed use. The proposed location shall be suited for the proposed use.
10 5. The proposed use is compatible with surrounding uses and will create no significant adverse
impacts for the reasons identified in Finding of Fact No. 5(A). There is no overconcentration of
11 church use in the area as the nearest other church is located a mile away as determined in Finding of
12 Fact No. 4.
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RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
14 shall not result in substantial or undue adverse effects on adjacent property.
15 6. As determined in Finding of Fact No. 5, there are no adverse impacts associated with the
16 proposal, so it will not result in substantial or undue adverse effects on adjacent property.
17 RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
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19 7. For the reasons identified in Finding of Fact No. 5(A), the proposed use is compatible with the
scale and character of the neighborhood.
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RMC 4-9-030(C)(5): Parking:Adequate parking is, or will be made, available.
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22 8. Parking is adequate as determined in Finding of Fact No. 5.
23 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.
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25 9. The proposal provides for safe movement of pedestrians and vehicles and doesn't create
adverse traffic impacts as determined in Finding of Fact No. 5(D).
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CONDITIONAL USE - 5
1 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.
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3 10. As determined in Finding of Fact No. 5(A), the proposal will not result in any adverse light,
noise or glare impacts.
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RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
5 buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
6 properties from potentially adverse effects of the proposed use.
7 11. As shown in the aerial photographs of the staff report, all pervious surfaces of the project site
are landscaped.
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9 DECISION
10 As conditioned, the conditional use permit satisfies all applicable review criteria for the reasons
identified in the findings and conclusions of this decision and for that reason is approved. The
11 proposal is subject to the following condition:
12 The Applicant shall apply for a plumbing permit to install the backflow at the time of
13 building permit application for review and approval by development engineering. In
addition, the building permit shall not be finaled, and occupancy shall not be granted, until
14 the plumbing permit is finaled.
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DATED this 27`h day of February, 2019.
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Phi A.Olbrechts
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20 City of Renton Hearing Examiner
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Appeal Right and Valuation Notices
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23 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III application(s)
24 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.
25 A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal
period.
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CONDITIONAL USE - 6
1 Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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CONDITIONAL USE - 7