Document Redmond_doc_4530565543

APPEAL (LAND-2016-01799) OF APPROVAL OF TYPE II SITE PLAN ENTITLEMENT (LAND-2013-00171) PLANNING DEPARTMENT REPORT TO HEARING EXAMINER MEMO TO: Sharon Rice, Hearing Examiner FROM: Planning Department, City of Redmond DATE: September 4, 2018 PREPARED BY: David Lee, Senior Planner (425) 556-2462 SUBJECT: ADMINISTRATIVE APPEAL OF THE TECHNICAL COMMITTEE SITE PLAN ENTITLEMENT DECISION OF LAND2013-00171 ANJUMAN-E-BURHANI REQUEST: The Appellant is appealing the approval of the Anjuman-E-Burhani based on the following issues: 1. “City erred in calculating required parking based on seating capacity.” 2. “City erred in calculating proper setbacks based on proposed building height.” 3. “City erred in calculating required parking for assembly use.” 4. “City erred in reviewing traffic impacts of the project.” 5. “City erred in approving a guest apartment to be part of the building.” 6. “City erred in not applying scale, bulk, and neighborhood character.” 7. “City erred by not conditioning the application on overall building capacity.” 8. “City erred by not incorporating any growth projections into its review process.” 9. “City erred by not complying with transit corridor preservation rules.” HEARING DATE: September 10, 2018 EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 2 Page 2 of 21 Table of Contents Section Page I - Exhibits 2 II - Background 3 III - Jurisdiction 4 IV – Appellant’s Basis For Appeal 4 V – Relief Sought By Appeal 5 VI – Analysis of Basis of Appeal 5 VII – Analysis of Assertions 7 VIII – Conclusions In Support Of Staff Recommendations 19 IX – Staff Recommendations 20 SECTION I. EXHIBITS Exhibit 1 LAND2018-00701 – Appeal Staff Report, September 4, 2018 Exhibit 2 LAND2018-00701 – Appeal Application, June 27, 2018 Exhibit 3 LAND2013-00171 – Technical Committee Site Plan Entitlement Transmittal Letter and Notice of Decision, June 12, 2018 Exhibit 4 Anjuman-E-Burhani General Application; undated Exhibit 5 Anjuman-E-Burhani Cover Sheet, Site Plan, and Full Plan Set, January 27, 2017 Exhibit 6 Seattle Masjid Anjuman-E-Burhani Site Plan Entitlement Building Elevations, January 27, 2017 Exhibit 7 City of Redmond Design Standards Checklist, Undated (Submitted during 2017 design review) Exhibit 8 Anjuman-E-Burhani Masjid (Mosque) Design Review Submittal, Project LAND2013-00171, undated (Submitted during 2017 design review) Exhibit 9 Design Review Board Minutes April 6, 2017 Exhibit 10 Anjuman-E-Burhani Community Complex Traffic & Parking Letter, Prepared by Jake Traffic Engineering, Inc., May 28, 2013 Exhibit 11 Anjuman-E-Burhani Community Complex Traffic & Parking Letter 206 Update R1, Prepared by Jake Traffic Engineering, Inc., December 20, 2016 Exhibit 12 Transportation Solutions, Inc., Anjuman-E-Burhani Community Complex, Response to WSDOT Comments, July 24, 2017 & November 16, 2017 Exhibit 13 Administrative Interpretation of RZC 21.08.280.B (regarding fixed seating), EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 3 Page 3 of 21 April 29, 2015 Exhibit 14 Administrative Interpretation of RZC 21.08.280.A (regarding parsonage as accessory use), April 29, 2015 Exhibit 15 Downtown Redmond Link Extension, Preliminary Engineering Drawings, Intermediate Submittal, April 3, 2018. Exhibit 16 Downtown Redmond Link Extension (DRLE), Conceptual Design Drawings, Final Draft, July 30, 3018. Exhibit 17 Technical Committee Request for Additional Information, March 7, 2016. Exhibit 18 SEPA DNS SEPA2017-00172; Dated March 9, 2017 SECTION II. BACKGROUND Appellant Eugene Zakharyev 5126 154Th Avenue NE Redmond, WA 98052 [EMAIL REDACTED] Project Applicant: Eliyas Yakub Anjuman-E-Burhani Seattle 12903 NE 126Th Place, Unit B240 Kirkland, WA 98034 Site Plan Entitlement Formal Application Date: February 13, 2014 Appeal Filed: June 27, 2018 Hearing Date: September 10, 2018 Location: 15252 NE 51St Street, Redmond WA 98052 Parcel Size: The total area of the site is 2.3 acres Neighborhood: The proposed project is within the Overlake Neighborhood as identified within the Comprehensive Plan. EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 4 Page 4 of 21 Land Use Designation: This property is within the Overlake Neighborhood and in the R-5 zone which is envisioned as a low to moderate density residential neighborhoods on lands suitable for urban development. These goals are further defined in the Comprehensive Plan Policy LU-34. Zoning Designation: The subject site is zoned R-5, within the Overlake Neighborhood. Surrounding Land Use and Zoning: Zoning Land Uses North: R-5 Subdivision East: R-5 Underdeveloped single-family parcel South: ROW City/ State owned ROW West: WSDOT 520 highway Access: Vehicle access for this site will be from NE 51st Street SEPA: A Determination of Non-Significance (DNS) was issued by the Technical Committee on March 9, 2017 NOTICE OF DECISION: June 12, 2018 SECTION III. JURISDICTION In accordance with RZC Section 21.76.060(I), Appeal of Type II Decisions, the Appellant is required to specify the basis of their appeal. An appeal must be based on an error of law or fact, procedural error, or new evidence which could not have been reasonably available at the time of the public hearing or consideration of approval. The Appellant must provide: 1) facts demonstrating that they were adversely affected by the decision, 2) a concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria, 3) the specific relief requested, and 4) any other information reasonably necessary to make a decision on the appeal. SECTION IV. APPELLANT’S BASIS FOR APPEAL EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 5 Page 5 of 21 The Appellant has appealed the Denial of the Extension Request for Resubmittal based upon the following assertions: 1. “City erred in calculating required parking based on seating capacity.” 