HomeMy WebLinkAboutNguyen ltr (Bo De Monastery) Denis Law Mayor =IR
City Clerk-Jason A.Seth,CMC
August 16, 2018
Kenny Nguyen
11410 SE Petrovitsky Road
Renton, WA 98055
Subject: Hearing Examiner's Final Decision
RE: Bo De Monastery Conditional Use Permit (LUA18-000372)
Dear Mr. Nguyen:
Enclosed please find the Hearing Examiner's Final Decision dated August 14, 2018. This
document is immediately available:
• https://bit.ly/2KtHQDt. This link goes directly to our Hearing Examiner's
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,
e7j9
ason . Set , CMC
City Clerk
cc: Hearing Examiner
Alex Morganroth,Associate Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Kyle Wunderlin, Planning Technician
Julia Medzegian,City Council Liaison
Parties of Record (4)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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10 RE: Bo De Monastery ) FINAL DECISION
Conditional Use Permit
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12 LUA18-000372, CU-H
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15 Summary
16 The Bo De Monastery has requested conditional use permit approval to convert an existing single-
family home into a religious institution. The site is located at 11410 SE Petrovitsky Road. The
17 conditional use permit is approved with conditions.
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19 Testimony
20 Alex Morganroth, Associate Planner, summarized the staff report. In his response, Mr.
Morganroth stated the temple is a change of use from single-family. The existing accessory
21 dwelling will become the primary dwelling and used as caretaker quarters for the monastery. The
22 parking requirements are one space per five seats. There are 10 existing parking spaces. The
existing gravel parking area needs to be paved to meet code, though no new impervious surface
23 is being created. The City waived the traffic study.
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Exhibits
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26 The July 31, 2018 Staff Report and its exhibits (2-4) were entered into the record at the July 31,
2018 hearing. In addition,the following exhibits were admitted during the hearing.
CONDITIONAL USE
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Exhibit 5 COR Maps
2 Exhibit 6 Staff PowerPoint
Exhibit 7 Public Letter of Support
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4 FINDINGS OF FACT
5 Procedural:
6 1. Applicant.Nhung Huynh of 11410 SE Petrovitsky Road, Renton, WA 98055.
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2. Hearing. The Examiner held a hearing on the subject application on July 31, 2018 at 12:00 pm
8 in the City of Renton Council Chambers.
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Substantive:
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11 3. Project Description. The subject site is located at 11410 SE Petrovitsky Rd (Parcel
#2923059025). The applicant is requesting conditional use permit approval to convert an existing
12 single-family residence into a religious institution. The site contains an existing accessory dwelling
unit (approved in 2010 under LUA10-036) which will become the primary single-family home on
13 the subject site and will operate as a caretaker's quarters. A gravel surface parking lot is also located
on the site.
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15 The site totals 38,134sf (0.88 acres). It is located in the R-14 (Residential 14 du/ac) zoning
classification.
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According to the applicant, the church serves approximately 15-20 members during regular service
17 and up to 50 members during special events. Access to the site is proposed to remain via the two
existing driveways off of SE Petrovitsky Rd. The applicant has also proposed the regrading of the
18 existing gravel area used for parking in order to provide 10 marked spaces for members.
19 COR maps indicate the presence of sensitive slopes on the northeast corner of the site, though no
20 construction or development is proposed on the slopes or within their buffers. The applicant has
proposed the removal of one tree on the project site.
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There is an existing six-foot high fence located along the property frontage.
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23 The subject is zoned R-14. The site is surrounded by a variety of uses including vacant residential
land to the north (zoned R-14); medical office uses in the Commercial Arterial (AC) zone to the east;
24 single-family residential uses in the R-8 zone to the south and multi-family residential uses in the R-
14 zone to the west.
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4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
26 infrastructure and public services as follows:
CONDITIONAL USE
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2 A. Water and Sewer Service. The site is serviced by adequate water and sewer service. Water
and sewer are both provided by Soos Creek Water and Sewer District. The Renton Fire
3 Authority and the Renton Development Engineering staff indicate the water on site is
4 adequate for the proposed use.
