HomeMy WebLinkAboutFirst Ukrainian Pentecostal Church Conditional Use Permit - LUA-18-0002531
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: First Ukranian Pentecostal Church
Conditional Use Permit
LUA18-000253, CU-H
Summary
FINAL DECISION
The Applicant has applied for a conditional use permit, parking modification and street modification to
expand the First Ukranian Pentecostal Church located at 3811 NE 21st St. The applications are
approved subject to conditions.
The Applicant's request at the public hearing to approve its street modification request to eliminate a
planter strip requirement between curb and sidewalk along project frontage is denied for the reasons
identified in the last paragraph of Finding of Fact No. 5(D) and Conclusion of Law No. 3.
Testimony
Angelea Weihs, City of Renton Associate Planner, summarized the staff report. In response to
examiner questions Ms. Weihs responded that all pervious portions of the project are landscaped.
Imad BahBah, project architect, stated the Applicant is supportive of the staff recommendation except
for the requirement to put a landscaping strip in front of the sidewalk. All other landscaping strips in
the area are put behind the sidewalk. For the width of the property, which is about 160 feet along the
frontage, it doesn't make sense to have to transition the strip to the front of the sidewalk. There are
also two driveways there, so it is a strange transition point to change the location of the landscaping
strip.
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The Examiner asked if there would be any objections to looking to Google earth photographs of the
project site to reviewing surrounding frontage landscaping. There were no objections.
Ms. Weihs rebutted that abutting properties don't have landscaping between curb and sidewalk
because those properties are nonconforming. The new landscaping requirement is a safety requirement
to provide separation between pedestrians and the roadway.
Exhibits
Exhibits 1-15 identified at Page 2 of the February 19, 2019 staff report were admitted into the record
during the hearing. The following exhibits were also admitted during the hearing:
Exhibit 16: Staff PowerPoint
Exhibit 17: City of Renton COR maps
Exhibit 18: Google aerial photographs
FINDINGS OF FACT
Procedural:
1. Applicant. Ivan Feltson, First Ukrainian Pentecostal Church, 3811 NE 21st ST, Renton, WA
98056.
2. Hearing. A hearing was held on the application on February 19, 2019 in the City of Renton
Council Chambers.
3. Project Description. The Applicant has applied for a conditional use permit, parking
modification and street modification to expand the First Ukranian Pentecostal Church located at 3811
NE 21st St. (Parcel nos. 0423059237 and 0423059307). The west parcel (0423059237) is 65,340
square feet (1.5 acres) and is developed with an existing church and paved parking areas. The east
parcel (0423059307) is 43,560 square feet (1 acre) and is partially developed with paved and gravel
parking. The proposed project includes parking lot expansion, a building addition to the existing
church sanctuary, and stormwater infrastructure construction within the two parcels. The existing
church is currently 17,211 square feet. The church sanctuary addition will increase the building size to
18,961 square feet. The site currently has 99 parking stalls. The Applicant proposes to add an
additional 77 stalls, for a total of 176 parking stalls. Current access for the site is via two existing curb
cuts off of NE 21 st St.
4. Surrounding Uses. The project site is surrounded by single-family development all zoned as
R-6.
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5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
Pertinent impacts are more specifically addressed as follows;
A. Compatibility/Noise/Light/Glare. As conditioned, the proposal will not create any
significant noise or light impacts. Activities and assemblies would be held indoors.
Exterior noise impacts would be limited to vehicles arriving and departing the site. The
Applicant states that additional parking lot lighting is proposed in the SEPA checklist
(Exhibit 14); however, this lighting was not shown on the provided site plan (Exhibit 3).
Details of the lighting plan were not provided with the project application, therefore, a
condition of approval requires that an on -site lighting plan be provided with the Civil
Construction permit application demonstrating compliance with RMC 4-4-075, which
prohibits light trespass to adjoining properties
The proposal is compatible with adjoining development because of the absence of noise
and light impacts and the installation of perimeter landscaping to buffer it from adjoining
residential uses as identified in Finding of Fact No. 5(E) and retention of trees as identified
in Finding of Fact No. 5(F).
B. Critical Areas and Natural Features. There are no critical areas at the project site.
C. Parking. The existing parking complies with the City's parking standards so the proposal
is found to provide for adequate parking.