2. “City erred in calculating proper setbacks based on proposed building height.” 3. “City erred in calculating required parking for assembly use.” 4. “City erred in reviewing traffic impacts of the project.” 5. “City erred in approving a guest apartment to be part of the building.” 6. “City erred in not applying scale, bulk, and neighborhood character.” 7. “City erred by not conditioning the application on overall building capacity.” 8. “City erred by not incorporating any growth projections into its review process.” 9. “City erred by not complying with transit corridor preservation rules.” SECTION V. RELIEF SOUGHT BY APPEAL The Appellant is seeking the following relief through this appeal: 1) Reversal of decision made by the Technical Committee; 2) Modify the project to comply with State and City regulations SECTION VI. ANALYSIS of BASIS for APPEAL The following is the criteria for applying for appeal as outlined in RZC 21.76.060I.2. Staff has provided an outline below of the appeal application questions that must be responded to in full by the Appellant as well as, an analysis of how the criteria for application/Appellant responses has or has not been properly met. Per RZC 21.76.060I.2.: Commencing an Appeal Who May Appeal. Any party of record may appeal the decision. The applicant is a party of record and has appealed the Type II Technical Committee Site Plan Entitlement Decision. Form of Appeal. A person appealing a Type I or II decision must submit a completed appeal form which sets forth the following: EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 6 Page 6 of 21 1. Facts demonstrating that the person is adversely affected by the decision; ▪ Response (by applicant) to Question 1 of Section B of the Application for Appeal: “The development proposal at issue in this appeal will be constructed in the vicinity of [the] Appellant’s house and will have significant traffic, parking, noise and other land use impacts on the Appellant and his family. The scale and bulk of the proposed building will result in drastic changes to the neighborhood character.” The City does not challenge the adequacy of the Appellant’s standing in this appeal. 2. A concise statement identifying each alleged error of fact, law, or procedure, and the manner in which the decision fails to satisfy the applicable decision criteria; The letter, attached to the appeal application, was provided and contains the basis of the Appellant’s response to this question. The crux of two of the Appellant’s arguments in his appeal application (Exhibit 2) is that the City did not use the International Building Code as a basis for seating capacity, setbacks, heights, and parking. As the Hearing Examiner is aware, the decision in question is a land use decision based on and in the Redmond Zoning Code (RZC), and not the International Building Code (IBC). The IBC is a regulatory technical document for administering life-safety issues for building permits, and not land use matters. The IBC is adopted through the Redmond Municipal Code as the City’s building code, and not the zoning code. The citation of the International Building Code (IBC) would be more appropriate for any appeal of building permits issued for this project. For those reasons, staff respectfully requests the Hearing Examiner dismiss the following assertions from the appeal due to the basis of the Appellant’s argument being rooted in the IBC and not the RZC: A. “City erred in calculating required parking based on seating capacity.” B. “City erred in calculating required parking for assembly use.” The remaining assertions made by the Appellant will be analyzed in the “Analysis of Assertions” section of this report. 3. The specific relief requested; a. The applicant is requesting the following relief: EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 7 Page 7 of 21 • “The Hearing Examiner should reverse the [Type II Site Plan Entitlement] Decision and;” • “Direct the City & the applicant to modify the project to comply with state and city regulations.” o Appellant does not clarify which state and city regulations to comply with 4. Provide a written statement of findings of fact which are being appealed: a. The applicant’s response to this criteria: • “See attached letter.” o The attached letter, dated June 27, 2018, was provided and attached to the appeal application form for this question. The letter’s content does not provide any concise statements of findings of fact. It does however contain interpretations of the Appellants belief in how the Redmond Zoning Code, Comprehensive Plan, and Washington State law should be interpreted and implemented. The Notice of Decision for the SPE stated that appeals were required to be submitted completely and in-full no later than June 26, 2018. The City calculated this appeal period based on the stated date of issuance on the SPE Notice of Decision, June 12, 2018. However, the City did not formally provide notice of the SPE Decision until June 13, 2018. Appellant’s submitted their appeal on June 27, 2018. SECTION VII. ANALYSIS OF ASSERTIONS As the Hearing Examiner will recall, issues Number 1 “The City did not comply with