Loading...
HomeMy WebLinkAboutD_HEX_Decision_St Thomas Orthodox Church II July 15, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER: St. Thomas Orthodox Church of Washington PO Box 932 Renton, WA 98057 APPLICANT/CONTACT: Babu Parayil 2314 127th Ave NE Bellevue, WA 98005 St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H LOCATION: 11651 188th Ave SE SUMMARY OF REQUEST: Requesting a Conditional Use Permit and Site Plan Review in order to expand the scope of an approved Site Plan/Conditional Use Permit for the St. Thomas Orthodox Church (LUA-08-102). SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on June 15, 2010. PUBLIC HEARING: 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 The following minutes are a summary of the June 22, 2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, June 22, 2010, at 9:01 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: Project file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Zoning and Neighborhood Detail Map Exhibit No. 3: Site Plan Exhibit No. 4: Overall Landscape Plan Exhibit No. 5: Elevations Exhibit No. 6: Aerial Photo of Project Site St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 2 Exhibit No. 7: Written Statement by Mr. Parayil. Exhibit No. 8: New Floor Plan The hearing opened with a presentation of the staff report by Rocale Timmons, Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located in the Benson Hill area on the south side of SE 188th Street, just east of 116th Ave SE. It is approximately 1.1 acre in area and is within the Residential Low Density Comprehensive Plan designation and the R-4 Zoning designation. The proposal is to convert an existing mechanical shop into a religious institution for the St. Thomas Orthodox Church. The applicant is proposing to expand this existing structure by approximately 2,000 square feet. There are two homes located on site, one a 1,600 square foot residential home and a smaller guest home. The guest home would be removed and the residential home would remain to be used as housing for the clergy of the church. A Conditional Use Permit was granted for this church in 2008, LUA-08-102. The applicant is proposing an extension of the parking stalls on site. Currently there are 14 gravel parking stalls used for the mechanical shop, an additional 18 stalls have been proposed. All stalls would be paved. Access would be via SE 188th Street only. There would be no access via 118th Ave SE, the applicant has proposed a fence along the eastern border of the site. The Environmental Review Committee issued a Determination of Non-Significance – Mitigated with 2 mitigation measures. No appeals were filed. The applicant’s proposal does comply with the policies of the Residential Low Density Comprehensive Plan. Religious institutions are allowed in the R-4 Zoning designation through a Conditional Use Permit. The Development Standards have been complied with for this zoning designation. All setbacks have been met or exceeded. The existing height of the structure would be maintained at 24-feet from grade with the exception of three crosses which would be placed at the top of the pitched roof and on two tower elements along the western facade. The site contains 6 trees, none are proposed for removal and thereby complying with the tree retention for the zone. The applicant has proposed to maintain the five-foot landscape strip along SE 118th Street, and proposed a 10-foot landscape strip along the western and southern property line. The landscape plan provided by the applicant was not completed by a landscape professional and so prior to permitting, a new revised detail landscape plan completed by a landscape professional must be submitted. Code requires a minimum/maximum of 18 parking stalls. The applicant needs to revise the parking plan or apply for and be granted a parking modification to exceed the number of stalls due to the impacts they may create on abutting properties. The Applicant has provided 108 square feet for refuse and recycle, which exceeds the requirements. The site would be located at the northwestern portion of the site along the eastern side of the proposed access. Staff believes that surface elements should be located away from street frontages and recommend that the applicant relocate the refuse and recycle area or provide increased landscaping surrounding the area. A signage plan must be submitted detailing signs for the parking lot prior to building permit approval. St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 3 There does not appear to be any adverse impact on surrounding properties and uses as long as the conditions of approval are complied with. This expansion does not increase the seating capacity of the church. Parking on site can be adequately buffered from the surrounding residential uses. A proposed dedicated pedestrian connection from SE 188th Street to the expanded structure, in addition a waiting area has been proposed just west of the structure. The proposal would generate additional traffic as well as noise and activity on certain days. The church should be required to close all windows and doors during services, install insulation and an HVAC system in the church building in order to limit noise. All services should be limited to the hours of 7:00 am to 10:00 pm. The site is on septic, it is unclear whether they would be required to move the sewer, that would be based on a King County Health Requirement. A Certificate of Water and Sewer Availability was not submitted and needs to be provided prior to construction permits. There currently are eight religious institutions within one square mile of the site, most of those are larger in scale than this proposed church. Traffic would primarily impact SE 188th Street, services would occur primarily on Sunday’s from morning to early afternoon and then