HomeMy WebLinkAbout11-13-2012 HE 11.13.12 COMPLETED PACKET
HEARING EXAMINER
November 13, 2012
6:30 pm
City Council Chambers
25 West Main Street
I. Case No: CUP09-0001 – Conditional Use Permit / Family Life Center
Applicant: Paul Allison, 3930 A Street SE, Suite 305-178, Auburn, WA 98002
Request: Application for conditional use permit to install approximately 5,200
square feet of modular buildings as an expansion of an existing 7,000
square foot church in the R5, Residential Zoning district.
The property is located at 116 Lakeland Hills Way SE, Auburn, WA
98092 which is at the SE corner of Lakeland Hills Way SE and A Street
SE. Parcel No. 312105-9016.
II. Case No: REZ12-0005 – Cruze Rezone
Applicant: Kathryn Cruze, 24216 231st Place SE, Maple Valley, WA 98038
Request: Application for rezoning a single parcel, totaling 12,095 square feet, from
R-7 Residential (7 dwelling units per acre) to RO, Residential Office. The
property is located at 105 M Street NE, Auburn, WA 98002. Parcel No.
2648000610.
Agenda Subject: Hearing Examiner Public Hearing on Conditional Use Permit
Family Life Center, Application No. CUP09-0001
Date: 10/25/2012
Department: Planning and
Development
Attachments:
Please refer to Exhibit List at end of report
Budget Impact: N/A
Administrative/Staff Recommendation:
Approve the Conditional Use Permit (CUP) subject to conditions based upon the Findings of Fact and
Conclusions.
APPLICANT/OWNER: Paul Allison, Senior Pastor
Family Life Center
Physical address: 116 Lakeland Hills Way SE
Auburn WA 98092
Mailing address: 3930 A Street SE, Suite 305-178
Auburn WA 98002
CONTACT: Bob Ferguson and Dan Atwell
Family Life Center
Physical address: 116 Lakeland Hills Way SE
Auburn WA 98092
REQUEST: Conditional Use Permit (CUP) to install approximately 5,200 square feet of
modular buildings as an expansion of an existing 7,000 square foot church in the
R5, residential zoning district.
LOCATION: The property is located at 116 Lakeland Hills Way SE which is at the SE corner of
Lakeland Hills Way SE and A Street SE. The site is within NE Section 31,
Township 21 North, Range 5 East, W.M. King County, W A. Parcel #312105-
9016
EXISTING ZONING: R5, Residential 5 dwelling units per acre (formerly R1, Single family residential)
COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential
SEPA STATUS: Exempt
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: November 13, 2012 Item Number:
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 2 of 16
The current Comprehensive Plan designation, zoning designation and land use of the
site and surrounding properties are:
Comprehensive
Plan Designation Zoning Classification Existing
Land Use
Site Moderate Density
Residential R5, 5 dwelling units per acre Church
North Public and Quasi-
Public R5, 5 dwelling units per acre Public Elementary School
South Light Commercial R5, 5 dwelling units per acre Vacant and Single Family
Residential
East Moderate Density
Residential R5, 5 dwelling units per acre Single Family Residential
West
Moderate Density
Residential R5, 5 dwelling units per acre
Shared stormwater facilities,
A Street SE, and BN railroad
and city limits
FINDINGS OF FACT:
1. Request by Applicant: A Conditional Use Permit (CUP) has been requested by Paul
Allison, Senior Pastor of Family Life Center (church) to install approximately 5,200
square feet of modular buildings as an expansion of an existing approximately 7,000
square foot church in the R5, residential zoning district on an approximately 5.42-acre
site. The 5,200 square feet of additional building are proposed to be installed as two
separate buildings (Buildings B & C). The property is located at 116 Lakeland Hills Way
SE. The CUP is required for the proposal because the construction or expansion of
churches on sites one acre or more in the residential zoning district requires a
conditional use permit under current city zoning regulations.
