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HomeMy WebLinkAboutDunlap Bible LtrDenis Law Mayor City Clerk - Jason A. Seth, CIVIC September 26, 2018 Deborah Sibanda 3705 S 162nd Street Seatac, WA 98188 Subject: Hearing Examiner's Final Decision RE: Dunlap Bible Fellowship Conditional Use Permit (LUA18-000423) Dear Ms. Sibanda: Enclosed please find the Hearing Examiner's Final Decision dated September 25, 2018. Also, this document is immediately available on our website: • If you go to: Rentonwa.gov; "How do I"; City Clerk; Hearing Examiner; "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, CIVIC City Clerk cc: Hearing Examiner Angelina Weihs, 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 (3) 1055 South Grady Way, Renton, WA 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov 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 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Dunlap Bible Fellowship Conditional Use Permit LUA 18-000423, CU-H Summary FINAL DECISION The Applicant has applied for a conditional use permit for the proposed Dunlap Bible Fellowship Church to be located in an existing building at 280 Hardie Ave SW. No exterior improvements are proposed. The application is approved subject to conditions. Testimony Angelina Weihs, City of Renton Associate Planner, summarized the staff report. Exhibits Exhibits 1-11 identified at Page 2 of the September 11, 2018 staff report were admitted into the record during the hearing. The following exhibits were also admitted during the hearing: Exhibit 12: Staff PowerPoint Exhibit 13: City of Renton COR maps Exhibit 14: Google aerial photographs CONDITIONAL USE - I 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT Procedural: 1. Applicant. Pastor Michael Sibanda; 3705 S 162nd St, Seatac, WA 98188 2. Hearing. A hearing was held on the application on September 11, 2018 in the City of Renton Council Chambers. 3. Project Description. The Applicant has applied for a conditional use permit for the proposed Dunlap Bible Fellowship Church to be located in an existing building at 280 Hardie Ave SW. No exterior improvements are proposed. The subject property is 19,405 square feet (0.45 acres) and contains an existing 4,141 square foot office building, divided into three units (Units 1, 2, and 3). The Applicant is proposing to occupy unit 2, which is currently vacant and located between the other two units. The Unit 2 tenant space is approximately 949 square feet. The Applicant is proposing to offer church services every Sunday and other church related activities on weekdays. According to the Applicant, the total church membership is approximately 20 to 25 people. Approximately 24 parking stalls are available on the site. Proposed interior improvements for the church are cosmetic in nature in order to prepare the unit to be used as a church. The site is accessible via two driveways off of Hardie Ave SW. Protected slopes are mapped on site. 4. Surrounding Uses. Surrounding uses are office and retail along with the First Baptist Church located to the west. Surrounding zoning is Commercial Arterial with the exception of the church, which is zoned R-10. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Pertinent impacts are more specifically addressed as follows; A. Compatibility/Noise/Light/Glare. No exterior improvements are proposed and surrounding uses are office, retail and church. For these reasons and the lack of any other adverse impacts, the proposal is fully compatible with surrounding uses. Further, the absence of exterior improvements and the moderate intensity of the proposed use assures that the use will not be associated with any significant adverse noise, light or glare impacts. B. Critical Areas and Natural Features. The only critical areas at the project are mapped protected and sensitive slopes. No geotech report is required under City regulations and no adverse impacts to the slopes are anticipated since no exterior improvements are proposed and no activities within the slopes are anticipated. CONDITIONAL USE - 2 2 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. Parking. The existing parking complies with the City's parking standards so the proposal is found to provide for adequate parking. The existing development contains 24 parking spaces that provide off-street vehicle parking for the three tenants of the subject property. Units 1 and 3 are occupied by a dental office and insurance agency. The net floor area of the two uses was not provided by the Applicant; however, the gross floor area of the two units together is approximately 3,192 square feet. Units 1 and 3 would each be approximately 1,596 square feet. The approximate gross floor area calculation for the dental office would result in a minimum and maximum of 8 parking spaces. The approximate gross floor area calculation for the insurance agency would result in a minimum of 3 parking spaces and a maximum of 7 parking spaces. The proposed church will have a total of 25 attendees, which calculates