occasionally on weekdays. There would also be evening committee meetings. The applicant has obtained a Conditional Use Permit from the Hearing Examiner to convert the existing structure into a church. The conversion of this use would remain valid from the original proposal, the difference is the impacts created or accomplished through the expansion of the structure. There were letters from surrounding neighbors showing support for the proposed expansion with no comments of opposition until the day before the hearing. Babu Parayil, 2314-127th Avenue NE, Bellevue 98005 stated that they would provide a revised landscaping plan to include additional ground cover, screening and buffering. They would like to request a waiver from the irrigation plan. The trees and shrubs they would be using require hardly any watering. The parking stall numbers should be based on the seating capacity of the assembly area and not include the increase in size of the building. The plans show a proposed waiting area separate from the parking area. They will provide a revised parking plan. Finally, a request was made for an increase in the time allowed for services, there are special occasions throughout the year that would require a late evening service and people would be at these services past 10:00 pm. A Water and Sewer Certificate has been applied for, the City has reviewed it. Sewer and water would be brought to the street along 118th. Pamela Nugent, 11642 SE 188th Street, Renton 98057 pointed out on the map the location of her house, directly to the northwest of the subject site. She stated that she did testify at the previous hearing on this site, the neighbors were so opposed and she was not sure and decided to go along with the neighbors. She wasn’t strongly opposed to the project, nor strongly in favor. Renovating the original structure did not seem that it would make much difference to the area. The small amount of cars and the small development did not seem to be a real issue. However, the original application states that the proposed 90 seat church was based on a 10-year projection. It is now a year and nine months into this project and they are asking for an increase of 2,000 square feet to the St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 4 existing structure. This church has reached its 10-year projection. There is not another building in this residential area that has 4,000 square feet in it. If they intend to expand, they should be looking for a new location, this is not the place for this size of congregation. Traffic coming from 192nd to 116th to SE 188th and other traffic coming off of 120th westbound waiting to turn left into this 24-foot driveway, the entire street would feel the impact. The street is 21.6” wide with no curbs, sidewalks and no place for a vehicle to pull over and allow any other traffic in the neighborhood to pass when you have 35 cars waiting to come in for a church service. This is excessive and intrusive to the neighborhood. The noise level will increase. Rocale Timmons stated that there is a Code requirement that would require the applicant to provide half street improvements to SE 188th Street. That would include a 10-foot curb, gutter and sidewalk along the frontage of the parcel. Mr. Parayil stated that they were not adding any more people, the church is still the 90-seat that was previously proposed. There will only be 19 parking stalls. The new area they are asking for is just the entry area for the church and a social hall on the south side. The front of the property will be completely renovated so that there is enough space for cars to pass and not create any excess noise or congestion. Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing stopped at 9:47 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Babu Parayil for St. Thomas Orthodox Church, filed a request for a Conditional Use Permit and Site Plan approval. 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 Environmental Review Committee (ERC), the City‘s responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of rural residential uses, but does not mandate such development without consideration of other policies of the Plan. 6. The subject site is currently zoned R-4 (Single Family - 4 dwelling units/acre). 7. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008. A Conditional Use Permit was approved that allowed the conversion of an existing mechanical shop to a church. The decision to allow a church was upheld by the City Council after an appeal had been filed. The applicant applied for building permits but has not started construction. The applicant has subsequently decided to enlarge the existing building and new permits are necessary. St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 5 8. The subject site is located at 11651 SE 188th Street. It is bounded on its east margin by a private street, 118th Avenue SE. The easement creating this street runs through the subject site. 9. The subject site is approximately 1.1 acres or 48,351 square feet. 10. The subject site is essentially flat. The subject site contains a single family home, a guesthouse (a second single family home) and a shop building. The two homes are located in the north third of the property. The shop building is located in the southeast quarter of the property. 11. The applicant proposes converting the shop building into a church. The building is 1,960 square feet and one-story or 24 feet in height. The applicant proposes adding approximately 1,920 square feet of additional space to the existing building. The expansion would occur along the existing building's south and west sides. There would be cosmetic changes to the facade including new windows and doorways and the addition of a cross. The small "guest" home would be demolished. The second home would serve as the clergy's home. 12. Access to the site would be via 188th which is the public street running along the north side of the subject site. A fence would bar access to the subject site from the east, 118th Avenue. 