The proposed modular buildings (Phase 1) are currently being temporarily stored on-site
and are not in use. The temporary on-site storage of the modular buildings was
previously granted a temporary use permit (File #TMP08-0039) on December 4, 2008
prior to the application for the Conditional Use Permit. The temporary use permit
expired. The proposed modular buildings were originally moved from a site elsewhere in
Auburn and are proposed to be permanently installed south of the existing main church
building. Paved walkways and accessible ramps are proposed to be installed to provide
access to the modular buildings from the main church building. In his February 22, 2011
letter, the Applicant indicates the modular buildings are proposed to be used as religious
education such as small group bible study, committee meetings to include women‟s
ministries, men‟s ministries, and family pastoral care. The age of persons using the
spaces will range from infant to senior but the facilities will not be used for daycare.
On several site plans, such as the Aerial Photo with Proposed Water System Extension
(Fire Hydrants), Erik Garcia, Undated, the Applicant has indicated a future “Phase 2
Development”. This Phase 2 appears to consist of two buildings; one of 7,920 square
feet and one of 11,200 square feet to be located east and upslope of the parking lot.
This phase two has only been identified for the purpose of coordinating ultimate
development needs. In the February 22, 2011 letter, the Applicant indicates: “Additional
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 3 of 16
phases of construction do not apply at this time. Future phases will be the subject of
separate correspondence.” The Phase 2 has not been requested and is not sufficiently
described and addressed to be made part of this current CUP.
In accordance with ACC 18.64.035(B) the site plan shall be adopted and made part of
the permit. Subsequent building permits and construction activity shall be in accordance
with the approved site plan. The latest site plan is included as Exhibit 6.
2. Background: The application was filed on February 3, 2009. The application was
complete on October 14, 2012. The Notice of Application and Notice of the November
13, 2012 Public Hearing were published in the Seattle Times, posted on the property,
and mailed to property owners within 300 feet of this site on or before October 28, 2012
not less than 15 days before the hearing. Site visits by staff were made on several
occasions, the latest on October 26, 2012.
3. History of subject property and related sites:
According to the King County Assessor‟s website,
(http://info.kingcounty.gov/Assessor/eRealProperty/Dashboard.aspx?ParcelNbr=312105
9016) the main church building was originally completed in 2003 when the site was
located within the jurisdiction of the City of Pacific. The property was subsequently
annexed to the City of Auburn in 2003 by City of Auburn, by Interlocal Agreement under
Resolution No. 3644. The site has remained relatively unchanged since the original
development.
4. Existing Site Conditions: The site is almost rectangular in shape; roughly 450 feet north
to south and 580 feet east to west and approximately 5.42-acre in size. The site slopes
to the west and ranges in elevation from a high point of approximately 234 feet near the
SE corner to low point of 92 feet at the northwest corner. The western half of the site is
more gently sloping and has been developed with the approx. 7,000 square foot main
church building and 44-stall parking lot. The parking lot is located north of the building
and south of the Lakeland Hills Way SE.
5. The more steeply sloping eastern half the site remains undeveloped and mostly
vegetated. The eastern portion of the site is identified as an erosion prone critical area
on the city‟s critical areas inventory maps. While not mapped, it also may qualify as a
landslide hazard area. This classification is based on soil type and steepness of the
slope.
6. The site is served a single driveway to Lakeland Hills Way SE. Lakeland Hills Way SE is
fully developed with sidewalk on both sides of the street, two travel lanes in each
direction and a center turn lane or landscape median. The street is classified as a
“Minor Arterial” by the City.
7. Existing Characteristics of Area: The area is suburban in character with a mix of uses in
the immediate area. To the west are two shared storm water ponds that currently exist
down slope; the Assessor‟s Tax records show the southern pond as municipal-owned by
the City of Pacific and the northern pond is shown partially on-site and partially off-site.
The off-site portion is shown as owned by the Family Life Center. However, since these
ponds were original developed it the City of Pacific and subsequently annexed to the
City of Auburn there is some question about the ownership and rights to each of these
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 4 of 16
ponds. The ponds were the subject of a Bill of Sale for Infrastructure transferred to the
City of Auburn by Resolution No. 3644 (Exhibit F) and the City provides some
maintenance to these ponds. The northern pond appears to have its original in both
managing runoff from the developed roadway of Lakeland Hills Way SE associated with
the original Lakeland Hills Residential Development and as an entrance/beautification
feature. The ponds are both zoned R5, Five dwelling units to the acre.
To the north, across Lakeland Hills Way SE is another combination stormwater pond
and entrance/beautification feature. Also there is an Auburn School District, Ilalko
Elementary School. The Assessor‟s Tax records show the pond as privately owned.