additional regulations pertinent to the site driveway located on fully controlled limited access highway” and issue Number 2 “City erred in using the Type II Administrative review process for the application instead of the Type III Quasi-judicial review as follows from the project seating capacity” were dismissed by the Hearing Examiner. The following analysis is the analysis of the nine remaining issues the Appellant has raised. “The City erred in calculating required parking based on seating capacity” The application, as proposed and approved, meets and exceeds the minimum amount of parking that is required of religious institutions in this use per the Redmond Zoning Code (RZC Table 21.08.080C). Additionally, the application falls below the maximum amount EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 8 Page 8 of 21 of parking that can be provided on-site. The Appellant incorrectly makes the assertion that the International Building Code (IBC) should be applied in determining the seating capacity of the proposal as prayer rugs do not meet “fixed seating”, “pew or bench”, or “moveable chairs or other portable seating fixtures”. Seating capacity, per RZC 21.08.080 ties parking directly with the amount of seating. The Appellant asserts that the IBC should be applied due to the fact that the “…IBC is adopted via Redmond Municipal Code Title 15, 15.08.020. Thus, the seating capacity for the mosque needs to be calculated using measurements…”. The IBC (specifically the 2015 Edition) is indeed adopted by Title 15, 15.08.020. However, the code section, as adopted reads in whole as: “15.08.020 Adoption. The International Building Code, 2015 Edition, published by the International Code Council, with the additions, deletions and exceptions as set forth in Chapter 51-50 of the Washington Administrative Code, and the International Residential Code, 2015 Edition, published by the International Code Council, with the additions, deletions and exceptions as set forth in Chapter 51-51 of the Washington Administrative Code, are hereby adopted by this reference and incorporated herein as if set forth in full as the Building Code for the City, except such portions as may be deleted, modified or amended by this chapter.” As adopted, the intent of adopting the 2015 Edition of the IBC is to establish the IBC as the Building Code for the City. It was clearly not intended to supplement or offer interpretations of the Redmond Zoning Code under which this application has been filed. RZC 21.76.100.D. allows for the Code Administrator (in this case the Director of Planning and Community Development) to issue Administrative Interpretations. Per RZC 21.76.100.D.2., “…The provisions of the RZC shall be the minimum requirements adopted for the promotion and protection of the public health, safety, and general welfare”. Furthermore, RZC 21.76.100.D.3 places the responsibility of interpreting provisions of the RZC, except where expressly provided otherwise, on the Code Administrator. As the nature of worship for this particular religious use does not employ fixed seating, pews, benches, or other portable seating fixtures as seen in other religious institutions, it was incumbent on the Code Administrator to exercise RZC 21.76.100.D. for the processing of this land use application in determining both the land use EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 9 Page 9 of 21 application type (per RZC 21.08.080 religious institutions above 250 ‘seats’ require at Conditional Use Permit) and parking which is based on the amount of ‘seats’. On April 29, 2015, Robert Odle, then Director of the Department of Planning and Community Development, issued an administrative interpretation defining fixed seating when individuals sit on the floor to worship (Exhibit 13). As previously stated, prayer rugs (and potentially other religious worships that do not employ fixed seating options or chair-type devices) did not match the prescribed ratios in the RZC. Per Redmond Municipal Code (RMC) 1.01.3.4., when a term is not defined, the term should be “construed according to the context and approved usage of the language”. As the April 29, 2015 administrative interpretation states, when consulting the Merriam-Webster dictionary, the word “fixed” means “securely placed or fastened, stationary”. Likewise, the word “seat” is defined as “the particular part of something on which one rests in sitting”. It was concluded that a “fixed seat” is a place where one sits that is stationary. The interpretation was then made that for the purpose of calculating seating capacity for this religious use (taking the worship practices into context), as prescribed in RZC.21.08.280, a uniform area permanently affixed to the floor shall be allowed to be considered as a fixed seat. Anjuman-E-Burhani has since agreed to permanently mark on the floor the outline of where the prayer rugs are to be placed. The project applicant (Anjuman-E-Burhani) has demonstrated that the typical prayer rug is 2’6”x4’0” and that worship (where the prayer rugs will be deployed) will occur in two separate worship areas (Exhibit The first worship area is 1,599 square feet on the main level which will have 81 rugs. The second worship area, located on the second level, is 1,259 square feet with 66 rugs. The grand total of prayer rugs (calculated as seats per the interpretation) is 147. The applicant has successfully demonstrated (Exhibit 5) to the City that 147 seating units (prayer rugs) is the