5 B. Fire and Police. Police and Fire Prevention Staff indicate that sufficient resources exist to
6 furnish services to the proposed development. However, a condition of approval will
require the applicant to provide Code required improvements and pay fire impact fees at
7 the time of building permit issuance.
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C. Drainage. The proposal will not result in an increase to impervious surface on-site. City
9 staff have deemed the existing drainage system adequate for existing conditions. City staff
10 will review the drainage again when the applicant applies for a permit to pave the parking
lot. An existing public stormwater main is located in the front of the subject property
11 within the SE Petrovitsky Road.
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D. Parks/Open Space. City development standards do not require any set-asides or mitigation
13 for parks and open space for non-residential development.
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E. Transportation. The site will be served by adequate transportation facilities. The site is
15 currently accessed via two driveways off of SE Petrovitsky Road. These driveways will
16 remain. The City Staff waived the requirement for a transportation study. Ingress will be
via the eastern entrance and egress will be via the western entrance. SE Petrovitsky Road
17 is a busy major arterial. Most services will be performed outside of the PM Peak Hour.
18 Therefore, no impacts to the PM Peak hour Level of Service are anticipated as a result of
the project. The temple is not expected to have a significant impact on neighboring
19 properties. Pedestrians can access the site via existing sidewalks on SE Petrovitsky Road.
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F. Parking. Adequate parking exists on site to service the change of use. The proposed
21 church has 50 members. RMC 4-4-080 requires religious institutions to provide one space
22 per five seats. The proposed use would require 10 parking spaces. The applicant will
provide the required 10 spaces. The existing parking lot is compressed gravel. The City of
23 Renton standards require all parking areas to be paved with asphaltic concrete, cement or
24 some other permanent, durable material. A condition of approval will require the applicant
to pave the parking area (Ex. 3) by August 1, 2019. (See FOF No. 4C above with respect
25 to drainage concerns for the parking area.)
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CONDITIONAL USE
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G. Landscaping. As conditioned, the proposal will meet the City's landscaping requirements.
2 The applicant must meet the requirements of RMC 4-6-060 when converting from a
3 residential to a non-residential use. The existing landscaping (Ex. 4) does not meet the
City's code with respect to ground cover. A condition of approval will require the
4 applicant to submit a revised landscape plan to the Current Planning Project Manager for
approval prior to building permit issuance. The proposal meets the tree retention
5 requirements of RMC 4-4-130 by retaining 94%of the trees on site.
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5. Adverse Impacts. There are no significant adverse impacts associated with the project. As
7 determined in FOF No. 4, adequate infrastructure serves the site. The project is SEPA exempt.
8 Specific concerns related to adverse impacts are addressed below.
9 A. Critical Areas. No critical areas or buffers will be impacted by the proposal. There is a
mapped sensitive slope near the northeast corner of the project site. No work is proposed
10 within 100 feet of the sensitive slope.
11 B. Fencing. As noted in FOF No. 3, there is a six-foot high fence running along the
12 property's street frontage. RMC 4-4-040 limits the height of fences along frontages to
four feet in height. The existing fence is in disrepair. A condition of approval will require
13 the applicant to remove the existing fence prior to building permit issuance. A new code
compliant fence may be constructed, if the applicant desires.
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15 CONCLUSIONS OF LAW
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1. Authority. Religious institutions are permitted in the R-14 zone subject to Conditional Use
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Permit approval by the Hearing Examiner. RMC 4-8-080(G) classifies conditional use applications as
18 Type III permits when Hearing Examiner review is required. As Type III applications, RMC 4-8-
080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them,
19 subject to closed record appeal to the City Council.
20 2. Zoning/Comprehensive Plan Designations. The subject property is zoned R-14, a mixed type
21 residential zone. The comprehensive plan land use designation is Residential High Density.
22 3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(D). All applicable
23 criteria are quoted below in italics and applied through corresponding conclusions of law.
24 Conditional Use
25 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
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CONDITIONAL USE
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RMC 4-9-030(D)(1): Consistency with Plans and Regulations: The proposed use shall be
2 compatible with the general goals, objectives,policies and standards of the Comprehensive Plan, the
3 zoning regulations and any other plans,programs, maps or ordinances of the City of Renton.