The project site currently has 99 existing parking stalls. The Applicant proposes to add an
additional 77 stalls, for a total of 176 parking stalls. For religious institutions, the
regulations require a minimum and maximum of 1 for every 5 seats in the main auditorium.
Religious institution seating capacity outside of the auditorium is subject to "outdoor and
indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs" uses,
which requires a minimum and maximum of 1 for every 4 fixed seats. The Applicant is
proposing a total of 432 seats within the sanctuary, which would require a total of 86
parking stalls. There are a total of 220 seats outside of the sanctuary within the banquet
and meeting rooms, which requires a total of 55 parking spaces. The minimum and
maximum number of parking stalls required by the development is 141 parking spaces. The
Applicant's proposal exceeds parking requirements.
The Applicant has submitted a parking modification request (Exhibit 13) in order to exceed
the maximum number of permitted parking stalls by 35 parking spaces, for a total of 176
parking spaces. Of the 176 proposed on -site parking spaces, 6 spaces would be ADA
accessible and 92 spaces (52%) would be compact. The maximum number of compact
parking spaces permitted by code per RMC 4-4-080F.8.c.iii, is 30%. The proposed parking
expansion exceeds the maximum percentage of compact parking spaces; therefore, a
condition of approval requires that the Applicant submit a revised site plan and landscape
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plan that demonstrates compliance with maximum compact spaces regulations for review
and approval by the Current Planning Project Manager at the time of Civil Construction
Permit.
The existing and proposed parking stalls are located on two separate parcels (Parcel nos.
0423059237 and 0423059307). Approximately 60 parking spaces are located on the same
lot as the existing church building (parcel number 0423059237). The remaining 116
parking spaces are located on a separate parcel (parcel number 0423059307). Both parcels
are owned by First Ukrainian Pentecostal Church. In order to ensure that the proposal
complies with minimum parking space regulations, a condition of approval requires that the
Applicant submit an application for Lot Combination for Parcel numbers 0423059237 and
0423059307.
D. Vehicular and Pedestrian Circulation. As determined by City public works staff, the
project assures for adequate and appropriate transportation facilities and the safe
movement of vehicles and pedestrians.
A Traffic Impact Analysis, prepared by Heath & Associates, Inc., dated March of 2018,
was submitted with the project application (Exhibit 6). The primary access to the site via
NE 21 st Street would be maintained with an inbound driveway and an outbound driveway
as currently designed. The church currently has one Sunday morning service and a more
lightly attended Sunday evening service. The report states that the Sunday peak period was
targeted for analysis purposes since it generally represents the worst case scenario with
respect to traffic conditions for this church. The report concludes that the proposed church
addition and parking expansion will be a moderate generator of new trips in the area with
roughly 47 additional total daily trips expected to be generated on a typical Sunday, with
18 of those trips occurring during the Sunday peak hour. A traffic impact analysis is
required when the estimated vehicular traffic generated from a proposed development
exceeds 20 vehicles per hour in either the AM (6:00 — 9:00) or PM (3:00 — 6:00) peak
periods. The proposed church expansion project does not generate 20 new peak hour trips
in the morning or evening peak periods. Therefore, it is not anticipated that the project will
generate traffic that causes significant impacts on the roadway system.
Staff had concerns regarding pedestrian safety without the presence of adequate street
lighting following public right of way improvements. The nearest street light is more than
70 feet away from the project site. Therefore, pursuant to the City of Renton's
Environmental Ordinance and SEPA (RCW 43.21 C, 1971 as amended), on January 28,
2019, the Environmental Review Committee issued a Determination of Non -Significance -
Mitigated (DNS-M) for the First Ukrainian Pentecostal Church Expansion (Exhibit 9),
which required that the Applicant provide one (1) street light within the abutting street
frontage of the property that is consistent with the street lighting standards of RMC 4-6-
060I at the time of construction permit application.
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As determined by public works staff, if conditions of approval and environmental review
mitigation measures are complied with, it is anticipated that the proposed expansion shall
ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on
the surrounding area.
At the hearing, the Applicant requested that the Examiner approve its street modification
request to have the frontage landscaping strip placed behind the sidewalk as opposed to in
front, between the curb and sidewalk. The Applicant asserted that placing the planter strip
in front of the sidewalk would not have any safety benefits as asserted by staff, due to the
presence of multiple driveways. The Applicant also pointed out that all of the other
sidewalks in the vicinity do not have planter strips located between curb and sidewalk. As
identified by staff, the other sidewalks are nonconforming and were constructed prior to
the RMC 4-6-060 requirement for planter strips between curb and sidewalk. The
Applicant's architect was the person who advocated the street modification at the hearing.