The pond and school are both zoned R5, five dwelling units to the acre.
To the east is a single family development; Vista Heights. The western half of which
was previously developed in the City of Pacific and the eastern half; was developed and
zoned for in the City of Auburn as a Planned Unit Development (PUD).
To the south are vacant parcels and single family residences on large lots (approx. 1.75
to 3.9 acres). These are zoned R5, five dwelling units to the acre. Further to the south
is C1, Light Commercial zoning.
8. Relation to Critical Areas:
City of Auburn critical areas maps and/or information obtained during staff site visit
indicate that the project site is located immediately west of geologic hazard areas (the
on-site hillside east of proposed project construction): a Critical Erosion Hazard Area as
defined by ACC 16.10.080.G.1; and located immediately west of a Class II or greater
landslide hazard area as defined by ACC 16.10.080.G.2.
The project site is located in an area of the City that has been designated as
Groundwater Protection Zone 4 as defined by ACC 16.10.080.F.4.
9. Comprehensive Plan Designation and Related Purpose of Zoning: The City‟s
Comprehensive Plan designates the property as „Single Family Residential‟. The
Comprehensive plan provide the following explanation of the purpose, description and
compatible uses of this designation:
“Purpose: To designate and protect areas for predominantly single family
dwellings.
Description: This category includes those areas reserved primarily for single
family dwellings. Implementing regulations should provide for an appropriate
range of lot sizes, clustered and mixed housing types as part of a planned
development.
Compatible Uses: Single family residences and uses that serve or support
residential development, such as schools, daycare centers, churches and parks
shall be considered appropriate and may be permitted on a conditional basis.
Other public buildings and semi-public uses may be permitted if designed and
laid out in a manner which enhances rather than detracts from the residential
character of the area. In siting such uses, however, special care shall be given
to ensuring adequate parking, landscaping, and traffic circulation with a minimum
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 5 of 16
of conflict with residential uses. Uses which generate significant traffic (such as
large churches) should only locate on developed arterials in areas zoned for
institutional uses.”
10. This “Single Family Residential” designation is implemented by the R1, R5, and R7
zoning districts. Here, the property is zoned R5, (Five dwelling units to the acre). The
specific regulations of this zone, ACC 18.07, describes the purpose of the Zoning
classification as:
“The R-5 single-family residential zones are intended to create a living environment
of optimum standards for single-family dwellings. It is further intended to achieve
development densities of four to five dwelling units per net acre. This zone will
provide for the development of single-family detached dwellings and for such
accessory uses as are related, incidental and not detrimental to the single-family
residential environment.”
The city‟s zoning regulations at ACC 18.52.050, “Parking design, development, and
maintenance standards” require parking to be provided on the same lot or on another
nearby property under certain limited circumstances.
11. Property Access: The site is served a single driveway to Lakeland Hills Way SE. The
adjacent public street within a 72-foot right-of-way is fully developed with sidewalk on
both sides, two travel lanes in each direction, and a center turn lane or landscape
median. The street is classified as a “Minor Arterial” by the City. No on-street parking is
allowed.
Pedestrian access is provided from the public sidewalk through the developed parking
lot to the main church building. Access to the proposed modular buildings will be from
proposed walkways from the main church building to proposed accessible ramps at the
modular buildings.
12. Public Works: Staff provided comments relative to potential development issues and the
need for land use conditions that may affect development:
a. Public Water:
i. Water service is currently provided to the existing church building via
a meter and service line connected to the 12-inch water main located
within Lakeland Hills WY SE. Through the subsequent submittals of
the Family Life Center Modular Buildings Civil & Utility Plans, M.
Antonoff, P.E., July 2009 and the Aerial Photo with Proposed Water
System Extension (Fire Hydrants), Erik Garcia, Dirt Pros, Undated,
the Applicant indicates that approximately 308 feet of 8-inch water line
will be extended on-site to install at new fire hydrant within the
required 150-foot distance of the modular buildings.
ii. If additional water service is required for the modular buildings,
backflow assemblies are required for any non-domestic and fire
services in accordance with Design Standard 7.01.2.2(A). Water
meters shall be placed in landscape strips within the public right -of-
way or in a public utility easement per Design Standard 7.01.2.1(D).