to a minimum and maximum of 5 parking spaces; therefore, 10 spaces is required to comply with city code. Based on existing and proposed uses, a minimum of 21 and maximum of 25 parking spaces is required. The existing parking lot has 24 total spaces; therefore, adequate parking is available on the site based on analyses of existing and proposed uses and the current parking regulations. D. Vehicular and Pedestrian Circulation. As determined by City planning staff, the project site design assures the safe movement or vehicles and pedestrians. The applicant proposes services on Sunday, between 11:OOam and 12:30pm. The church will maintain regular operating hours between 9:OOam and 3:30pm during the week. There is anticipated to be a total of 25 attendees for the church. Based on the ITE Manual, the average trip rate for a church during peak Sunday hours (per 1,000 square feet) is 9.99. The average trip rate during peak Saturday hours is 2.78, and the average trip rate during PM peak weekday hours is 0.80. A traffic impact analysis is required when the estimated vehicular traffic generated from a proposed development exceeds 20 vehicles per hour in either the AM (6:00 — 9:00) or PM (3:00 — 6:00) peak periods. Since the average trip rate for a church (under 1,000 square feet) is less than 20 vehicles per hour, therefore a traffic impact analysis was not required. Pedestrians can continue to take access via an existing sidewalk on Hardie Ave S. According the staff report, it is not anticipated that the proposed use will have any negative impacts on vehicle or pedestrian movement or any negative effects on the surrounding area. E. Landscaping. Since the proposal is located within an existing building and doesn't involve any exterior improvements, City regulations do not require any additional landscaping. Conclusions of Law 1. Authority. Hearing examiner conditional use permits qualify as Type III review pursuant to RMC 4-8-080(G). As outlined in RMC 4-8-080(G), the hearing examiner is authorized to hold CONDITIONAL USE - 3 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 hearings and issue final decisions on Type III applications subject to closed record appeal to the Renton City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is within the Commercial Mixed Use Comprehensive Plan land use designation and the Commercial Arterial (CA) zoning classification. 3. Review Criteria/Street Modification. RMC 4-2-060 requires a hearing examiner conditional use permit for religious institutions in the CA zone. Conditional use criteria are governed by RMC 4- 9-030(D). Applicable standards are quoted below in italics and applied through corresponding conclusions of law. The proposal satisfies all quoted standards as conditioned for the reasons identified in the 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(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. The proposal is consistent with all applicable comprehensive plan policies and development standards as outlined in Findings of Fact No. 16 and 17 of the staff report, adopted by this reference as if set forth in full. 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. The proposed use is fully compatible with surrounding uses and will create no significant adverse impacts for the reasons identified in Finding of Fact No. 5. There is no overconcentration of church use in the area as the only other nearby church use is located to the west. Given these factors, the proposed location is suited for the proposed use. 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. As determined in Finding of Fact No. 5, 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. 5(A), the proposed use is compatible with the scale and character of the neighborhood. CONDITIONAL USE - 4 1 2 3 4 5 6 7i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 18. Parking is adequate as determined in Finding of Fact No. 5. 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. 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). 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. 5(A), the proposal will not result in any adverse light, noise or 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. As shown in the aerial photograph of the first page of the staff report and confirmed in Google aerial maps, there are no undeveloped portions of the site without landscaping. As determined in Finding of Fact No. 5, the City's landscaping standards don't require any landscaping beyond that already at the project site. DECISION The conditional use permit application satisfies all applicable conditional use criteria for the reasons identified in the findings and conclusions of this decision and for that reason is approved DATED this 251h day of September 2018. Phif A.Otbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices 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 CONDITIONAL USE - 5 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 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. CONDITIONAL USE - 6