capacity of this religious institution. As such, the applicant is required to provide 1 parking space per 5 fixed seats per RZC Table 21.08.080C, which equates to 29 stalls (147/5 = 29.4). RZC Table 21.08.080C furthermore states that no more than 1 parking stall per 3 seats shall be onsite, which makes the maximum amount of parking 49 parking stalls. The applicant is providing for 36 parking stalls on-site, and another 29 parking stalls off-site through a valet service. The application meets both the minimum and maximum parking requirements. EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 10 Page 10 of 21 It should be noted that the Appellant has not shown how the alleged 280 required parking stalls was calculated, unlike the applicant who has shown how the prayer rugs would be used in the worship area. It is likely the Appellant is attempting to use the multi-purpose room as additional worship space. The multi-purpose room is an accessory use to the main use of religious institution to be used for such things as pre or post worship fellowship-type (e.g. shared meals, celebrations, meetings, etc;) gathering space. The City of Redmond has not included such spaces as a part of the parking calculations in previous religious use applications and has remained consistent in the calculation of parking for these particular uses. The application meets the parking requirements as required by RZC Table 21.08.080C. The Appellant has failed to show how or why the applicant has not met this requirement. This issue should be dismissed. “The City erred in calculating proper setbacks based on proposed building height”. The application as proposed meets setback requirements as required by RZC 21.08.280.D. As proven in the previous section, the seating capacity for the application is 147 patrons. Therefore, RZC 21.08.280.D. applies. The height related section of RZC 21.08.280.D. reads as: “Development Criteria for Seating Capacities in a Residential Zone. 1. Places of worship with a seating capacity of less than 250 seats: c) Buildings shall maintain a minimum setback of 20’ from all property lines; building setbacks shall be increased by five feet for every one foot in building height over 30’; d) The maximum building height does not exceed 50’ inclusive of steeples, bell towers, crosses, or other symbolic religious icons;” The application materials, particularly the approved Design Review Board drawings (Exhibit 8) Page 25 show that the structure, including the minaret, meets all setback requirements. The outer most walls of the main structure is a minimum of 20’ from the property line. All structures above 30’ maintain a minimum 5’ setback for every 1’ above the 30’ height limit. The structure includes a minaret feature on top of the building, which extends 15’ above the 30’ building height from average grade. Therefore, a minimum of a 75’ (5’x15’=75’) setback must be maintained from all property lines to any part of the structure that is above 30’. The minaret structure maintains a minimum of 75’ setback EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 11 Page 11 of 21 from the edge of the building, exclusive of the already 20’ setback the building must be setback. Therefore, the minaret structure, at a minimum, is 95’ from the nearest property line. The application of the additional setback is only applied to portions of the building that are above 30’. The application of this setback requirement is consistent with other areas of the code that require additional setback requirements above any given story or height. As written in the RZC, the code anticipated symbolic religious icons to be placed on top of building structures, but limits the total height to 50’ above average grade. The building at its tallest point is 45’ above average grade. The Appellant fails to show how the setback requirement was not met, nor shows what the Appellant believes the proper setback to be according to the Appellants interpretation of the Redmond Zoning Code. The Appellant states in their appeal application that “…The setback should be calculated as applied to the building envelope per RZC definition and not to the portion of the building with a minaret or mechanical room”. The Appellant goes on further to quote the RZC’s definition of “setback” and “setback line” as: “Setback. The distance between a property line and the corresponding parallel setback line” “Setback Line. A line beyond which, toward a property line, no structure greater than 30 inches above finished grade may extend or be placed except as permitted by the regulations of this title” Neither definition mentions the measurement from the “building envelope”. Additionally, as the “Setback Line” definition clearly states, structures above 30 inches in a setback may be permitted if specifically allowed within the code. RZC 21.08.280.D. clearly allows for structures within the setback line. The application as proposed meets setback requirements as required by RZC 21.08.280.D. This issue should be dismissed. “The City erred in calculating required parking for assembly use” The application as proposed meets the required parking for the use proposed. The application, as proposed and approved, meets and exceeds the minimum amount of parking that is required of religious institutions in this use per the Redmond Zoning Code (RZC Table 21.08.080C). Additionally, the application falls below the maximum amount of parking that can be provided on- EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 