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HomeMy WebLinkAboutD_HEX_Decision_LUA05-162® April 3,2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION OWNER/APPLICANT:Renton Bible Church PO Box 2580 Renton,WA 98058 CONTACT: LOCATION: Patrick Paul J.Patrick Mitchell &Associates 12620 120 th Avenue NE,Ste.208 Kirkland,WA 98034 Renton Bible Church Addition LUA-05-162,CU-H,SA-H,V-H =973 Union Avenue NE SUMMARY OF REQUEST: SUMMARY OF ACTION: Conditional Use Permit approval,Site Plan approval and Variance approval in order to construct an addition to the existing Renton Bible Church. Development Services Recommendation:Approve with one condition. DEVELOPMENT SERVICES REPORT:The Development Services Report was received by the Examiner on February 28,2006. 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 ofthe March 7,2006 hearing. The legal record is recorded on CD....: The hearing opened on Tuesday,March 7,2006,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 contammg the original application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3:Master Site Plan/Floor Plans Exhibit No.5:Conceptual Landscape Plan Exhibit No.2:Existing Site Plan Exhibit No.4:Architectural Elevations Exhibit No.6:Preliminary Civil Plan Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 2 Exhibit No.7:Phase I First Floor Plan Exhibit No.8:Phase I &II First Floor Plan Exhibit No.9:Phase 11 First &Second Floor Plans Exhibit No.11:Color Board for Siding (for illustrative purposes only) Exhibit No.10:Zoning Map/Neighborhood Detail Map Exhibit No.12:Color Board with Proposed Roofing Material (for illustrative purposes only) The hearing opened with a presentation of the staff report by Jill Ding,Senior Planner,Development Services, City of Renton,1055 S Grady Way,Renton,Washington 98055.The subject site is located within the Residential-8 Dwelling Unit per acre zoning designation.It is also located within the Residential Single-Family Comprehensive Plan designation.The site is located on the west side of Union Avenue NE,the northeast corner is directly across from NE 10th Street and it is located within a single-family residential neighborhood. The site is comprised of two parcels which total 1.9 acres.The existing church building is 7,329 square feet in area,the applicant is proposing a total addition in area of 14,797 square feet,leaving a total building area of 21,206 square feet. The applicant has requested an extended approval for the construction of the additions that would be constructed in two phases.It is estimated that the construction of both phases will take approximately nine years. Phase one includes all site development work an•the expansion of the parking lot.Phase two would include the construction on the first floor on the eastern side of the building facing Union Avenue NE.The applicant requested a variance for a 38'clerestory steeple and a 44'tall cross.They have also requested a modification to reduce the 50'setback from a residential property for the outdoor refuse and recyclable storage areas to 28 feet. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated with 4 mitigation measures.No appeals were filed. This plan is consistent with the public facilities land use element.The project is in compliance with the setback and lot coverage requirements for the R-8 zone.The main building does comply with the required height limit, however,the steeple and the cross are proposed to exceed that height limit.Since the cross is a religious symbol,it is not subject to the City's height requirements,the variance is not required for the proposed cross. The project's location within the vicinity of other similarly sized uses would indicate that the proposed location is suitable for this proposed use.This project should not increase noise,odor,traffic or other adverse impacts to surrounding properties.Additional landscaping will be provided with the additions,which will help screen the church from the surrounding residential properties. The proposed additions have been designed to blend into the existing homes in the area.At the completion of both phases the applicant indicated that the church would provide a maximum seating for 340 people.The existing parking area is proposed to expand to 102 parking spaces,which exceeds the maximum number of required parking spaces.A pedestrian access is being provided from the church to the existing sidewalk within Union Avenue NE. A 20-foot wide strip of landscaping is proposed along the eastem property line,a 9-14 foot strip along on the southern property line,a 9-foot wide strip along the western property line and a 9-foot wide strip along the northern side property line.The proposed landscaping would be a variety of trees,shrubs and ground cover. There is a 10-inch watermain that has been proposed along the northern property line within the side yard @ @RentonBibleChurchAddition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2OO6 Page 3 setback,the landscape plan does propose a row of trees in that location,however no trees are permitted within the watermain area.A revised landscape plan must be submitted showing no trees or shrubs in that area. The City's parking regulations have additional landscaping requirements.A minimum of 35 square feet of landscaping is required per parking space,based on 102 parking stalls,3,570 square feet of landscaping would be required within the parking area.The applicant has proposed 7,593 square feet of landscaping. The applicant indicated that any rooftop equipment would be screened from the surrounding residential properties.A refuse and recyclable area was proposed to be located on the northwest portion of the site.The requirements are 2 square feet per 1,000 gross square feet of building area for a recyclable center and a minimum of 4 square feet per 1,000 gross square feet of building area for a refuse center.Based on 21,000 gross square feet a minimum of 100 square feet ofrecyclable area and 100 square feet of refuse area would be