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HomeMy WebLinkAboutSalvation Army, Conditional Use and SEPA Exemptionrx- '$ T 0 9 2'0 1 RECEIVED CITY CLERWS OFFICE 2 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) 10 RE: Salvation Army ) FINAL DECISION 11 Conditional Use and SEPA Exemption 12 ) LUA12-066, CU-H, SME ) 13 ) 14 15 Summary The Salvation Army has requested a conditional use permit to expand a 7,661 square foot 16 building by 1,384 square feet and to renovate the interior of the building. The building 17 currently provides for Salvation Army programs in a chapel, fellowship hall, kitchen, community classrooms, meeting rooms and offices. The expansion and remodel would bring 18 the building up to code and provide additional space for three of the four classrooms of the building, an additional office and an interior recycling facility. The Applicants also request a 19 shoreline exemption, as a small portion of the addition valued at less than $5,000 is located within the shoreline jurisdiction of the Cedar River. The conditional use permit and shoreline 20 exemption are approved with conditions for the conditional use permit. 21 22 Testimony 23 Vanessa Dolbie, City of Renton senior planner, summarized the staff report. The facility has 24 been in place since at least 1966, before a conditional use permit was required for it. It is surrounded on all four sides by streets. The site is zoned RMU. The site is partially located 25 within the shoreline jurisdiction of the Cedar River. The site 18,835 square feet and is SEPA 26 exempt. Ex. 3 is the site plan. The existing building is outlined in yellow. The Applicant has proposed an interior remodel in addition to the expansion. The addition would contain three of CONDITIONAL USE and Shoreline Exemption 1 1 2 3 4 5 rei 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the four classrooms of the building, one office and an interior recycling facility. Only one tree would be removed. One of the reasons for the addition is to provide separation between youth and adult programs for safety reasons. The location for the proposal is well suited given that it is located in the city center near a high school and provides numerous programs for City residents and youth. Given the proposed uses and the proven track record of the existing use no adverse impacts to adjoining uses is anticipated. The proposed building is not out of scale with surrounding uses. The building scale is small and landscaping helps promote compatibility. The proposed use is not categorized in the parking use table, so it is up to staff to determine what type of use it most closely fits. It is noted that many patrons use transit and van services. Off-site parking is also provided by agreement. Given these factors and past history the ll parking spaces provided by the Applicant has been found to be adequate. There is no increase in vehicular traffic anticipated for the proposal. Lighting is governed by code criteria and will help assure that lighting does not trespass onto adjoining properties. New landscaping ten feet wide will be located along Burnett and Tobin. There is no space along Tacoma to provide for additional landscaping. In response to questions from the Examiner, Ms. Dolbie noted that the project is SEPA exempt because of the dollar amount and Ex. 8 shows what's located in the shoreline jurisdiction is less than $5,000 in value. The street modification was approved by staff separately and was not consolidated with the conditional use permit application. Ms. Dolbie confirmed that staff has the authority under the code to waive landscaping requirements if necessary to accommodate setback/pedestrian requirements. Kayren Kittrick, City of Renton Public Works, testified that there is no ITE trip generation information that directly addresses the traffic generated by the proposal and that public works felt it had sufficient information on the project to conclude independently that it would not generate enough traffic to necessitate any traffic improvements. Dave Ellison, property manager for Applicant, testified the Applicant has been considering the improvements for several years and that the improvements would enable additional services for after school children to come in to the homework center and related activities and improve the appearance of the building. Grace Kim, project architect, noted that the project would add more "eyes on the street" by adding the youth entrance on a more active street. Toni Nelson, on the board of the Renton Salvation Army Corps, testified that any additions or improvements makes in Renton are definitely an asset to the community. CONDITIONAL USE and Shoreline Exemption Exhibits N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Z 20 21 22 23 24 25 26 Exhibits 1-13 identified at page 2 of the September 11, 2012 staff report were admitted into the record during the hearing on the applications. I W 113 11 QT1 1. Applicant. David Ellison for the Salvation Army. 2. Heariniz. The Examiner held a hearing on the subject application on September 18, 2012 at 9:00 am in the City of Renton Council Chambers. Substantive: 3. Project Description. The Salvation Army has requested a conditional use permit to expand a 7,661 square foot building by 1,384 square feet and to renovate the interior of the building. The building currently provides for Salvation Army programs in a chapel, fellowship hall, kitchen, community classrooms, meeting rooms and offices. The expansion and remodel would bring the building up to code and provide additional space for three of the four classrooms of the building, an additional office and an interior recycling facility. The Applicants also request a shoreline exemption, as a small portion of the addition valued at less than $5,000 is located within the shoreline jurisdiction of the Cedar River as depicted in Exhibit 8. The existing facility has 11 parking stalls of which two are ADA accessible. The facilities will provide services such as supper for homeless and hungry, showers, and church services on Sundays. In addition the Salvation Army provides youth programs including after school care, Girl Guards, Boy Scouts, Vacation Bible School, Summer Day Camp, and Teen Ministries. These youth programs and adult community support activities cannot occur simultaneously due to the physical constrains of the existing building, namely the inability to segregate the two populations served. The Applicant contends that the youth and adults need to be separated because of child safety issues, which is of great importance for the organization. The new proposed addition would provide a separate entrance for the youth programs allowing for the needed separation. In addition, the human services provided in the facility would function better and the program would be able to reach more people. The subject site is located at 720 S Tobin Street, also known as 65 Williams Ave S. The site is completely surrounded by roads, S Tillicum Street to the north, Williams Avenue South to the east, S Tobin Street to the south and Burnett Avenue South to the west. CONDITIONAL USE and Shoreline Exemption 3 I N 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 4. Surrounding Area. Multi -family development is located to the north, a medical dental office and the Cedar River to the east, senior housing and single family residential to the south and vacant property to the west. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. The proposal will nominally add to the area of an existing building in a heavily built environment in the City's downtown core area, so few adverse impacts are anticipated. Pertinent impacts are more specifically addressed as follows: A. Critical Areas. The site is located in an area of high seismic hazard and the Aquifer Protection Zone 1. The seismic hazard results from the potential for liquefaction of soils during an earthquake event. A geotechnical analysis that would assess soil conditions and detail construction measures to assure building stability shall be submitted at building permit stage as required by the City's critical areas ordinance. The overall purpose of the aquifer protection regulations is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. The proposed Salvation Army building does not store, handle, treat, use or produce substances that pose a hazard to the groundwater quality. B. Noise. It is anticipated that the most significant noise impacts would occur during the construction phase of the project. The Applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. Since no unusual noise producing activities are otherwise associated with the proposed use, the City's noise ordinance is sufficient to control other noise generated by the proposal. C. Li htin .. Based on the elevations provided with the application, three new light fixtures would be added to the exterior of the addition to the existing building. However, it is unclear if lighting proposed would cause glare or unreasonably trespass onto adjoining properties. Therefore, as recommended by staff, a condition of approval requires the Applicant 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 Planning Division Project Manager shall approve the lighting plan if it complies with applicable Design Regulations and conditional use permit criteria. D. Traffic. There is not an anticipated increase or growth in traffic as a result of the proposed addition. The City's Public Works Department has determined that no additional traffic improvements are necessary to serve the proposal. The new addition would allow for the expansion of the youth programming; however the kids that use these services typically CONDITIONAL USE and Shoreline Exemption L! 1 2 3 4 5 6 7 8 6] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ride the bus or walk from the nearby schools to attend. The existing community supper program would continue to operate and no vehicular traffic growth is anticipated as a result of this ongoing program. The population served by the services provided by the Salvation Army typically do not own vehicles and would walk, ride public transit or take advantage of the free shuttle pick up services the Salvation Army provides. Pedestrian walkways are provided to assure safe pedestrian circulation. The Applicant has proposed a network of pedestrian pathways which connect the building, parking area and sidewalks. A new connection would be provided from the new west entrance to the building out to South Tobin Street. The existing and proposed pathways would be located so that there are clear sight lines to either the sidewalk or the parking area. The Applicant has indicated in the provided site plan that the new walkways would be developed with concrete which would be an all-weather walking surface. The existing walkways are also concrete. E. Parking. The parking regulations, RMC 4-4-080, require a specific number of off-street parking stalls be provided for the identified use. However a Service & Social Organization is not specifically identified in the parking standards table of RMC 4-4-080. Therefore the Department of Community and Economic Development staff determined which uses are most similar based upon staff experience and the information provided by the application. With the application the Applicant has indicated that the 11 parking spaces, including two ADA accessible spaces are primarily used by the building staff and daytime visitors. In addition, the site is surrounded by public streets all of which provide on -street parking. The Applicant has indicated that the majority of the activities in the building take place during week nights when participants typically arrive on foot or take public transportation. Furthermore, on Sundays, church patrons are picked up at their homes via vans owned and operated by the Salvation Army. In addition, for the Church services the Salvation Army currently has designated offsite parking location where there are agreements with adjacent property owners. The subject location does not contain some of the high intensity Salvation Army services such as food distribution. Based on the information provided by the Applicant and the typical user of the services provided by the Salvation Army either arriving by foot, public transit, or van pickup; in addition to the proven history of the 11 space parking facility effectively functioning in the past, staff has determined that currently existing parking is sufficient and there is no evidence to the contrary. F. Compatibility. The minor addition to the existing facility coupled with the high intensity of surrounding uses should not create any compatibility problems. Staff also noted that the facility has a proven track record for not adversely affecting its neighbors. Further, the proposed addition to the building would provide new screening CONDITIONAL USE and Shoreline Exemption 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 for the refuse and recycling facility, a new entrance and street presence along Burnett Avenue South, and new landscaping which would further enhance the aesthetics of the facility. More specifically on landscaping, the building will be fully surrounded by landscaping to the extent that space is available. A conceptual landscape plan was submitted with the project application. The landscape plan includes a planting plan which proposes two types of shrubs; Regal Mist Pink Muhuly and Bowles Golden Sedge. The Applicant is proposing to provide new 10 -foot street frontage landscape areas along Burnett Avenue S and S Tobin Street in front of the building expansion. The remainder of the existing landscaping along S Tobin Street and Williams Avenue South is approximately ten feet in width and contains mature vegetation and existing trees. RMC 4-4-070G.3 encourages the retention of mature ornamental landscaping