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HomeMy WebLinkAboutExhibit 14_Temporary Use Permit DecisionDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Decision_Bezos Academy TUP_211214_v2_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: January 24, 2022 Date of Expiration: January 24, 2023 or the day after the appeal period of the forthcoming Conditional Use Permit decision closes, whichever is first Project File Number: PR21-000438 Bezos Academy Project Name: Bezos Academy Land Use File Number: LUA21-000400, ECF, TUP Project Manager: Alex Morganroth, Senior Planner Owner: City of Renton, 1055 S Grady Way, Renton WA, 98057 Applicant/Contact: Susan Conway, Bassetti Architects / 71 Columbia St, Suite 501, Seattle, WA 98104/sconway@bassettiarch.com Project Location: 3000 NE 16th St Renton, WA 98056 (APN 7227800145) Project Summary: The applicant is requesting approval of a Tier 2 Temporary Use Permit in order to operate a preschool (classified as a Day care center) within an existing building at the North Highlands Neighborhood Center site. The site is located at 3000 NE 16th St (APN 7227800145) near the intersection of NE 16th St and Kirkland Ave NE and is approximately 2.6 acres in size. The parcel is located in the Residential-14 (R-14) Zoning District and is designated Residential High Density (HD) on the Comprehensive Plan Land Use Map. The parcel is owned by the City of Renton and consists of an existing 8,945 sq. ft. one-story wood-frame building constructed in 1942, surface parking, and a sports court. The proposed use would occupy approximately 4,603 sq. ft. of space within the existing building. The preschool would serve approximately 60 students ranging in age from three to five years old and would operate from 9:30 am to 3:30 pm daily. Approximately ten (10) employees would be employed at the preschool. Interior work proposed includes a restroom remodel, kitchen remodel, construction of an interior partition wall, various new finishes, and minor new plumbing and electrical. No exterior work is proposed as part of the project. No critical areas are mapped on the site according to COR Maps. No vegetation or trees are proposed for removal. The applicant submitted a Transportation Analysis and Environmental Checklist with the application. The project site is within the Sunset Planned Action Area. Site Area: 2.6 acres DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C City of Renton Department of Community & Economic Development Bezos Academy Administrative Report & Decision LUA21-000400, ECF, TUP Report of January 24, 2022 Page 2 of 6 D_Decision_Bezos Academy TUP_211214_FINAL B. EXHIBITS: Exhibits 1-5: As shown in the Environmental Review Committee (ERC) Concurrence Memo Exhibit 6: Administrative Decision Exhibit 7: Transportation Concurrency Memo, prepared by Brianne Bannwarth and dated November 23, 2021 Exhibit 8: Lease Agreement, dated June 4, 2021 Exhibit 9: Planned Action Ordinance No. 5813 Exhibit 10: Sunset Area Final Environmental Impact Statement Exhibit 11: ERC Planned Action Concurrence Memo, dated November 29, 2021 Exhibit 12: Temporary Use Permit Abatement Agreement, dated January 6, 2022 Exhibit 13: Acknowledgement of Building Permit Review and Issuance, dated January 21, 2022 C. GENERAL INFORMATION: 1. Owner(s) of Record: City of Renton, 1055 S Grady Way, Renton, WA 98057 2. Zoning Classification: Residential-14 (R-14) 3. Comprehensive Plan Land Use Designation: Residential High Density (RHD) 4. Existing Site Use: Community Center 5. Critical Areas: None 6. Neighborhood Characteristics: a. North: Single and multifamily residential; Residential High Density (HD) Comprehensive Plan Land Use Designation; Residential -14 (R-14) zone b. East: Single and multifamily residential; Residential High Density (HD) Comprehensive Plan Land Use Designation; Residential -14 (R-14) zone c. South: Single and multifamily residential; Residential High Density (HD) Comprehensive Plan Land Use Designation; Residential -14 (R-14) zone d. West: Preschool; Residential High Density (HD) Comprehensive Plan Land Use Designation; Residential -14 (R-14) zone 7. Site Area: 2.6 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Epstein Annexation N/A 1246 04/16/1946 Sunset Area Planned Action EIS LUA10-052 N/A 06/06/2011 Hearing Examiner Site Plan Review, Conditional LUA11-101 N/A 02/20/2013 DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C City of Renton Department of Community & Economic Development Bezos Academy Administrative Report & Decision LUA21-000400, ECF, TUP Report of January 24, 2022 Page 3 of 6 D_Decision_Bezos Academy TUP_211214_FINAL Use Permit, and Lot Combination Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Sunset Area Planned Action Ordinance (Revised) N/A 5813 08/08/2016 E. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on November 4, 2021 and determined the application complete on the same day. The project complies with the 120-day review period. 2. The project site is located 3000 NE 16th St Renton, WA 98056 (APN 7227800145). 3. The project site is currently developed with the North Highlands Community Center. 4. Access to the site would be provided via NE 16th St. 5. The property is located within the Residential High Density (RHD) Comprehensive Plan land use designation. 6. The site is located within the Residential-14 (R-14) zoning classification. 7. No critical areas are mapped on the site. 8. The applicant is proposing to begin construction in the spring of 2022 and end by summer of 2022. 9. Staff received no public comment letters. 10. The subject property is located within the Sunset Planned Action Area where a Planned Action Ordinance (Ord. 5813; Exhibit 9) was adopted in accordance with the State Environmental Policy Act (SEPA) for redevelopment of the Highlands Area. The Final EIS document was issued April 1, 2011 (Exhibit 10).The Environmental Review Committee (ERC) reviewed the Bezos Academy application and issued a Concurrence Memo designating the proposal a planned action (Exhibit 11) and therefore, the project would not require a SEPA threshold determination, preparation of an EIS, or be subject to further environmental review pursuant to SEPA. 11. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. F. ANALYSIS: The applicant, Susan Conway of Bassetti Architects on behalf of the Bezos Academy, is requesting approval of a Tier 2 Temporary Use Permit (TUP) in order to operate a pre-school (classified as a Day Care Center) within the existing building on the North Highlands Neighborhood Center site at 3000 NE 16th St (APN 7227800145). The proposed use would occupy approximately 4,603 sq. ft. of space within the existing building and include three (3) total classrooms. Per RMC 4-2-060, a ‘Day care center’ is allowed in the Residential -14 (R-14) zone with an approved Hearing Examiner Conditional Use Permit (CUP). Upon TUP approval, the applicant will begin tenant improvements while pursuing a Conditional Use Permit and, if necessary, other needed land use entitlements to move forward with long term approval of the day care center. Due to the timeframe established by the project DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C City of Renton Department of Community & Economic Development Bezos Academy Administrative Report & Decision LUA21-000400, ECF, TUP Report of January 24, 2022 Page 4 of 6 D_Decision_Bezos Academy TUP_211214_FINAL scope, staff recommends that the TUP expire one year from decision issuance, or upon closing of the appeal period for the subsequent land use entitlements (CUP and/or other entitlements), whichever is first. To allow staff the appropriate time needed for review of the CUP and associated entitlements and attempt to keep to the applicant’s timeline, staff recommends, as a condition of approval, the applicant shall submit a complete application for the additional land use entitlements no later than May 1, 2022. Submittal materials must be submitted for review and approval by the Current Planning Project Manager in order to be pre-screened for completeness prior to the issuance of a Notice of Complete Application. The TUP application and decision does not preempt a Conditional Use Permit application or decision. The forthcoming Conditional Use Permit decision may include conditions that require additional studies, site work, or other improvements. The temporary use permit is subject to RMC 4-9-240J Temporary Use Permit Decision Criteria. The Administrator may approve, deny, modify, or condition an application for a temporary use permit, based on consideration of the following factors: Compliance Temporary Use Permit Decision Criteria Analysis ✓ a. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the vicinity of the temporary use. Staff Comment: The properties abutting the subject parcel include an existing pre- school (Meadow Crest Early Learning Center) and a multi-family apartment complex. The operation of an additional, smaller pre-school within an existing structure will not negatively impact property or improvements in the vicinity and has similar characteristics to the other existing uses in the neighborhood. No exterior work is proposed as part of the project and the pre-school would be located within a building space previously occupied by a community center, resulting in no changes to the built environment. According to the Transportation Analysis submitted by the applicant and prepared by Heffron Transportation Inc (Exhibit 4), the proposed pre-school is not anticipated to generate more trips than the previous community center use at full building occupancy and will therefore not increase any traffic impacts on the surrounding properties. ✓ b. Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site Staff Comment: Vehicular access to the site is currently provided via a single driveway off of NE 16th St. According to the applicant, parents or guardians will enter parking lot from the driveway to drop off and pick up students at the start and end of the day. Per the executed lease agreement between the City of Renton and the applicant (Exhibit 8), seven (7) parking spaces will be reserved for the applicant’s exclusive use and may be marked as such via signage or paint. Therefore, adequate parking facilities and egress are provided to serve the temporary use. ✓ c. Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses. Staff Comment: According to the applicant, the preschool would operate between the hours of 9:30 am and 3:30 pm daily. The hours specified represent hours of operation typical of most schools and/or day care centers, including the existing Meadow Crest Learning Center adjacent to the site. In addition, the temporary use DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C City of Renton Department of Community & Economic Development Bezos Academy Administrative Report & Decision LUA21-000400, ECF, TUP Report of January 24, 2022 Page 5 of 6 D_Decision_Bezos Academy TUP_211214_FINAL would be contained within an existing building and therefore, would not adversely impact surrounding uses. ✓ d. The temporary use will not cause nuisance factors such as noise, light, or glare which adversely impact surrounding areas. Staff Comment: The proposed temporary use would be primarily contained to the interior of an existing building. No changes to the exterior of the building are proposed and therefore, no new light or glare impacts would occur. Noise generated by the use, primarily occurring during outdoor activities with students, would be typical for a preschool or daycare and would be substantially similar to the existing noise impacts created by the existing adjacent Meadow Crest Learning Center. See additional comments under criteria ‘a’ and ‘c’. ✓ e. If applicable, the applicant has obtained the required right-of-way use permit Staff Comment: N/A. G. DECISION: The Bezos Academy Tier 2 Temporary Use Permit, File No. LUA21-000400, ECF, TUP, as depicted in Exhibit 3, is approved and is subject to the following conditions: 1. The applicant shall submit a complete application for the Hearing Examiner Conditional Use Permit and any other needed land use entitlements no later than May 2, 2022. Application materials must be submitted to the Current Planning Project Manager for pre-screening review. If a complete application for the land use entitlements has not been received by this date, this Temporary Use Permit shall become void unless otherwise determined by the Current Planning Project Manager. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on January 24, 2022 to the Owner/Applicant/Contact: Owner: Applicant/Contact: City of Renton 1055 S Grady Way Renton, WA 98057 Susan Conway, Bassetti Architects 71 Columbia St, Suite 501, Seattle, WA 98104 TRANSMITTED on January 24, 2022 to the Parties of Record: none TRANSMITTED on January 24, 2022 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Acting Economic Development Director DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C 1/24/2022 | 3:20 PM PST City of Renton Department of Community & Economic Development Bezos Academy Administrative Report & Decision LUA21-000400, ECF, TUP Report of January 24, 2022 Page 6 of 6 D_Decision_Bezos Academy TUP_211214_FINAL Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 7, 2022. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. EXTENSIONS: Extension requests do not require additional fees and shall be requested in writing 30 days prior to permit expiration to the Department of Community & Economic Development Administrator. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Bezos Academy Land Use File Number: LUA21-000400, ECF, TUP Date of Report January 24, 2022 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Susan Conway, Bassetti Architects 71 Columbia St, Suite 501, Seattle, WA 98104 Project Location 3000 NE 16th St Renton, WA 98056 (APN 7227800145) The following exhibits are included with the Administrative Report: Exhibits 1-5: As shown in the Environmental Review Committee (ERC) Concurrence Memo Exhibit 6: Administrative Decision Exhibit 7: Transportation Concurrency Memo, prepared by Brianne Bannwarth and dated November 23, 2021 Exhibit 8: Lease Agreement, dated June 4, 2021 Exhibit 9: Planned Action Ordinance No. 5813 Exhibit 10: Sunset Area Final Environmental Impact Statement Exhibit 11: ERC Planned Action Concurrence Memo, dated November 29, 2021 Exhibit 12: Temporary Use Permit Abatement Agreement, dated January 6, 2022 Exhibit 13: Acknowledgement of Building Permit Review and Issuance, dated January 21, 2022 DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C