required.The proposed area is 132 square feet,which does not meet the minimum requirements.A revised site plan must be submitted with the building application showing the required minimum area for this area.The area must also be screened and that detail must also be submitted.The recycle and refuse area must maintain a 50- foot setback from a residential zoned property.The applicant has requested a modification to reduce the setback to 28-feet.Staff reviewed the modification and as there is adequate area located in the adjacent parking area, staff recommends that the modification be denied and that the refuse and recycle area be relocated. The applicant is proposing a significant amount of landscaping around the perimeter of the subject site,once the trees and shrubs become mature,the church would be appropriately screened from the surrounding residential properties. Traffic and Fire mitigation fees were imposed on this proposed project. A 10 inch watermain typically requires a 15-foot easement,however the church building would be located within that required 15-foot easement.It is being required that a 10-foot utility easement be in that location and a 15-foot easement in all other portions of the lot. The Examiner proposed that Staff take up with Council to amend the ordinance for steeples and variances. Ms.Ding continued;it seems that the code does provide a little more flexibility for churches,under the height requirements and conditional use criteria it does indicate that a church may obtain a variance from the height requirements for steeples.The variance that is requested is limited to the clerestory steeple.The steeple is important for the church's religious expression and the church would suffer if it were required to comply with the height requirements.Ttie steeple tops out at 38-feet,8-feet above the permitted height requirement. Granting the variance for the proposed steeple would not be injurious to the surrounding property owners.The proposed steeple would be located towards Union Avenue NE and would be screened by the existing and proposed landscaping along Union Avenue NE. Patrick Paul,12620 120 th Avenue NE.,Suite 208,Kirkland,WA 98034 stated that they were generally pleased with the staff report and all the findings.Regarding the setback along the north property line,the existing building is 32-feet from the north property line,the new sanctuary area in front,the high wall of that area is actually in the same line as the existing building.All of the new building extending out to the north will only be one story high.The 2-story portion in the back is 22-feet from the property line. As far as shading going on to the north,there are several very large trees that already shade the property to the north.And finally,the reasoning behind the trash location,on submitted drawings,there is a screen enclosing the trash area.Placing it next to the fence was chosen in order to tuck it into the existing trees.It seems that it Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 4 would be less out in the open than if the staff proposal is approved.We would put the dumpsters out in the parking lot,more in the open. J.Patrick Mitchell,12620 120 th Avenue NE.,Ste.208,Kirkland,WA 98034 stated that the reason the 10-inch water line is located on the north side of the property is something that the Fire Marshal proposed and was agreed upon in order to meet the fire requirements of this building.The loop line going around the building is what was recommended. Jerry Waldron,Baseline Engineers,Inc.,1910 64 th Avenue W.,Tacoma,WA 98466 stated that he was the civil engineer for this project.When the preliminary design was prepared for the detention systems they were not sure whether the site would infiltrate.By using the 1998 Level 2 requirements a credit would be given for the church and parking lot.If they were required to use the 2005 Manual,that does not allow for a credit for the church and parking lot and that would increase the cost.They were unable to locate an aerial map prior to 1975, there are maps fiom 1978 showing that the church was on this property.They would like to get approval to use the 1992 Manual,the church was built in the 1950's. The Examiner stated that the issue before him is that no one appealed the ERC's determination,which he cannot tamper with.Ms.Kittriek may be able to address some of the concerns. Kayren Kittrick,Development Services stated that the fire flow requirements require the 10-inch looped main and typically there should be 15-feet of clearance on this water line,it is unlikely that it can be moved from that area where it is currently proposed.There needs to be as much distance from the proposed foundation as possible.They will not be messing with any of the larger trees that already exist in that area.They are not generally the bigger problem,as it is when the trees are directly over the water line. 2005 detention versus 1998 versus pictures,staff will entertain as much information as the engineer would like to give to make their case.The 2005 Manual is applicable in this case but there are always exceptions. This lot does drain to the south and into Cedar Creek. 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 9:54 a.m. FINDINGS,CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1.The applicant,Renton Bible Church,filed a request for approval of a Conditional Use Permit,a Site Plan and a Variance to add additional parking,to enlarge the building and add a steeple. 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,issued a Determination of Non-Significance -Mitigated (DNS-M)for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter.. ®,,Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 5 ° . . 8. . 10. 11. 12. 13. 14. 15. The subject site is located at 973 Union Avenue NE.The subject site is located on the west side of Union just north ofNE 10th Street.The church has been on this property for more than 50 years. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses,but does not mandate such development without consideration of other policies of the Plan.The Comprehensive Plan permits churches in appropriate residential neighborhoods where arterial access is available. The subject site and neighboring sites are zoned R-8 (Single family residential-8 units per acre). The subject site is a rectangular parcel.It is 1.9 acres or 81,099 square feet.The existing church is located in the northeast quadrant of the subject site. The church's eXisting building area is approximately 7,329 square feet.Parking is primarily located south and west of the building.•. The applicant proposes a phased expansion over nine (9)years.Phase One,scheduled between 2006 and 2009,would include expanding the parking lot to 102 stalls,eliminating the north driveway,and constructing a multi-purpose worship center and additional classroom space.There would be seating for 200-240 persons and the additions would total approximately 6,083 square feet. Phase Two would occur between approximately 2009 and 2015.It would include a two-story expansion with 4,752 square feet on the ground floor and 3,962 on the upper floor.The space would be used for classrooms,kitchen and offices.The applicant would remove the classroom space constructed during Phase One and'enlarge the assembly area to accommodate between 325 and 340 seats. The parking lot currently is located more or less in the southwest quadrant of the subject site.It would be expanded to encompass most of the western third of the site.A dumpster and recycling station was proposed along the north perimeter of the subject site and a modification was requested since code requires a 50-foot setback from a residential property (see below).Staff recommended against the : proposed location.Staff noted that there are other locations available that meet the code requirements of a 50-foot setback from the northern property line where residential property is located.The applicant,at the hearing,agreed to move the station to a suitable location. The building will eventually be extended toward the north more than the current building,but still maintain the appropriate setback for the R-8 zone.A fence is already located on this northern boundarylI Landscaping will be located in this area but staff noted it would be constrained by the fact that a portion. of a required looped watermain will run through the north side yard on an easement.Larger plantings cannot be located over a watermain. In addition to the expansion plans noted above,the applicant will be erecting a clerestory steeple along the front of the building.The steeple proposed to be 38 feet tall,will exceed the 30 foot height limits of the R-8 Zone.The applicant requested a variance to allow the steeple in that location.A 44-foot tall cross will also be located further back on the building but crosses are exempt from the height limits of the zone. The new addition would cover approximately 21.3%of the site whereas the zone permits coverage up to 35%. Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 6 @ 16.The R-8 Zone requires a 15-foot front yard,20-foot rear yard and 5-foot interior side yards.The applicant proposes a 20-foot front yard,11-foot north side yard,88-foot south side yard and a 163-foot rear yard.The applicant proposes 20 feet of landscaping along the front property line,9 to 14 feet along the south property line,9 feet on the west or rear line and 9 feet along the north property line. 17.The parking and loading ordinance requires 1 stall per 5 seats.The maximum seating capacity after the second expansion would be 340 seats,which would require 68 parking stalls whereas 102 are proposed. 18.Garbage and recycling area size is based on the service area with 4 square feet required for each 1,000 square feet of building area.The applicant did not propose a sufficient area and will have to provide 200 square feet.As noted,staff recommended that the area be moved away from the residential boundary and toward the center of the parking area. CONCLUSIONS: Conditional Use Permit °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 4-9-030 (G)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 Adequate public services are available to serve the proposal. The requested conditional use appears justified and should be approved. .While the Comprehensive Plan suggests the area in which the subject site is located is for single-family uses it recognizes that houses of worship are generally associated with single-family neighborhoods. The church has been located at this site for more than fifty years and expansion after that long is not unexpected.Both the additional interior space and the parking lot expansion are compatible with goals and policies of the Comprehensive Plan. .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 @ @ ,,Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 7 exist.While other criteria may be used to determine if the use is appropriate or intrusive,this one seems inappropriate for governmental review. ,The elimination of the north driveway as well as the re-design and expansion of the parking lot will make the church a better neighbor.While the church will narrow the north side yard,the building will observe a larger setback than is required and landscaping should offset visual impacts.The larger parking lot should help accommodate more off-street parking and lessen the impacts on the community. It appears that the church has been a reasonable neighbor and has not had any untoward impacts on the community.= .The church will be expanded and the new steeple will be taller than most surrounding structures but the impacts do not appear to be significantly different in scale than neighboring single-family homes. ..The parking lot and building will abide by the R-8 setbacks.There will be nomodification for the garbage and recycling center and that should eliminate potential noise impacts on the adjacent single- family use to the north.While a looped watermain will limit the potential landscape buffer,landscaping. should still provide a reasonable separation and buffer along property lines.The modifiedcirculation patterns appear adequate and staff believed that the current street situation is acceptable. Site Plan .