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HomeMy WebLinkAboutKhalsa Gurmat Center Conditional Use Final Decision - LUA-15-000388 - 8-4-2015CIN OF RENTON AUG 0 6 2015 RECEIVED CIN CLERK'S OFFICE 1 2 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 10 RE: Khalsa Gurmat Center FINAL DECISION I I Conditional Use 12 LUA15-000388, CU-H 13 14 15 Summary 16 The applicant requests approval of a conditional use permit in order to change the retail use of 6,500 17 square feet of the Cascade Village Shopping Center to religious use. The application is approved. 18 Testimony 19 Kris Sorenson, Renton planner, summarized the project. In response to examiner questions, he 20 confirmed that interior improvements are a small part of the building involving temporary walls, new carpeting and painting. The value of the interior work is less than 50% of the value of the 21 building. City review included review by public works staff and they did not find that there 22 would be any increase in traffic created by the change in use that would necessitate off-site mitigation. 23 Diljit Sethi, applicant's representative, was present to answer questions. 24 Exhibits 25 26 The July 21, 2015 Staff Report Exhibits 1-1I identified at page 2 of the Staff Report were admitted into the record during the hearing. In addition, the Staff PowerPoint presentation from CONDITIONAL USE t 1 the hearing was admitted as Ex. 12. 2 3 FINDINGS OF FACT 4 Procedural: 5 1. Applicant. Jasmit S. Kochar. 6 2. Hearing. A hearing was held on the application on July 21, 2015 in the City of Renton 7 Council Chambers. 8 Substantive: 9 3. Project Description. The applicant requests approval of a conditional use permit in order to 10 change the retail use of 6,500 square feet of the Cascade Village Shopping Center to religious use. The Khalsa Gurmat Center, a non-profit religious institution, proposes to locate in the space on I I weekends for teaching and assembly. Cascade Village is a 593,653 square foot (13.6 acres) site with multiple single-story buildings. The subject site address is 16940 116th Ave SE for the subject 12 storefront location in Building B (at PID 2823059009). Access to the storefront is from 116th Ave SE and SE 168th St. The applicant previously received City of Renton approvals for a Temporary 13 Use Permit and Building Occupancy for interior tenant improvements and limited use. The shopping 14 center where the subject use would locate has an existing mix of restaurants, on-site services, retail, vacant storefronts, and religious institution uses. No exterior building work or changes to existing 15 landscaping, parking, or other improvements are proposed. Tenants would use the existing vehicle parking area near the building. 16 The proposed education space has been used previously as a retail and pharmacy store. There is a 17 mix of businesses located in the multiple buildings at the shopping center including retail sales, on- 18 site services, religious institutions, and restaurants. The proposed location within the existing single- story building is suited for the proposed use and would not result in a detrimental overconcentration 19 of a particular use within the City or within the immediate area. 20 4. Surrounding Area. Surrounding areas are composed of a mix of commercial, recreational and 21 single-family use. 22 5. Adverse Impacts. There are no significant adverse impacts associated with the project, as would be expected since the change in use is limited to the interior of an existing building that will 23 not be noticeable from the exterior. There are no critical areas on site. Impacts are more specifically addressed as follows: 24 A. Noise. The addition of a religious institution is not anticipated to add any increase in25noiseatthesubjectsitecomparedtotoday, as there is existing commercial activity at the 26 site now, with varied hours of operation for each storefront located in the shopping center. CONDITIONAL USE I Any potential increase in noise is not anticipated to be any greater than the previous retail 2 and pharmacy store. 3 B. Lighting. There are no proposed changes to the existing building and therefore no 4 anticipated impacts related to light and glare. 5 C. Aesthetics. There are no exterior alterations proposed except for perhaps a new sign. No adverse aesthetic impacts are anticipated. 6 D. Parking. The City's parking standards set a legislative standard for adequacy of parking. 7 RMC 4-4-080(B)(1)(b)(iv) provides that changes in use in a shopping center do not 8 trigger any additional parking requirements. Staff also testified that the amount of parking that serves the site exceeds the parking needs of the shopping center as a whole. 