Traffic engineers from the City's public works department are the persons who determined
that the planter strip should be retained in its required location for pedestrian safety. The
public works view point is the more compelling on this issue. The presence of the two
adjoining driveways on the project's street frontage creates the opportunity for multiple
vehicular turning movements occurring at the same time that numerous pedestrians are also
accessing the site. Creating some additional separation between pedestrians and vehicles
via the planter stirp does appear to provide for greater pedestrian safety against the turning
movements and traffic circulation caused by the proposal.
E. Landscaping. The proposal complies with City landscaping standards and therefore
provides for sufficient landscaping.
A Landscape Plan (Exhibit 11) was submitted with the project application. Per RMC 4-4-
070B.11, changes in the use of a property or remodel of a structure that requires
improvements equal to or greater than fifty percent (50%) of the assessed property
valuation triggers compliance with the landscaping regulations for the entire site. The
project proposal is more that 50% of the valuation of both properties based on assessors
records; therefore, compliance with landscaping regulations for the entire site is required.
However, there is an exception, Per RMC 4-4-070C.2.e, for alterations or small additions
determined by the Community and Economic Development Administrator not to warrant
improvements to the entire site.
The proposal would require perimeter parking lot landscaping, with a minimum depth of 10
feet, around the existing and proposed parking lot. The perimeter parking lot landscaping is
required to have a mixture of trees, shrubs, and groundcover per RMC 4-4-070H.4. The
Applicant is proposing perimeter landscaping along only the new parking lot expansion.
Compliance with required perimeter landscaping between the existing parking lot and the
drainage tract (042305TRCT) on the abutting property would require the removal of 23
existing parking spaces. The required perimeter parking lot landscaping along this portion
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of the property (in the vicinity of parking stalls number 34-56, as identified on the provided
Landscape Plan), is eliminated pursuant to the above exemption. Based on the provided
site plan, no perimeter parking lot landscaping is proposed along the west side of the
existing parking lot (along parking stalls numbered 1-14, as identified on the provided
Landscape Plan). Compliance with perimeter landscaping requirements along these parking
stalls would not necessitate the removal of existing parking spaces; therefore, in order to
ensure compliance with perimeter parking lot landscaping regulations, a condition of
approval requires that a detailed landscape plan be submitted at the time of Utility
Construction Permit Review that includes 10 feet of perimeter parking lot landscaping
along parking stalls numbered 1-14. The perimeter parking lot landscaping shall be revised
to include a mixture of trees, shrubs and groundcover.
In addition to required perimeter parking lot landscaping requirements, the Applicant is
required to provide a sight -obscuring visual barrier between the existing church use and the
abutting residential uses. The proposed new parking lot expansion includes a 10-foot wide
perimeter landscape strip; however, the provided Landscape Plan does not identify if this
proposed landscape strip is fully sight -obscuring, as required by code; therefore. a
condition of approval requires that a detailed landscape plan be submitted at the time of
Utility Construction Permit Review that either revises the proposed perimeter landscaping
to be fully site obscuring, or revises the proposal to include 15-feet of partially sight -
obscuring landscaped visual barrier, in compliance with RMC 4-4-070F.4.c. The existing
vegetation and trees along the west and south property lines of parcel number 0423059237
do not meet the dimensional requirements for landscaping visual barrier regulations per
RMC 4-4-070F.4.c; however, the existing mature trees and landscaping is adequate to
screen the existing use from the abutting uses along those property lines; therefore, the
project only has to comply with landscaping visual barrier regulations on the new portions
of the parking lot expansion, pursuant to the above exemption.
The proposal requires a minimum of 10 feet on site landscaping along the public street
frontage (NE 21st Street). The proposal does not account for the approximate 23 feet of
public right-of-way (ROW) dedication required along the street frontage. The Applicant
would need to demonstrate compliance with the required 10-foot street frontage
landscaping following the required ROW deduction. To ensure that the 10-foot onsite
landscape strip provides the required mix of trees, shrubs, and ground cover, a condition of
approval requires that a detailed landscape plan be submitted at the time of Utility
Construction Permit Review including the 10-foot onsite landscape strip required along NE
21 st Street, that includes a mixture of trees, shrubs and groundcover.