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. g. h. Provision for safe and efficient vehicle and pedestrian circulation; Provision of adequate light and air; Adequacy of public services to accommodate the proposed use; Many of these criteria mirror those used in analyzing the Conditional Use Permit and there is no need to repeat the analysis in those areas.The proposed use satisfies these and other particulars of the ordinance. .As noted,churches are compatible with single-family communities and single-family zones.This church has been a member of this community for a half century and should remain a reasonable neighbor.Compliance with Building and Fire Codes will be determined when actual building plans have been submitted. 8RentonBibleChurchAddition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 8 . 10. 11. 12. ® 13. As noted,the parking lot will be landscaped and located mainly to the rear of the church.The expansion of the parking lot should remove vehicles from the street lessening impacts on neighbors during services.The driveway near the north property line will be eliminated. 14. The church building and expansion appears to be well designed.The peaked roof and clerestory spire will be stepped in appearance lessening the apparent bulk of the structure. 15. The single driveway and enlarged parking lot will simplify maneuvering into and out of the parking lot and within the lot.Pedestrian circulation appears reasonable. 16. The site is still predominately open with large yards allowing plenty of light and air for the site and surroundings. Variance 17. Variances may be granted when the property generally satisfies all the conditions described in part below: a.The applicant suffers undue hardship caused by special circumstances such as:the size,shape, topography,or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b.The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c.The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity;and d.The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property is ripe for the variance requested. The main hardship in this instance is a height limitation that restricts a religious tradition characterized by a steeple.Churches are generally finished with a steeple and the applicant seeks to add one to its existing building to provide a finished,and,yes,more traditional appearance. The steeple would top out at a height of 38 feet or 8 feet taller than the 30 feet the zone permits.In fact, peaked roofs may exceed that 30 feet based on the formula used to calculate height.So while the 38 feet is taller than a fiat-roofed single family home it may not be that much taller than one with a pitched or peaked roofline.It would not appear that the taller steeple would harm either the general public or other property in the vicinity. Granting a religious institution a variance to permit a steeple of 38 feet would not be creating a precedent.It would be applied strictly to churches practicing their religion. It appears that the design provides a reasonably proportioned building and the eight feet seems the minimum necessary to allow the addition of this architectural detail so tied to church image. @,Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 • Page 9 @ Modification 18.As demonstrated by staff,there is no reason to allow the garbage/recycling station to be placed in a position that might affect neighboring property.The station shall be located so that it meets code requirements. 19.In conclusion,the proposed additions and alterations appear reasonable. DECISION:•=•-: The proposed Phased Expansion and Conditional Use Permit,Site Plan and Variance are approved subject to the following conditions: . 2. . The applicant shall comply with the ERC conditions. The landscape plan shall be revised to remove any trees or shrubs that would have roots that can damage the proposed watermain located on the north property line.A revised landscape plan shall be submitted with the building permit application.• A revised site plan shall be submitted with the building permit application providing a minimum of 100 square feet for a recyclable area and 100 square feet for the refuse area,and providing the required minimum 50-foot setback for the refuse and recyclable area from surrounding residentially zoned properties. .A screening detail for the refuse and recyclable area shall be submitted with the building permit application. ORDERED THIS 3 •day of April 2006. F••1••-• HEARING EXAMINER TRANSMITTED THIS 3 •day of April 2006 to the parties of record: Jill Hall 1055 S Grady Way Renton,WA 98055 Renton Bible Church PO Box 2580 Renton,WA 98058 Patrick Paul J.Patrick Mitchell &Associates 12620 1202 Avenue NE,Ste.208 Kirkland,WA 98034 TRANSMITTED THIS 3 'd day of April 2006 to the following: ®Renton Bible Church Addition File No.:LUA-05-162,CU-H,SA-H,V-H April 3,2006 Page 10 O 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 Meelding,Building Official Planning Commission Transportation Division Utilities Division Neil Watts,Development Services Janet Conklin,Development Services Pursuant to Title IV,Chapter 8,Section 100Gofthe City's Code,request for reconsideration must be filed in writing on or before 5:00 p.m,April 17•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, a•er review of the record,take fiarther action as he deems proper. An appeal to the City Council is govemed by Title IV,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 fried in writinl•on or before 5:00 p.m.,April 17•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 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 conceming the proposal.Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications conceming 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.