9 E. Traffic. City public works staff reviewed the proposal and found no need for any off-site 10 traffic mitigation. Given that the proposed weekend use likely will generate less traffic then the pre-existing and projected traffic use for the space, the staff's conclusions on this 11 issue appear sound. Staff also found existing on-site traffic circulation to be safe for 12 vehicular and pedestrian movement. 13 Conclusions of Law 14 15 1. Authority. RMC 4-8-080(G) classifies conditional use applications as Type III permits when Hearing Examiner review is required. As Type III applications, RMC 4-8-080(G) grants the 16 Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed 17 record appeal to the City Council. 18 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Commercial 19 Arterial (CA). The comprehensive plan land use designation is Commercial Corridor. 20 3. Review Criteria. RMC 4-2-060 requires a hearing examiner conditional use permit for religious uses in the CA zone. Conditional use criteria are governed by RMC 4-9-030(D). All 21 applicable criteria are quoted below in italics and applied through corresponding conclusions of law. 22 RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be 23 compatible with the general goals, objectives,policies and standards of the Comprehensive Plan, the 24 zoning regulations and any other plans,programs, maps or ordinances ofthe City ofRenton. 4. The proposal is consistent with the Comprehensive Plan and development regulations as 25 outlined in the staff report at pages 5-6,which is incorporated by this reference as if set forth in full. 26 CONDITIONAL USE I RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the 2 detrimental overconcentration of a particular use within the City or within the immediate area ofthe proposed use. The proposed location shall be suitedfor the proposed use. 3 5. As determined in Finding of Fact ("FOF") No. 3, the proposal will not result in a detrimental4overconcentrationofaparticularuse. 5 RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location 6 shall not result in substantial or undue adverse effects on adjacent property. 7 6. As determined in Finding of Fact No. 5 there are no adverse impacts associated with the 8 proposal, so it will not result in substantial or undue adverse effects on adjacent property. 9 RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and 10 character ofthe neighborhood. 11 7. As determined in Finding of Fact No. 5 there are no adverse impacts associated with the proposal. Further, the proposal does not involve any exterior alterations except perhaps a new sign. 12 For these reasons,the proposal is compatible with the sale and character of the neighborhood. 13 RMC 4-9-030(C)(5): Parking:Adequate parking is, or will be made, available. 14 8 As determined in FOF No. 5,the proposal will provide for adequate parking. 15 RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles andpedestrians and 16 shall mitigate potential effects on the surrounding area. 17 9. As determined in FOF No. 5, the proposal will not create an adverse traffic impacts and 18 provides for safe movement of vehicles and pedestrians. 19 RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impactsfrom the 20 proposed use shall be evaluated and mitigated. 10. As determined in FOF No. 5, the proposal will not create any significantly adverse light, glare21ornoiseimpacts. 22 RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by 23 buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent propertiesfrom potentially adverse effects ofthe proposed use. 24 25 11. As noted in the staff report, the proposal does not trigger any new landscaping under the 26 City's landscaping standards. Also, additional landscaping is not necessary to buffer the proposal from adjoining uses as no adverse impacts are anticipated. CONDITIONAL USE 4 1 2 DECISION 3 The proposal meets all conditional use criteria as outlined above. The conditional use permit is 4 approved. 5 DATED this 4th day of August, 2015. 6 7 8 PhiT A.01brmbis 9 City of Renton Hearing Examiner 10 11 Appeal Right and Valuation Notices 12 RMC 4-8-110(E)(9) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the Hearing Examiner's13decisiontobefiledwithinfourteen (14) calendar days from the date of the Hearing Examiner's 14 decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11 O(E)(8) and RMC 4-8-100(G)(4). A new fourteen 15 (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton 16 City Hall—7t floor, (425)430-6510. 17 Affected property owners may request a change in valuation for property tax purposes 18 notwithstanding any program of revaluation. 19 20 21 22 23 24 25 26 CONDITIONAL USE 5