12 Page 12 of 21 site. Again, the Appellant incorrectly makes the assertion that the International Building Code (IBC) should be applied in determining the seating capacity of the proposal as prayer rugs do not meet “fixed seating”, “pew or bench”, or “moveable chairs or other portable seating fixtures”. Seating capacity, per RZC 21.08.080 ties parking directly with the amount of seating. As conclusively shown earlier in this report, the intent of adopting the 2015 Edition of the IBC is to establish the IBC as the Building Code for the City. It was clearly not intended to supplement or offer interpretations of the Redmond Zoning Code under which this application has been filed. The day to day parking generated by the multi-purpose room shown in the plans is already captured by the general parking requirements of the use. The multi-purpose room is not intended to be used simultaneously with worship services, and therefore does not generate parking demand on its own. However, in the cases of larger events at the facility (e.g. weddings), off-site parking and a transportation management plan has been provided for that meets the demand of the multi-purpose room. Twenty-nine (29) off-site parking stalls have been acquired for the purpose of larger events. The details of the parking calculations and program can be found in the December 20, 2016 transportation study conducted by Jake Traffic Engineering Inc (Exhibit 11) and the two updated traffic studies from Transportation Solutions, Inc. on July 24, 2017 (Exhibit 12) and November 16, 2017 (Exhibit 11). The applicant has not provided data or reasoning that suggests that this report is inaccurate. The Appellant further states that the “…neighborhood already has issues with the Metro commuters overflow parking, and the Decision does not address those in any way”. It has been clearly shown that parking has been met on-site (in excess of the minimum and below the maximum) and street parking was not used as a part of the calculation. The proposed development does not impact the street parking and makes accommodations for special events off-site. The current conditions of street parking, that may or may not be caused by users of the Metro bus system, should not be considered as a part of this appeal determination. The application as proposed and approved meets the required parking for the use proposed and meets RZC 21.08.280.C.2. and this issue should be dismissed. EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 13 Page 13 of 21 The City erred in reviewing traffic impacts of the project. The City did not err in reviewing the traffic impacts of the project. The Appellant claims that there were errors in the review of the traffic impact analysis based on four issues: A. Selective use of data, in particular the data collected during the Ramadan holiday B. Membership growth projections C. Suitability of U-turns due to limited sight distances on NE 51ST ST and 154TH Avenue NE D. Validity of traffic study data sourced from two planned mosque projects rather than existing mosque data The Appellant has provided “a critique” of the traffic studies to the City that were used in the analysis of this project. However, the critique does not contain any factual data that run contrary to what the data used in the JTE and TSI have provided. In relation to Issue A, a memo titled Anjuman-E-Burhani Community Complex Response to WSDOT comments (Exhibit 12) dated April 2017, Transportation Solutions, Inc (TSI) described that the trip generation was derived from on the data collected at the existing Dawoodi Bohra Community facility in Kirkland on a typical weekday evening prayer/event during Ramadan, on the last Friday of Ramadan, and on a typical Sunday during a community event. The last Friday of Ramadan, per the Dawoodi Bohra Community, represents one of the highest attendance days for the community. This last Friday of Ramadan is representative of peak attendance, trip generation and parking demand conditions. The highest attendance near the end of Ramadan was evident by a chart showing the number of car counts at AEB Seattle Masjid-Kirkland Prayer Center in 2013 during Ramadan (July 9 to August 7, 2013) obtained from the Attachment 3 of Parking and Traffic Analysis Critique of Proposed AEB Mosque on NE 51st St in the City of Redmond (Appellant’s Exhibit Z-80) provided by William Popp Associates dated March 23, 2017. The chart shows that the highest attendance occurs near the end of Ramadan. In relation to Issue B, the memo titled Anjuman-E-Burhani Community Complex Response to WSDOT comments (Exhibit 12) dated April 2017, TSI described that per Dawoodi Bohra community leaders, the community membership growth is flat. However, EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 14 Page 14 of 21 TSI conservatively assumed a 5 percent growth in community membership through next few years for the purposes of a standardized traffic analysis. TSI’s revised trip generation was based on the community membership, currently 150 members and forecast 160 members after applying the 5% growth. The 5 percent growth forecast was deemed as reasonable and acceptable to the City of Redmond and the Washington State Department of Transportation (WSDOT) for the purposes of traffic analysis. It is important to remember that although the transportation study accounts for growth, it does not necessarily entitle the application to such growth. The number of seats have been approved as 