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HomeMy WebLinkAboutD_RCCG Kings Court Church HEX_Decsion_LUA18-0006961 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 - 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: RCCG King’s Court Church Conditional Use Permit LUA18-000696, CU-H ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The Applicant has applied for a conditional use permit for a change of use within an existing shopping center located at 101 SW 41st St. to religious use. The application is approved subject to conditions. Testimony Angelea Weihs, City of Renton Associate Planner, summarized the staff report. Joseph Ogabi, Applicant, stated he will work with the landlord to get the required plumbing permit as quickly as possible. Exhibits Exhibits 1-7 identified at Page 2 of the February 26, 2019 staff report were admitted into the record during the hearing. The following exhibits were also admitted during the hearing: Exhibit 8: Staff PowerPoint Exhibit 9: City of Renton COR maps Exhibit 10: Google aerial photographs 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 - 2 CAO VARIANCE - 2 FINDINGS OF FACT Procedural: 1. Applicant. The Redeemed Christian Church of God; 101 SW 41st Street, Suite E & F, Renton, WA 98057. 2. Hearing. A hearing was held on the application on February 26, 2019 in the City of Renton Co uncil Chambers. 3. Project Description. The Applicant has applied for a conditional use permit for a change of use within an existing shopping center located at 101 SW 41st St. to religious use. The subject property is 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 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 Applicant , the total church membership is approxima tely 80 people. A total of 45 parking stalls are 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 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 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 hazar d area. No trees or vegetation are proposed to be removed. 4. Surrounding Uses. The project site is surrounded by commercial development on parcels 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 located at 1111 S Carr Road, which is appr oximately 1 mile east of the site. 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. The proposed use would not generate additional noise or light impacts to the existing development. Activities and assemblies would be held indoors. Exterior noise impacts would be limited to vehicles arr iving and departing the site. The 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 proposed use is not expected to generate any no ise, light, or glare impacts outside of those typical in a commercial area. 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 - 3 CAO VARIANCE - 3 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. Compatibility is enhanced by existing perimeter landscaping located on all sides of the project site. B. Critical Areas and Natural Features. No critical areas will be affected by t he proposal. The Applicant proposes no exterior improvements and no removal of trees or vegetation. C. Parking. The existing parking complies with the City’s parking standards so the proposal is found to provide for adequate parking. The shopping center’s existing parking lot has the capacity to provide code compliant parking for the proposed church and existing commercial tenants. The Applicant proposes 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 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 parking spaces that provides off-street vehicle parking for the subject property. Tenants 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 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 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 a minimum of 38 parking spaces (15.1 x 2.5) and maximum of 76 parking spaces (15.1 x 5.0). The 81 existing parking spaces onsite exceeds code requirements for off-street vehicle parking for shopping centers. Furthermore, if the parking requirement for the proposed church were to be calculated based on requirements for religious institutions, rather than as a shopping center, per RMC 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 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 use. D. Vehicular and Pedestrian Circulation. As determined by City public works staff, the project assures for adequate and appropriate transportation facilities and the safe movement of vehicles and pedestrians. 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. There is anticipated to be a maximum of 80 attendees for the church. The church will also 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 - 4 CAO VARIANCE - 4 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 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. The proposed Sunday services will not be active during the AM or PM peak periods, and weekday services/activities are not anticipated to exceed 20 vehicle trips per hour; therefore, a traffic impact analysis was not required. 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 of SW 41st Street and the other off of East Valley Road. No changes to ve hicular or pedestrian access is proposed. 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. The proposal complies with City landscaping standards and therefore provides for sufficient landscaping. The proposed project is located within an existing 10- 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 with current landscaping regulations. F. Tree Retention. The proposal complies with the City’s tree retention standards and for that reason is found to provide for sufficient retention of vegetation. No trees are proposed for removal, so no tree retention is required. 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 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 Employment Area (EA) Comprehensive Plan land use designation and Commercial Office (CO) zoning designation. 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). Applicable conditional use standards are quot ed below in italics and applied through corresponding co nclusions of law. 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 - 5 CAO VARIANCE - 5 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors f or 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 st andards as outlined in Findings of Fact No. 15 through 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 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 church use in the area as the nearest other church is located a mile away as determined in Finding of Fact No. 4. 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. For the reasons identified in Finding of Fact No. 5(A), the proposed use is compatible with the scale and character of the neighborhood. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. 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 ef fects 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). 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 - 6 CAO VARIANCE - 6 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 photographs of the staff report, all pervious surfaces of the project site are landscaped. DECISION As conditioned, t he 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 proposal is subject to the following condition: The Applicant shall apply for a plumbing permit to install the backflow at the time of 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 the plumbing permit is finaled. DATED this 27th day of February, 2019. 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 o f 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. 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 - 7 CAO VARIANCE - 7 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HEARING EXAMINER DECISION EXHIBITS Project Name: RCCG King’s Court Church Project Number: PR18-000603 Date of Report February 26, 2019 Staff Contact Angelea Weihs Associate Planner Project Contact/Applicant The Redeemed Christian Church of God; 101 SW 41st Street, Suite E&F Renton, WA 98057 Project Location 101 SW 41st Street Renton, WA 98057 The following exhibits are included with the Hearing Examiner Decision: Exhibits 1-7: As shown in the Staff Report to the Hearing Examiner Exhibit 8: Staff PowerPoint Exhibit 9: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps Exhibit 10: Google Earth, https://www.google.com/earth/ RCCG King’s Court Church Conditional Use Permit Hearing Examiner Public Hearing Angelea Weihs, Associate Planner February 26, 2019 LUA18-000696, CU-H Approvals Requested The applicant, The Redeemed Christian Church of God, is requesting a Conditional Use Permit to operate a religious institution in the CO zoning district. The application was accepted for review on December 6, 2018, and the application was determined complete on December 19, 2018. Staff received no public or agency comments. 101 SW 41st Street, Unit E and F 1.36 acre parcel (59,417 SF) Site contains an existing (15,104 SF) shopping center with approximately 10 units and 81 surface parking spaces. Zoning District –CO, Commercial Office Comprehensive Plan Land Use Designation –Employment Area (EA) Access is provided via two existing driveways off of SW 41st Street and East Valley Road. Critical Areas On-Site –High seismic hazards Site Characteristics Proposed Use Religious Institution (Conditional Use in CO zone) Approximately 2,400 SF unit Total membership: 80 people Service primarily on Sunday, between 9:00am and 12:30pm. Zoning Development Standards Religious institutions are a Conditional Use in Commercial Office (CO) zone No changes to building that would require compliance with CO development standards The project is exempt from the Urban Design Regulations Parking Analysis The existing shopping center contains 81 parking spaces. The existing tenants include eating and drinking establishments, on-site services, retail sales, and office uses. Shopping centers require between 2.5 and 5.0 parking spaces per 1,000 square feet of net floor area. This shopping center requires a minimum of 38 parking spaces and maximum of 76 parking spaces. The 81 existing parking spaces onsite exceeds code requirements for off-street vehicle parking for shopping centers. Conditional Use Permit Analysis Effects on Adjacent Properties Appropriate Location Consistency with Plans and Regulations Compatibility Parking Noise, Light, and Glare Landscaping Traffic Recommendation Staff recommends approval of the Conditional Use Permit for the RCCG King’s Court Church, File No. LUA18-000696, CU-H, subject to one condition: 1.The applicant shall apply for a plumbing permit to install the backflow at the time of 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 the plumbing permit is finaled.