The Applicant has indicated that a total of 176 parking spaces would be available upon the
completion of the proposed expansion. Based on a minimum requirement of 35 square feet
of landscaping per parking space, a total of 6,160 square feet of landscaping would be
required within the surface parking lot. The Applicant indicates that a total of 3,158 square
feet of surface parking lot landscaping would be installed on the project site. The provided
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Landscape Plan does not label the proposed groundcover, in addition, not all of the
proposed shrubs meet the minimum size requirement of 2-gallons. The proposal is not
compliant with minimum interior parking lot landscaping standards; therefore, a condition
of approval requires that a detailed landscape plan and landscape analysis demonstrating
compliance with the parking lot landscaping requirements, as outlined in RMC 4-4-070, be
submitted at the time of Utility Construction Permit application for review. The required
landscaping shall be installed prior to Certificate of Occupancy for the building addition.
F. Tree Retention. The proposal complies with the City's tree retention standards and for
that reason is found to provide for sufficient retention of vegetation. A Landscape Plan
(Exhibit 11) and Topographical Survey (Exhibit 12) were provided with the project
application that identify a total of 15 existing significant (6 caliper inches or greater) trees
located on -site. The provided project narrative states that no tree removal is proposed;
however, the landscape plan identifies that two 6-inch caliper trees located within an
existing landscape island will be removed. In addition, three 6-inch caliper trees are located
within the proposed (23-foot) public right-of-way dedication and are anticipated for
removal following street frontage improvements. Renton Municipal Code, Section 4-4-
130H. l.a.i., requires the retention of at least 30 percent (30%) of the significant trees in a
residential or institutional development. Based on a required retention rate of 30 percent, a
total of 4 trees would be required to be retained on the project site. The Applicant is
proposing to retain a total of 10 significant trees on -site; therefore, based on the provided
landscape plan, the proposal complies with minimum tree retention requirements.
Conclusions of Law
1. Authority. Hearing examiner conditional use permits qualify as Type III review pursuant to
RMC 4-8-080(G). The modification requests are classified by RMC 4-8-080(G) as Type I review.
RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest -number
procedure". The Type III conditional use review is the "highest -number procedure" and therefore
must be employed for all of the permit applications. As outlined in RMC 4-8-080(G), the Hearing
Examiner is authorized to hold hearings and issue final decisions on Type III applications subject to
closed record appeal to the Renton City Council.
2. Zonin /g Comprehensive Plan Designations. The subject property is within the Residential
Medium Density (MD) Comprehensive Plan land use designation and R-6 zoning designation.
3. Review Criteria/Street and Parking Modification. RMC 4-2-060 requires a hearing examiner
conditional use permit for religious institutions in the R6 zone. Conditional use criteria are governed
by RMC 4-9-030(D). Applicable conditional use standards are quoted below in italics and applied
through corresponding conclusions of law. The requested street and parking modifications are found
to be consistent with all applicable criteria for the reasons identified in Findings 19 and 20 of the staff
report, adopted by this reference as if set forth in full. At hearing the Applicant requested that the
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Examiner not follow the staff recommendation to deny the Applicant's street modification request to
eliminate the planter strip requirement between curb and sidewalk on the project's street frontage. For
the reasons identified in Finding of Fact No. 5(D), it is concluded that the modification request must
be denied as recommended by staff in order to comply with the safety criteria applicable to the
modification request.
The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following
factors for all applications:
RMC 4-9-030(C)(1): Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the
zoning regulations and any other plans, programs, maps or ordinances of the City of Renton.
4. The proposal is consistent with all applicable comprehensive plan policies and development
standards as outlined in Findings of Fact No. 15 through 17 of the staff report, adopted by this
reference as if set forth in full.
RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the immediate area of the
proposed use. The proposed location shall be suited for the proposed use.
5. The proposed use is compatible with surrounding uses and will create no significant adverse
impacts for the reasons identified in Finding of Fact No. 5(A). There is no overconcentration of
church use in the area as the church is located in a single-family neighborhood and the aerial
photographs of the project site as shown in Ex. 18 do not reveal any other churches or similar uses
within several blocks of the project site.
RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location
shall not result in substantial or undue adverse effects on adjacent property.