147. In relation to Issue C, U-turns at intersections in Washington state are legal unless specifically posted “No U-turns”. The RCW 46.61.295 turns states: • The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic. • No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. Per RCW 46.61.295, drivers also have the responsibility to determine if it is safe to execute U-turn maneuvers. The City’s collision records show that there have been five accidents at the intersection of 154th Avenue NE and NE 51st Street over the past ten years. None of these appear to involve vehicles attempting a U-turn. In addition, recent traffic counts conducted at this intersection in the PM peak hour on September 29, 2016 show no-turn traffic occurs at this intersection. Following occupancy of the development, the City will observe 154th Avenue NE and NE 51st Street to see how many vehicles are making U-turns, and whether there are safety concerns with this maneuver. If staff observes a continuing pattern of unsafe U-turns, the City will post signs prohibiting this maneuver. City of Redmond Police will then be able to write citations for drivers making U-turns illegally. In relation to Issue D, TSI re-calculated the trip generation based on data collected at the local existing Dawoodi Bohra Community facility in Kirkland. Existing trip generation was collected during and after Ramadan in 2017. The Ramadan surveys were conducted by Traffic Count Consultants, Inc and TSI staff collected the data on the non-Ramadan EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 15 Page 15 of 21 day. Selecting the other two planned Mosque projects as a comparison was to respond to WSDOT’s comments by conducting a sensitivity test to show a possible range of trip generation using the trip generation rates acceptable to other jurisdictions. Considering the size of the local Dawoodi Bohra Community and the flat growth of the limited membership, using the local trip generation data was deemed reasonable and acceptable to the City and WSDOT. The Appellant has not submitted factual data that contradicts the City’s findings. The City did not err in reviewing the traffic impacts of the project and requests that this issue be dismissed. The City erred in approving a guest apartment to be part of the building The parsonage, as depicted, was correctly approved as part of the development. The split- level parsonage is connected by an internal elevator system that can only be accessed within the defined parsonage area. Furthermore, the parsonage contains only one cooking area split between the two levels which qualifies both levels as one dwelling unit. A dwelling unit is defined by RZC 21.78 “Dwelling Unit” as: “A single unit providing complete, independent living facilities for not more than one family and permitted roomers and boarders, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A mobile home, manufactured home, modular home, apartment, condominium, townhouse, single-family attached or detached house, or accessory dwelling unit is considered to a be a dwelling unit”. The dwelling unit/parsonage is accessory to the main religious use. As stated in an earlier portion of this report, RZC 21.76.100.D. allows for the Code Administrator (in this case the Director of Planning and Community Development) to issue an Administrative Interpretation. RZC 21.76.100.D.3. places the responsibility of interpreting provisions of the RZC, except where expressly provided otherwise, on the Code Administrator. It was incumbent on the Code Administrator to exercise RZC 21.76.100.D. for the processing of this land use application in determining whether or not a parsonage can be considered an accessory use to a religious institution (Exhibit 14). An administrative interpretation was issued on April 29, 2015 on this matter. The interpretation concluded that the RZC addresses the impacts associated with places of worship. RZC 21.08.280.A states that “This section is intended to ensure that the unique impacts associated with church, temple, synagogue, and mosque uses are addressed while still allowing for a wide range of possible locations for religious assembly”. RZC 21.78 EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 16 Page 16 of 21 defines an “accessory use” as “a use customarily incidental to and on the same lot as the principal use of a building or operation and so necessary or commonly to be expected that it cannot be supposed that it was intended to be prohibited. A parsonage is a residence provided within or adjacent to a religious institution to be used by one of its members and usually by a spiritual leader. It is not unrealistic to encounter a parsonage associated with a place of worship and should a particular faith desire to have a parsonage associated with their place of worship, it should be considered accessory to the permitted use. It should also be noted that properties that are within residential zones, like the R-5 zone in which this application is located in, allow for single-family development as a permitted use. The Appellant fails to show how there is a “guest apartment” in addition to the parsonage. Furthermore, the Appellant is incorrect in asserting that a “guest apartment” is not allowed in the R-5 zone. Accessory dwelling units are an allowed use in all residential zones, and much like the parsonage, are considered an accessory use to the main allowed use of a single-family home. Accessory dwelling units are governed under RZC 21.08.220 “Accessory Dwelling Units” under the main chapter of RZC 21.08 “Residential Regulations”. The parsonage, as depicted, was correctly approved as part of the development as an accessory use and this issue should be dismissed. The City erred in not applying scale, bulk, and neighborhood character The City correctly applied scale, bulk, and neighborhood character to this project. Site plan entitlements, like the application being appealed, must be reviewed against the City’s design standards set in Article III “Design Standards” of the Redmond Zoning Code. A Design Standards Checklist (Exhibit 7) is used to demonstrate compliance to the City’s design standards, identify critical project design issues, and note how these issues have been addressed. The design is reviewed by the Design Review Board (DRB), which has the decision authority over Article III. The DRB reviews the project in context with the neighborhood of which the proposal is being built. The DRB found that the project met the intent of the RZC’s Article III Design Standards (Exhibit The Design Standards Checklist specifically includes RZC 21.60.040(b)(2) “Building Scale” which addresses scale and bulk. Additionally, the Design Standards Checklist addresses RZC EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 17 Page 17 of 21 21.60.040(B)(4) which addresses building details, materials, and colors which assures the use of high quality materials and ensures that it is compatible with the context of the neighborhood. In the appeal form, the Appellant lists several of the City’s Comprehensive Plan policies for the Overlake area. However, the Appellant does not elaborate on how the design, especially taken in context of the rigorous design checklist, fails to meet the comprehensive plan policies. As the Hearing Examiner is aware, the Redmond Zoning Code is an implementation tool of the City’s Comprehensive Plan. Staff is confident that the Design Standards Checklist, which was also run through a public process and adjudicated by design professionals, was implemented correctly to further the Comprehensive Plans vision. All provisions for scale and bulk have been appropriately enforced. The City correctly applied scale, bulk, and neighborhood character to this project and staff requests that this issue be dismissed. The City erred by not conditioning the application on overall building capacity. The City did not err by not conditioning the application on overall building capacity. The Redmond Zoning Code does not contain language to which the City may base their decision of approval upon the “overall building capacity” on religious institutions. The application of such a condition would be arbitrary and capricious when the land use application and its materials prove that the main use is a religious institution as allowed by RZC Table 21.08.080C. The multi-purpose room, to which the Appellant is apparently referring to, serves to further support the main use of the religious institution. Everything from the land use application process type to parking ratios rely on the number of seats (or as shown, equivalent of) the use is intended to support. As shown in Assertions 1 and 3, the application makes appropriate accommodations for up to 147 “seats”. As demonstrated in Assertion 3, the day to day parking generated by the multi-purpose room shown in the plans is already captured by the general parking requirements of the use. The multi-purpose room is not intended to be used simultaneously with worship services, and therefore does not generate parking demand on its own. However, in the cases of larger events at the facility (e.g. weddings), off-site parking and a transportation management plan has been provided for that meets the demand of the multi-purpose room. Twenty-nine (29) off-site parking stalls have been acquired for the purpose of larger events. The details of the parking calculations and program can be found in the December 20, 2016 transportation study conducted by Jake Traffic Engineering Inc EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 18 Page 18 of 21 (Exhibit 11) and the two updated traffic studies from Transportation Solutions, Inc. on July 24, 2017 and November 16, 2017 (Exhibit 12). The applicant has not provided data or reasoning that suggests that this report is inaccurate. The Appellant has not demonstrated why the overall building capacity must be included in the approval conditions. The City did not err by not conditioning the application on overall building capacity and therefore this issue should be dismissed. The City erred by not incorporating any growth projections into its review process. The City is not required by the Redmond Zoning Code to incorporate growth projections for religious institutions, or any other private developments, when determining whether or not a Site Plan Entitlement meets the decision criteria of RZC 21.76.070.Y. The Site Plan Entitlement sets the maximum levels of seating capacity and associated use of this project. If it is shown that an applicant of a project goes beyond the limits set out by the approval of the Site Plan Entitlement, that will trigger enforcement action. Enforcement action may include (but not limited to) code enforcement action, additional conditions placed on the Site Plan Entitlement approval, and/or revocation of the entitlement. However, how the religious institution chooses to appropriate the 147-approved membership number is not the purview of the City or any other