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 6 of 16
Design of the water system shall meet the requirements of City
Design Standards Chapter 7 - Water Facilities.
iii. The Applicant's parcel is located within the critical area known as
Ground Water Protection Zone 4. The Applicant shall implement best
management practices for water resource protection per ACC
16.10.120 (E)2
b. Sanitary Sewer Service:
i. According to the “Overall site Plan accompanying the February 22,
2011 letter from Family Life Center, sewer service is currently
provided to the existing church building via a service line connected to
the 10-inch main located within Lakeland Hills Way SE. The applicant
is proposing new connections to the private on-site grinder pump
which is connected to the city public sewer system. The applicant will
be required to apply for a sewer repair permit for those additional
connections. As part of this application a revised King County Non-
residential Sewer Use Certificate must be requested which may result
in an additional King County capacity charge. Design of the sewer
system shall meet the requirements of City Design Standards Chapter
8 – Sanitary Sewer Facilities.
c. Storm Drainage:
i. The city received a conceptual drainage analysis to include
engineering level of water quality and quantity calculations necessary
to demonstrate that stormwater facilities and City standards can be
accommodated. The Letter to Pastor Allison on Storm Drainage
Requirements, Michel Cross, July 19, 2012 clarifies that the project
will not exceed the triggers under which flow control of stormwater
runoff generated by the project will be required. The runoff from, the
approx 5,000 square feet of additional roof and the approx. 1,000
square feet of walkways can be managed in accordance with city
standards.
ii. While flow control does not appear to be required (comment above), a
Level Three Storm Permit will likely be required to address water
quality control.
d. Transportation:
i. The addition of 5,200 square feet as a church land use, which
includes a variety of activities, will generate approximately 3 PM peak
hour trips. The generation of 3 trips will not statistically degrade the
adjacent road network and intersections around the site or the site
access point(s) for level of service or safety.
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 7 of 16
ii. Parking is currently prohibited on Lakeland Hills W Y SE in the vicinity
of the location by ACC 10.36.270 since it is within traffic lane that is
less than 18 feet wide on an arterial.
iii. Auburn City Code 19.04 states that the addition of useable space
requires the payment of a traffic impact fee. Traffic impact fees will
required at time of building permit issuance to place the modular
buildings, unless deferred. The actual fee charged and collected by
the city will be subsequently determined and based on the fee
schedule in effect at the time of a complete building permit application
is received by the city and the size and land use information identified.
13. Building Division:
a. With the clarification provided by the Applicant‟s February 22, 2011 letter that
the proposed buildings will not be used as daycare, issues with the Group
Occupancy Use are not anticipated. Please refer to the 2009 International
Building Code (IBC).
b. The proposed modular buildings were manufactured under the authority and
inspection by the Washington State Department of Labor and Industries
rather than by the City. As such, the proposed modular buildings B and C are
permanently labeled by the Washington State Department of Labor and
Industries for the type of use, and the number of occupants. Please note the
information on these labels and submit this information with subsequent
building permits, the city will verify the label information at the time of
subsequent on-site inspection. If the label is not found or missing, please
contact to the Washington State Department of Labor and Industries for
replacement information. The Washington State Department of Labor and
Industries in Tacoma can be contacted at 253-596-3808.
c. Accessibility is needed for the proposed buildings to comply with the
Americans with Disabilities Act (ADA). If the occupant load for the buildings
requires two exits, then both exits are required to be accessible. City-issued
building permits are required for the construction of the access ramps and/or
stairs and addressing the accessible route of travel. An exterior accessible
route of travel for the modular‟s to the front of the building or arrival point or
drop off area must be provided.
d. Permits are also needed for the building, when submitting for permit for the
building. Provide the manufactures guidelines or engineering specification for
set-up. Also shown all tie down locations and specification for installation.
e. The CUP site plan submitted on 2-22-11 shows the location of the buildings
in relation to the adjacent hillside occurring on the site. Also, the CUP site
plan contains the following note:
“Separation from BLD B to SE hillside = 7 feet.”
