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HomeMy WebLinkAboutD_RHA_Highlands_Church_Lease_060821August 21, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION OWNER: APPLICANT/CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Renton Housing Authority 2900 NE 10th Street Renton, W A 98056 Larry A. Maison Highlands Community Church 3031 NE 10 th Street Renton, W A 98056 RHA Highlands Church Lease LUA-06-076, CU-H 2900 NE 10 th Street Conditional Use approval to establish an additional space for the Highlands Community Church within a portion ofthe Renton Housing Authority administration building. Development Services Recommendation: Approve with one condition. The Development Services Report was received by the Examiner on August 8, 2006. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES Tile following minutes are a summary of tile August 15, 2006 IIearing. Tile legal record is recorded on CD. The hearing opened on Tuesday, August 15,2006, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testifY were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Site Plan Exhibit No.4: Floor Plan Exhibit No.5: Zoning Map Exhibit No.6: Revised Floor Plan RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21, 2006 Page 2 The hearing opened with a presentation of the staff report by Valerie Kinast, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located in the Highlands east of Sunset Boulevard behind the Hillcrest Bowling Alley, on the north side ofNE lOth Street and on the east side ofIndex Avenue NE. The site is zoned and the Comprehensive Plan designation is Commercial Village (CV). The site is surrounded by commercial uses to the north and west with residential tracts to the south and east. The applicant is the Highlands Community Church, the main complex is across the street to the southeast. They would like to convert a part of the RHA building into a space to use for social and religious events and services. The space required for the lease is 3,984 square feet, this includes a large open room, a kitchen, restroom and a hallway connecting them. The building would be used on Sunday mornings from 9:30 am to Noon, with approximately 80 people attending the first class from 9:30 to 11:00 am and about 30-50 people would be attending the second class. In the future they would like to offer classes and hold receptions for up to 100 people on Friday evenings, Saturday mornings and afternoons and on Sunday afternoons if the main church space is unavailable. Eventually the church may wish to hold classes and events on weekday evenings between 6:00 pm and 9:00 pm. These would have less than 50 people in attendance. The times of use would be the off-hours of the Housing Authority whose employees and customers are there between 8:00 am and 5:00 pm. A traffic study was done and due to the low level of traffic in the area a new crosswalk or moving of the existing crosswalk would not be necessary. Parking seems to be able to accommodate the needs of the church as well as the Renton Rousing Authority. The site is landscaped, however there are some gaps along some of the roadways. The parking lot is not totally buffered from the residential areas to the east. Some of the landscaped areas are unsightly and have very little landscaping. The perimeter landscaping should be improved to give some relief to the residential areas surrounding the building. The Fire Department has reviewed this proposed use and they will accept the Building Department recommendations. Three new sprinkler heads were recently installed in the building. Larry Maison, Highlands Community Church, 3031 NE lOth Street, Renton, W A 98056 stated that he is the Operations Director at the Highland Community Church. This permit was submitted due to the fact that their congregation is growing and they now need additional space for their Sunday morning adult Sunday School Class. The Choir might go to the RHA building to practice on Wednesday evenings. The church members have honored homeowners' rights and are very careful to not park or block their private property. Kavren Kittrick, Development Services stated that she was concerned if people would actually use the designated crosswalk since it is further away from the actual building. It is something they will be keeping an eye on and may have to move in the future. There will not be two crosswalks in that location, however they may have to move the existing one closer to the building. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:25 a.m. RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21,2006 Page 3 FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, Larry A. Maison for Highlands Community Church, filed a request for approval of a Conditional Use Pennit to use Renton Housing Authority leased space for church activities. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The subject proposal was reviewed by all departments with an interest in the matter. 4. The subject site is located 2900 NE 10th Street. The subject site is located on the north side of 10th between Jefferson Avenue NE on the east and Index Avenue NE on the west. Actually, the subject site is located on and takes up the complete triangular block entirely bounded by the above named streets. The subject site is owned and operated by the Renton Housing Authority. They propose leasing out a portion of the building and parking lot to the applicant, Highlands Community Church. 5. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Center Village or mixed-use commercial and residential uses, but does not mandate such development without consideration of other policies of the Plan. The Comprehensive Plan pennits churches in appropriate residential neighborhoods where arterial access is available. 6. The subject site and neighboring sites to the north and south are zoned CV (Center Village). Property to the east is zoned for multiple family uses while property to the southeast is zoned for single family uses. 7. The subject site is a triangular parcel although its eastern property line follows the westward curving alignment of Jefferson Avenue. The subject site is 1.28 acres or 55,757 square feet. The existing Housing Authority building is located in the southeast comer of the site with parking located north and west of the building. A rockery along the eastern margin of the site is almost as tall as the building. A fence with barbed wire is located in this location to prevent access to the roof of the building. 8. The Highlands Community Church is located across NE lOth to the southeast of the subject site. The applicant proposes moving or establishing certain functions at the new site. The space would be a meeting room, restrooms, and kitchen. The space would be used for social and religious events. 9. The initial plan is would be to use the space on Sunday mornings between approximately 9:30am and Noon. The applicant has contingent plans to use the space in the evenings between 6pm and 9pm during the week. 10. The applicant anticipates up to 100 people attending the various events in the leased space. 