regulatory body. The Appellant makes unsubstantiated claims such as “...many members of the congregation work in Internet Technology (IT)” and that “Washington State migration patterns and reasonable birth rate projections” were not taken into consideration when approving the application. The Appellant has not shown factual data from verifiable sources and an analysis of such data in order to justify the Appellant’s claim that the project is at “…capacity before it is issued building permits”. Whether or not such claims or data can be substantiated, it is ultimately inconsequential. As stated before, the Site Plan Entitlement sets out conditions of approval, and if any of the conditions of approval are exceeded or modified, the Site Plan Entitlement is subject to code enforcement and/or revocation. The City is not required by the Redmond Zoning Code to incorporate growth projections for religious institutions and therefore acted within the bounds of the Redmond Zoning Code. Staff believes this issue should be dismissed. The City erred by not complying with transit corridor preservation rules. EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 19 Page 19 of 21 The City has complied with RZC 21.28 and has complied with the transit corridor preservation rules. Per RZC 21.28.020 and RZC Figure 21.28.020.B, the High Capacity Corridor area is designated and mapped out for Sound Transit light rail development. Figure 21.28.020.B show the Sound Transit East Link project does not encroach into the Anjuman-E-Burhani property. Recent Sound Transit light rail plans are only at 5 percent design and show there may be a potential of up to 20 feet of either permanent or temporary easement(s) planned for the Anjuman-E-Burhani property for a noise wall. The Sound Transit 5% light rail design is still in a very early preliminary stage and the wall location may be adjustable to avoid encroaching into the Anjuman-E-Burhani property in the final design. Depending on the timing of the construction of Anjuman-E-Burhani and the Sound Transit light rail project, the easement encroachment will be resolved regardless of which project gets built first. Communication and coordination between the City, Sound Transit and Anjuman-E-Burhani will occur. If the light rail project is constructed first, Sound Transit may need to acquire easement(s) from the Anjuman-E-Burhani property if the easement is absolutely required in the final design. In that scenario Anjuman-E-Burhani would need to then adjust the approved site plan or building footprint accordingly to accommodate that. In the event that Anjuman-E-Burhani is constructed first, and Sound Transit already knows the easement is necessary, staff will inform the applicant about this easement requirement during the Civil construction review process and require the Anjuman-E-Burhani to adjust the site plan to accommodate the easement. Per the Notice of Decision for Anjuman-E-Burhani shown in 1.a. on page 9 (Exhibit 3) a condition exists stating that at the time of construction, additional easements may be required to accommodate the improvements as constructed. The City has complied with RZC 21.28 and has complied with the transit corridor preservation rules and has adequately conditioned the approval. Staff requests that this issue be dismissed. SECTION VIII. CONCLUSIONS IN SUPPORT OF THE STAFF RECOMMENDATION The Appellant has the burden to prove that the City erred in issuing the approval of the Type II Site Plan Entitlement of the Anjumann E Burhani proposal. The Appellant has provided no evidence to meet that burden and cannot establish that the City erred procedurally or substantively in issuing the approval. The City has demonstrated through this report that: EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 20 Page 20 of 21 1. The application, as proposed and approved, meets and exceeds the minimum amount of parking that is required of religious institutions in this use per the Redmond Zoning Code (RZC Table 21.08.080C). 2. The application as proposed meets setback requirements as required by RZC 21.08.280.D. 3. The application, as proposed and approved, meets and exceeds the minimum amount of parking that is required of religious institutions in this use per the Redmond Zoning Code (RZC Table 21.08.080C). 4. The City did not err in reviewing the traffic impacts of the project and relied on factual data to inform its decision. 5. The parsonage, as depicted, was correctly approved as part of the development. 6. The City correctly applied scale, bulk, and neighborhood character to this project. 7. The City did not err by not conditioning the application on overall building capacity. 8. The City is not required by the Redmond Zoning Code to incorporate growth projections for religious institutions, or any other private developments, when determining whether or not a Site Plan Entitlement meets the decision criteria of RZC 21.76.070.Y. 9. The City has complied with RZC 21.28 and has complied with the transit corridor preservation rules. SECTION IX. STAFF RECOMMENDATION Based on the analysis included in this report, staff recommends the Hearing Examiner deny the appeal of the approval of the Type II Site Plan Entitlement of the Anjumann E Burhani proposal. EXHIBIT 1 ---PAGE BREAK--- Hearing Examiner Anjumann E Burhani Appeal Page 21 Page 21 of 21 Erika Vandenbrande, Director Martin Pastucha, Director Department of Planning and Department of Public Works Community Development EXHIBIT 1