However, the proposed distance from the face of the building to the toe of
slope does not meet international building code requirements. In short,
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 8 of 16
Chapter 18 of the 2009 International Building Code (IBC) provides buildings
must be located a minimum of fifteen (15) feet from the existing toe of the
slope. So, the building must be relocated farther from the slope or re-
oriented to comply. Alternatively, a retaining wall can be installed and the
building can be located fifteen feet from the relocated toe of the slope behind
the retaining wall that does not have a surcharge. The relocation of the
buildings or the location of retaining walls, are features appropriate for
depiction on the site plan for the Conditional Use Permit processing. An
engineered retaining wall maybe required or needed for this project. City
issued building permits will be required for affixing the buildings to the
ground. A completed permit application, plans, design along with supporting
calculations need to be submitted to the city showing the building load and
the foundation design and using engineered tie downs.
f. For the purposes of future building permit applications, please note that at the
closest point, Buildings B and C are shown to have a 15-foot separation.
Please note that the closest point, the non-parallel walls of the building must
be off-set and not aligned or overlap to meet international building code
requirements.
14. Fire Agency:
a. The existing 20' wide asphalt along the west side of existing church building
shall be marked as a "Fire Lane" in accordance with ACC 10.36.175.
b. To provide adequate on-site fire suppression, a fire hydrant shall be placed
within 150 feet of all buildings and no portion building is more than 300 feet
from a hydrant. (ACC 15.36A.031)
15. SEPA: This Conditional Use Permit application is exempt from the State Environmental
Policy Act (SEPA) RCW 197.11.800(1)(c)(iii) and the City of Auburn‟s Environmental
Review Procedures per ACC Section 16.06.055 A. 2.
16. Public Comments: As of the writing of this report, the City has not received any written
comments regarding this proposal in response to issuance of the Notice of Application.
CONCLUSIONS:
Pursuant to Chapter 18.64 of the Zoning Code, Conditional Use Permits may only be
approved if Findings of Fact are found to support the approval criteria. Each of the criteria
A-F is stated below (in bold) followed by a staff analysis:
ACC 18.64.040 Findings of fact.
Conditional use permits may only be approved if findings of fact are drawn to
support the following:
A. The use will not have a substantively greater adverse effect on the health,
safety or comfort of persons living or working in the area and will not be
substantively more injurious, economically or otherwise, to property or
improvements in the surrounding area than would any use generally permitted
in the district. Among matters to be considered are traffic flow and control,
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 9 of 16
access to and circulation within the property, off-street parking and loading,
refuse and service area, utilities, screening and buffering, signs, yards and
other open spaces, height, bulk, and location of structures, location of
proposed open space uses, hours and manner of operation, and noise, lights,
dust, odor, fumes and vibration
The proposed expansion of the religious institution by the placement of 5,200
square feet of modular buildings as an expansion of an existing 7,000 square
foot church is not anticipated to have an adverse effect on the health, safety or
comfort of persons living or working in the area. The additional buildings will
allow the church to better serve members of the congregation. The proposal will
better accommodate current operations of the church with little change to the
total number of trips to and from the center.
The proposed expansion of the religious institution is not anticipated to be more
injurious, economically or otherwise, to property or improvements in the
surrounding area than would any use generally permitted in the district. The use
already exists and is an allowed used in the R5, (Five dwelling units per acre)
zoning district per ACC 18.07.020.D. Vehicle access to site parking areas will
continue from the same existing driveway on Lakeland Hills W Y SE. The use
could result in a small increase in parking demand. T he project will be required
to provide parking to meet the city‟s code requirements of 0.20 parking spaces
per "seat", and a "seat" is 18 inches of bench, or 25 square feet (ACC
18.52.020). The existing site has 44 parking spaces and according to the
Applicant, there is 2,000 square feet of assembly or seating area within the
existing church building requiring sixteen (16) parking spaces. If additional
spaces are needed to meet the future use of the modular buildings, the Applicant
has already contacted the Auburn School District and indicates that they are
capable of securing permission from the District to use existing parking spaces
located at the Ilkao Elementary School across Lakeland Hills Way SE to the
north. Off-site parking is allowed by city regulations subject to the following
standards:
“18.52.050 Parking design, development, and maintenance standards.
Required parking areas shall be designed, constructed and maintained in
compliance with this section:
A. Location of Parking. Off-street parking areas shall be located as follows:
.