11. The applicant would be also leasing approximately 60 parking stalls. Twelve stalls are protected for the Housing Authority by fencing to safeguard equipment while the other stalls are generally available to users. 12. The Center Village ZOne requires a front yard between 10 and 15 feet. The minimum side yard setback is zero feet unless there is residential property abutting the use. There is a residential use and the RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21, 2006 Page 4 setback should be 15 feet. The existing building is non-conforming on the east where it has only a 10- foot setback. Staff noted that it would not meet current standards but meets standards for its non- conforming status. Staff recommended supplementing the landscaping in this area to provide additional buffering. Building height is limited to 50 feet or 45 feet when abutting a residential use. The one-story building meets the height limits. 13. Staff noted that the landscaping and appearance along the eastern property line is unsightly. The landscaping along the east consists of Beech trees and scattered shrubs. Staff recommends the addition of shrubs that grow up to four (4) feet tall to help screen the adjacent uses from the parking. Staff has also recommended that the gaps between the existing street tree planting locations be replanted. 14. The current marked or clearly designated crosswalk is at the extreme western edge of the Housing Authority building while the Church's main complex is south and east across NE 10th Street. Unmarked crosswalks are available at any intersection. CONCLUSIONS: 1. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 4-31-36 (C), which provides in part that: a. The proposal generally conforms with the Comprehensive Plan; b. There is a general community need for the proposed use at the proposed location; c. There will be no undue impacts on adjacent property; d. The proposed use is compatible in scale with the adjacent residential uses, if any; e. Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and 1. Adequate public services are available to serve the proposal. The requested conditional use appears justified and should be approved. 2. The Comprehensive Plan designates this site for congregation of urban services sought by neighborhood residents and this could include facilities that cater to their religious needs. In addition, the comprehensive plan recognizes that religious institutions fit in a number of locations within the community. The proposed use of a portion of an existing building and a portion of the parking would be compatible with the Comprehensive Plan. Of course, a church can also outgrow its immediate community's needs and can be intrusive. RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21,2006 Page 5 3. This office generally avoids making determinations about community need when reviewing religious institutions. It is probably an inappropriate criterion given the variety of religious denominations that exist. While other criteria may be used to determine ifthe use is appropriate or intrusive, this one seems inappropriate for governmental review. 4. The joint use of the building and parking certainly makes sense particularly since the church use will be during hours when the Housing Authority is closed. At the same time, the early morning hours on the weekend and the potential for additional evening hours may have an impact on the surrounding uses including or particularly on the nearby residential uses. Therefore, staffs recommendation of supplementing the landscaping is appropriate. Of course, allowing the church to expand off of its existing campus will also spread out the impacts associated with it and also accommodate greater numbers of parishioners. That means there will be additional traffic and additional noise. It appears that the church has worked with neighbors to reduce impacts on the community and has focused its membership on parking on the campus. 5. Other than the additional traffic and possible glare from headlights, there should be no visual impacts since there will be no exterior changes to the structure. There will be additional hustle and bustle from the additional patronage by church members on Sunday morning and then possibly evenings in the future. 6. The building use will be provided suitable complementary parking. Although more parking than might be necessary under code could encourage additional traffic. Staff did not analyze the potential impacts of providing "too much parking." The existing circulation patterns appear adequate. As noted above, the current marked or clearly designated crosswalk is at the extreme western edge of the Housing Authority building and somewhat distant from the Church's main complex. This could lead to pedestrians using an unmarked crosswalk. Staff indicated that they could monitor this situation and intervene if necessary. 7. The Church or Housing Authority will be required to install additional perimeter landscaping as recommended by staff. All landscaping shall be of a type and nature to provide adequate visual screening directed at protecting the nearby residential uses from noise and headlight glare as well as visual buffering from the building itself. 8. In conclusion, the proposed conditional use permit appears reasonable. DECISION: The proposed Conditional Use Permit is approved subject to the following conditions: I. The applicant shall be required to apply for and obtain an occupancy permit from the City of Renton Building Department prior to commencing operation. 2. The applicant shall provide additional perimeter landscaping prior to commencing operation at this site. This shall include additional shrubs in the eastern planting strip, additional street trees, and climbing plants along the security fence east ofthe building. The applicant shall submit a landscape plan for review and approval by the Development Services project manager. RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21, 2006 Page 6 ORDERED THIS 21" day of August 2006. FREDJ.KAUF HEARINGE TRANSMITfED THIS 21" day of August 2006 to the parties of record: Valerie Kinast 1055 S Grady Way Renton, W A 98055 Renton Housing Authority 2900 NE lOth Street Renton, W A 98056 Larry A. Maison Highlands Community Church 3031 NE 10 th Street Kayren Kittrick Development Services Renton, W A 98055 Renton, W A 98056 TRANSMITfED THIS 21" day of August 2006 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title N, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., September 5, 2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title N, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m .. September 5, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or {'mal processing of the file. You may contact this office for information on formatting covenants. RHA Highlands Church Lease File No.: LUA-06-076, CU-H August 21, 2006 Page 7 The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. ~lghIQnd$ Pork ~~ l [ UGEHO _ _ ......... £ == :::.::. --. CiI_ .... -- (!J ~ ~:z: ~~ ~It "'ll.. 1 0 of; ufo ~ 0 N t >, ~ Q ~ <c 19 -~ UI -, 0: Exhibit 2