6. As determined in Finding of Fact No. 5, there are no adverse impacts associated with the
proposal, so it will not result in substantial or undue adverse effects on adjacent property.
RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
7. For the reasons identified in Finding of Fact No. 5(A), the proposed use is compatible with the
scale and character of the neighborhood.
RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available.
8. Parking is adequate as determined in Finding of Fact No. 5.
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RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and
shall mitigate potential effects on the surrounding area.
9. The proposal provides for safe movement of pedestrians and vehicles and doesn't create
adverse traffic impacts as determined in Finding of Fact No. 5(D).
RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
10. As determined in Finding of Fact No. 5(A), the proposal will not result in any adverse light,
noise or glare impacts.
RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
11. As testified by staff, there are no undeveloped portions of the site without landscaping. As
determined in Finding of Fact No. 5, the proposal will involve a significant amount of new perimeter
landscaping to buffer adjacent residential use.
DECISION
The conditional use permit, parking modification and street modification applications satisfy all
applicable review criteria for the reasons identified in the findings and conclusions of this decision and
for that reason are approved subject to the following conditions:
1. The Applicant shall either revise the proposed impervious surface on both parcel numbers
0423059237 and 0423059307 to comply with maximum impervious surface requirements
and/or the Applicant shall submit an application for a Lot Line Adjustment with the
neighboring parcel to the south (parcel number 0423059068; also owned by the First Ukrainian
Pentecostal Church) in order to modify the lot area to comply with impervious surface
requirements. The Lot Line Adjustment shall be submitted for review and approval by the
Current Planning Project Manager, prior to Civil Construction Permit issuance.
2. A detailed landscape plan consistent with RMC 4-8-120 shall be submitted for review and
approval by the Current Planning Project Manager, prior to Construction Permit Issuance. The
detailed landscape plan shall include, but is not limited to, the following amendments:
a. Perimeter parking lot landscaping shall be included along parking stalls numbered 1-14.
b. The proposed perimeter parking lot landscaping shall either be revised to be fully site
obscuring, or shall be revised to include a 15-foot wide, partially sight -obscuring,
landscaped visual barrier, in compliance with RMC 4-4-070F.4.c.
c. A 10-foot onsite landscape strip shall be included along NE 21 st Street. The landscape
strip shall include a mixture of trees, shrubs and groundcover.
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d. The revised Landscape Plan shall demonstrate compliance with the minimum parking
lot landscaping square footage requirements, as outlined in RMC 4-4-070F.6.b.
3. The Applicant shall submit a revised site plan that demonstrates compliance with maximum
compact parking space regulations for review and approval by the Current Planning Project
Manager prior to Construction Permit issuance.
4. An on -site lighting plan shall be provided with the Civil Construction permit application
demonstrating compliance with RMC 4-4-075. The lighting plan shall be reviewed and
approved by the current planning project manager prior to Civil Construction permit issuance.
5. The Applicant shall replace the existing 15 feet of temporary asphalt sidewalk to the east of the
project frontage with concrete sidewalk meeting City standards. Compliance with this
condition shall be demonstrated at the time of Civil Construction permit application.
6. The Applicant shall submit a site plan demonstrating compliance with turning radius fire access
requirements for review and approval by the Renton Fire Authority at the time of Civil
Construction Permit.
7. With the construction permit application the Applicant shall either: provide an approximate 70-
foot long, 8-inch diameter water main extension in order to ensure the Fire Port Connection
(FPC) is within 50 feet of the hydrant; or, the Applicant shall provide an alternate layout, with
the Double Detector Check Valve Assembly (DDCVA) located in the landscape planter
outside the building (which is located within 50 feet of the fire hydrant). Utility plans reflecting
these change shall be reviewed and approval by the Current Planning Project Manager and
Development Engineering prior to Construction Permit issuance.
8. The Applicant shall submit an application for Lot Combination for Parcel numbers 0423059237
and 0423059307, prior to Civil Construction Permit Application. The Lot Combination shall
be recorded prior to certificate of occupancy of the proposed addition.
DATED this 26t' day of February, 2019.
Phif A.01brechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III application(s)
subject to closed record appeal to the City of Renton City Council. Appeals of the hearing
examiner's decision must be filed within fourteen (14) calendar days from the date of the decision.
A request for reconsideration to the hearing examiner may also be filed within this 14-day appeal
period.
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Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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