4 4. The proposal as conditioned, is consistent with the comprehensive plan as outlined in Finding
15 of the Staff report, adopted and incorporated by this reference as if set forth in full. The proposal is
5 consistent with all applicable zoning and other development standards as outlined in Finding 16 of
the Staff report, adopted and incorporated by this reference as if set forth in full.
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7 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
8 proposed use. The proposed location shall be suited for the proposed use.
9 5. The proposed site for the religious institution is located along SE Petrovitsky — an auto-
10 oriented major arterial with a variety of commercial, residential, and institutional uses located along
the road. No other religious institutions are present in the immediate vicinity of the proposed use and
11 therefore the location of the proposed use would not result in an overconcentration of the religious
12 institutions in the area. Additionally, the scale of the proposed use is modest. Only about 50
worshipers are expected at any given time. As noted in FOF No. 4E, there are no expected traffic
13 impacts to the surrounding area or roadway network.
14 RMC 4-9-030(D)(3): Effect on Adjacent Properties: The proposed use at the proposed location
15 shall not result in substantial or undue adverse effects on adjacent property.
16 6. As determined in Finding of Fact No. 5, as conditioned there are no adverse impacts
17 associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent
property.
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RMC 4-9-030(D)(4): Compatibility: The proposed use shall be compatible with the scale and
19 character of the neighborhood.
20 7. The proposal will be compatible with the scale and character of the neighborhood. The
21 proposal is the conversion of an existing single-family home into a small church. No new impervious
surfaces would be created. The site has adequate parking area now. The only exterior changes will be
22 to pave the existing gravel parking area and add landscaping. There will be no significant traffic
impacts or impacts from noise or light. This criterion is satisfied.
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24 RMC 4-9-030(D)(5): Parking:Adequate parking is, or will be made, available.
25 8. No additional parking is proposed. As noted in Finding of Fact No. 4, adequate parking exists
on site to service the proposed temple. However, a condition of approval will require the parking area
26 to be paved to city standards as described in FOF No. 4F.
CONDITIONAL USE
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RMC 4-9-030(D)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
2 shall mitigate potential effects on the surrounding area.
3 9. As determined in Finding of Fact No. 4, the project will not have a significant impact on the
4 general traffic in the vicinity and provides for adequate and safe pedestrian circulation. The criterion
is met.
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6 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.
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10. As described in the Staff Report, there are no anticipated glare, noise or light impacts.
8 Services will be held indoors. The existing parking area will continue to be uses as it is now. This
9 criterion is satisfied.
10 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
11 properties from potentially adverse effects of the proposed use.
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11. As described and conditioned in FOF No. 4G, the landscaping will be compliant with the
13 City's standards. No additional landscaping is required as a buffer or screen because the existing
14 house will be converted to a new religious use while leaving the existing residential exterior intact.
The existing landscaping along the perimeter of the site is deemed sufficient to screen any adverse
15 effects from the proposed use. As conditioned, this criterion is met.
16 DECISION
17 As conditioned below, the conditional use permit is approved.
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1. The applicant shall submit a revised landscape plan to be reviewed and approved by the
19 Current Planning Project Manager prior to building permit issuance. The revised
landscape plan shall be provided at the time of building permit submittal.
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21 2. The applicant shall remove or replace the existing fence along the street prior to building
permit issuance.
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3. The applicant shall pave the parking area indicated on the parking plan (Ex. 3) by August
23 1, 2019.
24 4. At the time of building permit issuance, the applicant shall provide code required
25 improvements and pay the fire impact fees
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CONDITIONAL USE
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DATED this 14th Day of August 2018.
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� C Lt..4(I
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Emily Terrell
4 City of Renton Hearing Examiner
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6 Appeal Right and Valuation Notices
7 RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III application(s)
subject to closed record appeal to the City of Renton City Council. Appeals of the hearing
8 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-
9 day appeal period.
10 Affected property owners may request a change in valuation for property tax purposes
11 notwithstanding any program of revaluation.
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CONDITIONAL USE
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