and trees. No landscaping is proposed along S Tillicum Street, however, because the combination of a 5 -foot setback and a pedestrian pathway there is no space remaining for landscaping. Other areas that are not landscaped include walkways, driveways and portions along S Tobin and S Tillicum Streets where the building encroaches into the 10 -foot landscaped area. Therefore the proposal complies with the on-site landscaping requirement for a 10 -foot wide landscape area per RMC 4-4-070. This site is appropriate for the subject use as it is located in the City Center and the downtown core, near both I-405 and Highway 167 in addition to public transit and the City's main transit center. The site is located near the Renton High School and is therefore accessible to high school students for their youth programs. The City center is intended to be a walkable neighborhood which is supplemented by public transit which is an ideal location for a public service entity. The surrounding community has been developed and contains existing sidewalks for safe pedestrian connections to surrounding residential neighborhoods and public transit facilities. The subject use has been located at this site since December 6, 1966 and had functioned in harmony with the surrounding neighborhood and businesses. Based on the services history at the subject site and its proximity to provide services to the overall community; the proposed location would be best suited for the proposed use. In addition, the Salvation Army is the only such use of this kind in the neighborhood (excluding their other facilities in the area) and therefore would not result in an over concentration of this particular use within the area or the City. CONDITIONAL USE and Shoreline Exemption Conclusions of Law G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Authori . RMC 4-8-080(G) classifies conditional use applications as Type III permits when Hearing Examiner review is required. The Zoning Use Table at RMC 4-2-060 requires a hearing examiner conditional use permit for service organization facilities in the RM zone. RMC 4-8-080(G) classifies shoreline exemption decisions as Type I permits, which are administratively approved by Staff with no required hearing. The conditional use permit and shoreline exemption applications have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest -number procedure". The conditional use has the highest numbered review procedures, so the conditional use and exemption must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. tions. The subject property is zoned Residential Multi- family Urban Center (RM -U). The comprehensive plan land use designation is Urban Center Downtown (UC -D). The subject property is also located in Design District W. 3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(D). All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. Conditional Use 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 pages 6-18 of the staff report, adopted and incorporated by this reference as if set forth in full, including all findings of fact issued therein. 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 location is suitable for the proposed use and will not result in a detrimental overconcentration of a particular use as determined in Finding of Fact No. 5(F). 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. CONDITIONAL USE and Shoreline Exemption 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. The proposed use is of a scale compatible with surrounding uses and has numerous design features to provide for consistency with neighborhood character as discussed at length in the `Building Architectural Design" section of the staff report, starting at p. 14. The proposal is further compatible with surrounding uses as detailed in Finding of Fact No. 5(F). RMC 4-9-030(C)(5): Parking. Adequate parking is, or will be made, available. 8. As determined in Finding of Fact No. 5(E), the proposal is served by adequate parking. 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. As determined in Finding of Fact No.5(D), the proposal provides for safe movement of pedestrians and no off-site traffic improvements are necessary to serve the project. The project will not change the traffic circulation created by the project and the public works staff has not found the existing circulation system to create any unsafe situation. 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(B) and (C), as conditioned noise and light impacts are adequately addressed and mitigated. 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 determined in Finding of Fact 5(F), the criterion is met. 4-9-190(C): The following shall not be considered substantial developments for the purpose of this Master Program and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP). An exemption from an SSDP is not an exemption from compliance with the Act or the Shoreline Master Program, or from any other regulatory requirements. CONDITIONAL USE and Shoreline Exemption 8 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Projects Valued at $5,000 or Less: Any development of which the total cost or fair market value does not exceed five thousand dollars ($5, 000.00), if such development does not materially interfere with the normal public use of the water or shorelines of the State. 12. The proposal is exempt from a shoreline substantial development permit. As determined in Finding of Fact No. 5, the portion of the project within shoreline jurisdiction has a fair market value of less than $5,000. It is clear that the proposal will not interfere with normal public use of the water or shorelines of the state. The conditional use permit and shoreline exemption applications are approved subject to the following conditions: 1. The addition/expansion shall be re -designed to reduce the eave projection into the setback to 24 inches. The updated design shall be provided to and approved by the Planning Division Project Manager prior to building permit submittal. 2. 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 lighting plan shall be approved if it satisfies the design regulations and conditional use criteria applicable to the proposal. 3. All roof mounted equipment shall be screened. A screening plan detail shall be provided to the Planning Division Project Manager for review and approval prior to building permit f[.Y.lWRIT-K4 DATED this 3e day of September, 2012. 1 Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices 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's decision CONDITIONAL USE and Shoreline Exemption 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to be filed within fourteen (14) calendar days from the date of the Hearing Examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (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 City Hall — 71, floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. CONDITIONAL USE and Shoreline Exemption 10