.2. Nonresidential Parking. Nonresidential parking shall be located on
the same site as the use served, or off site. If parking is to be located off site it
is subject to the following requirements:
a. The lot or area to be utilized for parking shall be legally encumbered by
an easement or other appropriate means to ensure continuous use of the
parking facilities following the procedure contained in Table 18.52.030(1), Joint
Use of Parking Facilities.
b. Whenever required parking facilities are located off site, sidewalks, or an
approved pedestrian facility, shall be provided connecting the satellite parking
facility to the development being served.”
The use of existing off-site parking spaces as shared parking would assist in
limiting the creation of pavement that is used infrequently for a church use, and
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 10 of 16
that results in adverse consequences of increased stormwater runoff and visual
impacts. The school site is bordered by sidewalks on all sides which provide the
necessary pedestrian walkway to in part, meet this standard.
The site currently has sufficient loading and unloading areas as well as, refuse
and service areas for the church use and is expected to be suitable for the
proposed expansion.
According to information submitted, the structures are approximately 14 feet from
top of foundation to the peak of the roof. The structures are proposed to be
placed south of the existing church building which, where they will be less visible
from A Street SE and Lakeland Hills Way SE; the areas of greatest visibility. The
structures will be partially screened from view from travelers on Lakeland Hills
Way SE by the existing church building and from A Street SE by topography and
the intervening storm pond.
As described above, the site is currently served by city, water, and storm
drainage. An on-site 8-inch water line extension will be required to provide
necessary on-site fire protection (fire hydrant) required under the International
Fire Codes. With submittal of plans and permit applications meeting city design
standards, water and storm drainage are capable of serving the site without
adverse impacts.
The proposal is not expected to result in hours and manner of operation, and
noise, lights, dust, odor, fumes and vibration which is detrimental to the
surrounding persons and uses. No signage is proposed at this time but any
signage will be part of future submittals. The September 18, 2009 letter from
GTF Construction on behalf of the Applicant indicates the expansion “…is not an
all day use. The use would be scheduled out and would be considered a „limited
time use‟.” The Applicant indicates: “The hours for the modulars will typically be
Wed 6pm - 9 pm and Sun 10 am - 1 pm.” Under ACC 18.58.030 exterior lighting,
must not produce glare on public streets and neighboring property. The
February 22, 2011 application materials submitted indicate: “No additional
exterior lighting is proposed.”
Staff finds the proposal to be consistent with this criteria.
B. The proposal is in accordance with the goals, policies and objectives of the
comprehensive plan;
The property is within the “Single Family Residential” designated area of the
Comprehensive Plan. In the Comprehensive Plan‟s explanation of the purpose,
description and compatible uses of this designation, it provides:
Description: This category includes those areas reserved primarily for
single family dwellings. Implementing regulations should provide for an
appropriate range of lot sizes, clustered and mixed housing types as part
of a planned development.
Compatible Uses: Single family residences and uses that serve or
support residential development, such as schools, daycare centers,
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 11 of 16
churches and parks shall be considered appropriate and may be
permitted on a conditional basis. Other public buildings and semi-public
uses may be permitted if designed and laid out in a manner which
enhances rather than detracts from the residential character of the area.
In siting such uses, however, special care shall be given to ensuring
adequate parking, landscaping, and traffic circulation with a minimum of
conflict with residential uses. Uses which generate significant traffic
(such as large churches) should only locate on developed arterials in
areas zoned for institutional uses.” (Emphasis added)
While the designation is give priority to single family uses, other uses--such as
churches--are appropriate when it serves or supports residential uses and
doesn‟t result in conflicts. The proposal to add buildings to the existing church
represents a limited expansion of this existing use. The use is located along a
designated “Minor Arterial “street and serves to benefit nearby residential areas.
The Plan also contains specific policies that relate to the Conditional Use Permit
request as follows:
“LU-24 The development of residential areas should recognize the
importance of community and public facilities in developing a sense of
neighborhood and community.”
“LU-42 Regulatory decisions in all residential neighborhoods shall
result in maintenance or enhancement of the neighborhood‟s residential
character.
a. The location of uses other than those permitted outright shall only
be allowed as specified in this comprehensive plan and in the zoning
code.
b. Approval of any non-residential land use shall occur only after a
public hearing process.
c. The City recognizes the important role that public facilities (such
as sidewalks, neighborhood parks and elementary schools) and limited
scale quasi-public uses (such as smaller churches and daycare centers)
play in maintaining viable residential neighborhoods.
d. Single family detached residential neighborhoods should be
protected from intrusion by non-residential or large scale multi-family
uses.”