13. The proposal would maintain a seating/assembly capacity of 90 parishioners. The proposed additions would accommodate new rest rooms and a social hall. 14. The applicant would provide 32 paved parking stalls. The parking stalls would be located along the south and western areas of the site including stalls north of the church building. 15. The applicant proposes additional landscaping along the eastern, southern and western edges of the site and south of the home and north of the church building in the middle of the site. 16. There was opposition to the original request and there is still opposition that suggests that the use is intrusive in a single family neighborhood and that the narrow street cannot support the traffic demands of the proposed use. There were also letters of support from some neighbors. 17. Staff reviewed the new design and based on that new design recommended that the proposal be approved. They recommended a series of conditions to reduce impacts on the neighboring property. 18. Access would be via a paved driveway from the north. It would include a paved hammerhead turnaround to accommodate emergency access. The parking lot would be paved. 19. There would be parking per code requirements and the applicant would provide 32 stalls, 13 more than the originally proposed 19 stalls. This would reduce potential parking in the neighborhood. Staff noted that a parking modification would be required for excess parking. 20. The converted church would have an assembly capacity of 90 parishioners which remains the same capacity as originally proposed. The current congregation is approximately 45 persons with an anticipated attendance of approximately 60 in five years. Growth beyond the capacity would have to be addressed if and when that occurred, as the space would be limited without additional renovation. 21. The applicant was concerned about conditions that would limit hours of operation as the limitation could affect Easter and other services. St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 6 CONCLUSIONS: Conditional Use Permit 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 4-3l-36 (C), which provides in part that: a. The proposal generally conforms to 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 i. Adequate public services are available to serve the proposal. The requested conditional use appears justified. 2. The only significant change since the original application is an expansion that would provide a social hall but not increase the seating capacity of the building. The congregation's size would still be limited and therefore, the impacts of the church on the neighborhood would not increase. As a matter of fact, the applicant agreed in advance to some of the original conditions including paving the parking area and removing the smaller guest house. They also asked to provide additional parking to reduce impacts on the neighborhood. Again, the church would supplant a mechanical shop which might be considered less compatible with a single family neighborhood. A mechanical shop is not permitted in a single family zone whereas a church is a permissible use. The division of the lot into potentially four new lots would increase traffic in the area by approximately 10 new trips per home on a daily basis whereas the church use would be confined to the weekend with occasional mid-week use. 3. Churches are generally allowed in most areas of the City by the Comprehensive Plan. Although that plan suggests they be located at the periphery of residential neighborhoods and be located along arterial streets those are not mandated by code. Those two criteria are guidelines. The larger, one-acre lot allows some inherent separation from its immediate neighbors. In addition staff has recommended some conditions that will help screen the site and attenuate noise. Air conditioning and sound containment are appropriate. 4. This office has determined that ascertaining community need for a church serving any particular religious denomination is an inappropriate criterion given Constitutional constraints. 5. While there may be impacts of establishing a church on this site they do not appear to be unduly intrusive. The realignment of the access to the public street from the narrow private roadway will considerably reduce traffic impacts on the neighboring properties. The recommendation to create more separation between the parking and surrounding properties will also reduce impacts. This office believes that while a modification to allow the additional parking on the site would also help reduce impacts on the neighborhood. 6. The rather modest one-story, building is already located on the subject site and the one-story expansions St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 7 into the large south and western yards is also modest and one-story, so there is no new intrusive building proposed. 7. The appropriate yards will be provided or maintained. The applicant shall provide 10 feet of setback and landscaping on the west to screen the parking area. 8. Traffic circulation is safe and adequate. 9. Church services and the voices of the congregants can occasionally spill out of the building and therefore, staff’s recommendation to contain noise by using climate control appears appropriate. The separation of the church from its neighbors is not substantial so limiting the impacts is appropriate. 10. Additional landscaping will help buffer the neighbors from the more intense uses that occur when up to 90 people gather on a property zoned for rural residential uses and surrounded by rural residential uses. The applicant shall provide at least 10 feet of landscaped buffer along the west and south property lines. Site Plan Review 11. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 12. The Site Plan review criteria in many ways mirror those of the Conditional Use criteria. Churches are permitted in single family zones. The setbacks and bulk of the building comply with the Zoning Code. Building and Fire Code compliance are determined when permit applications are submitted. 13. There will be impacts on the surrounding properties but they do not appear to be untoward. There was a mechanical shop on the site and its uses could change and be substantial. The site is large and additional landscaping, additional parking and paved parking areas will reduce the impacts on neighboring property. The use of 188th for access eliminates use of a very narrow street for access. It also contains turning maneuvers to the main street. 14. The applicant will be installing additional landscaping to help buffer the use. Paved parking will decrease St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 8 dust and reduce noise. 15. The paved parking and limited access provides safe and reasonable vehicular and pedestrian circulation. 16. The one-story building located away from the edges of the site should allow light and air on the property and on surrounding properties. 17. There are adequate public services for the subject site. 18. In conclusion, the establishment of a church on this property will change the character of the neighborhood and will have some additional impacts on that neighborhood but they do not appear to be unreasonable if the project is developed as now proposed and subject to the conditions suggested by staff. DECISION: The Conditional Use Permit and Site Plan are approved subject to the following conditions: The applicant shall comply with the two mitigation measures issued as part of the Determination of Non- Significance Mitigated, dated May 24, 2010. The applicant shall submit a detailed landscape plan designed by a certified landscape architect or other landscape professional. The plan shall include fence elevations and additional vegetation, including groundcovers, which give consideration to sunlight/shading on site. The revised detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant shall be required to submit screening detail for the refuse and recyclable deposit area prior to building permit approval. The applicant shall be required to submit a signage plan detailing among other points, signs for the parking lot, prior to building permit approval. The applicant shall revise the site plan to depict 18 parking stalls or apply for and have granted a parking modification for the parking stalls that exceed the number required by code. The revised site plan shall be submitted or parking modification granted prior to building permit approval. The applicant shall be required to relocate refuse and recycle deposit areas away from the pedestrian environment or enhance landscaping in the immediate area of the service element. A revised landscape or site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant shall provide detail differentiating the waiting area from the parking lot through the use of a change in elevation, difference in materials or other method. The detail shall be submitted to and approved by the Current Planning Project Manager prior building permit approval. The applicant shall be required to submit a lighting plan subject to review and approval by the Planning Division Project Manager prior to building permit submittal. The lighting plan shall depict the type of lighting proposed, the direction of the lighting, and the location of all of the exterior lights. The applicant shall be required to close windows and doors of the church during services. The applicant shall also be required to install insulation and Heating/Ventilation/Air Conditioning (HVAC) in the church building to reduce the amount of noise emitting from the structure. The applicant shall obtain a Certificate of Water and Sewer Availability, from the Soos Creek Water and Sewer District, prior to the approval of any building or construction permits. St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 9 The existing single-family dwelling proposed to be retained shall be converted to clergy residential housing in order to avoid conflicts with the proposed church use. The applicant shall be required to record a restrictive covenant prior to building permit approval, stating the single-family residence be used solely for clergy of the St. Thomas Orthodox Church. 12. The applicant shall limit the hours of operation of church activities to the hours of 7:00 a.m. to 10:00 p.m. The applicant may have extended hours no more than ten (l0) times during the year for specific events and services. 13. The applicant shall build a six-foot fence along the west property line to screen any potential glare onto the abutting property to the west. The fence design would need to be submitted to the Planning Division Project Manager for approval prior to issuance of a building permit. The fence shall be installed and inspected prior to occupancy permit issuance. ORDERED THIS 15th day of July 2010. FRED J. KAUFMAN HEARING EXAMINER TRANSMITTED THIS 15th day of July 2010 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., July 29, 2010. 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 IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 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., July 29, 2010. St. Thomas Orthodox Church II File No.: LUA 10-016, ECF, CU-H, SA-H July 15, 2010 Page 10 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 final processing of the file. You may contact this office for information on formatting covenants. 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.