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JUL 0 5 2WZ
RECEWED
CrrY CLERICS OFFICE
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Sons of Haiti )
FINAL DECISION
Conditional Use )
LUA12-033, CU -H )
Summary
The Applicant is requesting a conditional use permit to operate a fraternal and social organization in
an existing building in the Center Downtown (CD) zone. The conditional use permit is approved
subject to conditions.
Testimony
Gerald Wasser, City of Renton planning project manager, stated the location for the conditional use
permit is 301 S 3rd Street. The subject use is for the Sons of Haiti, which is a fraternal and social
organization. Sons of Haiti also operates the Renton Area Youth Development Organization
(RAYDO) which provides youth leadership, pre-employment skills, and enrichment programming for
Renton area youth. Their target ages are 14-21. The site is approximately 15,360 sq ft. and contains
a 9,530 sq ft. one-story structure. There are three storefronts on the structure, and the Sons of Haiti
occupies the westernmost storefront. This storefront is a little over 2,000 sq ft. The staff report notes
that the only comment from city agencies was from the fire department. The fire department stated
that an annual place of assembly permit is required. Mr. Wasser commented that the applicant has
been informed of this requirement. Staff has reviewed the criteria for the approval of conditional use
permits (including comprehensive plan compliance, zoning compliance, appropriate location, affect
on adjacent properties, neighborhood compatibility, parking, traffic, noise and light, and landscaping)
and believes the application complies with all criteria. Parking access is via South 3rd Alley and
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from Shattuck Avenue S. Staff recommends approval of the application.
Upon questioning by the hearing examiner, Mr. Wasser noted that the city is not requiring
landscaping because of the space limitations on the site. Staff has granted an administrative waiver to
the landscaping requirement. Surrounding uses are generally commercial to the north and west.
There is a parking lot and commercial structure to the south. Immediately to the east, there is a
vacuum repair shop and a picture frame shop. Renton High School is one block to the north.
Exhibits
The June 1, 2012 staff report and Exhibits 1-6 identified at pat 2 of the staff report itself were
admitted into the record during the hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Sons of Haiti.
2. Hearing. The Examiner held a hearing on the subject application on June 12, 2012 at 1:00
pm in the City of Renton Council Chambers.
3. Project Description. The applicant, Sons of Haiti, is requesting approval of a Hearing
Examiner Conditional Use Permit for the operation of a fraternal and social organization in the Center
Downtown (CD) zone. The Sons of Haiti occupy the westernmost storefront (approximately 2,086
square feet) in a three -storefront building (approximately 9,536 square feet). The facility
accommodates Sons of Haiti membership meetings and the Renton Area Youth Development
Organization (RAYDO) which provides youth leadership, pre-employment skills and enrichment
programming for Renton area youth. The 15,360 square foot subject properly encompasses the 9,536
square foot building and 15 parking spaces. Vehicular access to the property is via South 3rd Alley
and a driveway from Shattuck Avenue South.
4. Adverse Impacts. There are no significant adverse impacts associated with the project. Few
adverse impacts are anticipated since the proposed use doesn't involve any new construction and will
not involve any activities that could be reasonably anticipated to adversely affect adjoining properties.
The subject site is surrounded by commercial uses on all sides and the Applicant states they will
usually operate within regular business hours. As discussed in the conclusions of law, the site
provides for more parking than required by the City's parking standards. The staff report fmds that
the use, which has been operating for several months, has not and will not adversely affect traffic and
there is no evidence to the contrary. Similarly, the type of activities involved with the proposed use
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have not resulted in any adverse noise impacts and none are anticipated. No exterior lighting is
proposed so the project will not involve any adverse light impacts. The site as developed has no
room for landscaping and according to Mr. Wasser staff has granted an administrative waiver to the
City's landscaping requirements.
Conclusions of Law
1. Authori . RMC 4-2-060(G) provides that social organizations are authorized as a hearing
examiner conditional use in the CD zone. RMC 4-8-080(G) classifies conditional use applications as
Type III permits when hearing examiner review is required. RMC 4-8-080(G) grants the Examiner
with the authority to hold a hearing and issue a final decision on Type III permits, subject to closed
record appeal to the City Council.
2. Zoning/Comprehensive Plan Designations. The subject property is CD.
3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(D). All applicable
criteria are quoted below in italics and applied through corresponding conclusions of law.
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.
14. The criterion is satisfied. The proposal is consistent with the comprehensive plan map
designation and Objective LU-QQ and Policy LU -201 as quoted at page 4 of the staff report. As
required by the policies, the provision of youth services to the downtown area will promote a
diversity of uses and contribute to the revitalization of downtown Renton. The proposed use is also
consistent with the zoning ordinance because it is authorized as a conditional use and as noted in the
staff report, is compliant with all applicable zoning regulations. There may be issues with
landscaping standards, but Mr.Wasser testified that staff has granted an administrative waiver since
the building site is fully developed and there is no room for additional landscaping.
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. As determined in Finding of Fact No. 4, the proposed use creates no significant adverse
impacts, is fairly benign and is fully compatible with adjoining uses. It is unclear whether there are
any other social organizations that are in proximity to the proposed use, but even if there were there
are no significant adverse impacts reasonably anticipated from a concentration of this type of use.
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RMC 4-9-030(0)(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. 4 there are no adverse impacts associated with the
proposal, so it will not result in substantial or undue adverse effects on adjacent property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
7. As determined in Finding of Fact No. 4, the proposed use is fully compatible with adjoining
uses. The scale of the use is not applicable since no construction is proposed.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
8. On-site parking exceeds City parking requirements. The staff report notes RMC 4-4-080
requires one parking space for each 1,000 square feet of net floor area for commercial uses within the
CD zone. The building that will house the proposed use is 9,536 square feet, which results in ten
required parking spaces. The subject site has 15 on-site parking spaces.
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. As determined in Finding of Fact No. 4, there are no adverse traffic impacts associated with
the proposed use. The criterion is met.
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. As determined in Finding of Fact No. 4, there are no significant adverse noise, light or glare
impacts associated with the proposal.
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. As determined in Finding of Fact No. 4, there is no part of the site that is not occupied by
buildings or paving that could be landscaped. Further, there are no adverse impacts associated with
the proposal that would necessitate landscape buffering. The criterion is met.
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DECISION
The conditional use permit application is approved as depicted in Exhibits 2 and 3.
DATED this 2nd day of July, 2012.
3
1 A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th
floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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