Uses that serve residential areas, such as the proposed church expansion, are
recognized by the Plan as important to the cohesiveness and character of
neighborhoods as they provide community gathering spaces. Such uses are
appropriate when authorized by a public hearing process, are of a smaller scale
and are compatible with residential uses.
Staff finds the proposal to be consistent with this criteria.
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Date: October 25, 2012
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C. The proposal complies with all requirements of this title;
The proposal will comply with the Zoning Code provided that recommended
conditions of approval are implemented.
Staff finds the proposal to be consistent with this criteria.
D. The proposal can be constructed and maintained so as to be harmonious and
appropriate in design, character, and appearance with the existing or intended
character of the general vicinity;
According to information submitted, the structures are approximately 14 feet from
top of foundation to the peak of the pitched roof. The main church building also
has a pitched roof. The structures are proposed to be placed south of the
existing church building which, where they will be less visible from A Street SE
and Lakeland Hills Way SE; the areas of greatest visibility. The structures will be
partially screened from view by travelers on Lakeland Hills Way SE by the
existing church building and from A Street SE by topography and the intervening
storm pond.
The proposal is not expected to alter the character of the site in ways that would
be inconsistent or inappropriate with the existing character of uses in the
immediate vicinity.
Staff finds the proposal to be consistent with this criteria.
E. The proposal will not adversely affect the public infrastructure;
As described above, the site is currently served by city, water, and storm
drainage. An on-site 8-inch water line extension will be required to provide
necessary on-site fire protection (fire hydrant) required under the International
Fire Code. With submittal of plans and permit applications meeting city design
standards, water and storm drainage are capable of serving the site without
adverse impacts. The project is not anticipated to result in adverse traffic or
pedestrian impacts.
Staff finds the proposal to be consistent with this criteria.
F. The proposal will not cause or create a public nuisance.
No potential public nuisances associated with the church use have been
identified or are anticipated.
Staff finds the proposal to be consistent with this criteria.
CITY STAFF RECOMMENDATION:
Based upon the application, Findings of Fact and Conclusions of the staff report, staff
recommends approval of the conditional use permit request subject to the following
conditions:
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 13 of 16
General:
1. Development shall conform to the application materials and the site plans
submitted, in particular the site plan received February 22, 2011, unless
amended by the conditions of this approval. Also, minor modifications may be
permitted by the planning director in accordance with ACC 18.64.030(C)
2. Consistent with ACC 18.64.060, the conditional use permit shall be implemented
within two years of the approval. If building permits has not been issued within
the two-year period then the conditional use permit shall be null and void.
Utilities:
3. Water service is currently provided to the existing church building via a meter and
service line connected to the 12-inch water main located within Lakeland Hills
Way SE. Through submittals of the Family Life Center Modular Buildings Civil &
Utility Plans, M. Antonoff, P.E., July 2009 and the Aerial Photo with Proposed
Water System Extension (Fire Hydrants), Dirt Pros, Undated, the Applicant
indicates that approximately 308 feet of 8-inch water line will be extended on-site
to install at new fire hydrant within the required 150-foot distance of the modular
buildings. To provide adequate on-site fire suppression, a fire hydrant shall be
placed within 150 feet of all buildings and no portion building is more than 300
feet from a hydrant. (ACC 15.36A.031) and shall be completed and operational
prior to occupancy of the placed modular buildings.
4. If additional water service is required for the modular buildings, backflow
assemblies are required for any non-domestic and fire services in accordance
with Design Standard 7.01.2.2(A). Water meters shall be placed in landscape
strips within the public right-of-way or in a public utility easement per Design
Standard 7.01.2.1(D). Design of the water system shall meet the requirements of
City Design Standards Chapter 7 - Water Facilities.
5. The Applicant's parcel is located within the critical area known as Ground Water
Protection Zone 4. The Applicant shall implement best management practices for
water resource protection per ACC 16.10.120 (E)2.
6. According to the “Overall site Plan” accompanying the February 22, 2011 letter
from Family Life Center, sewer service is currently provided to the existing
church building via a service line connected to the 10-inch main located within
Lakeland Hills Way SE. The applicant is proposing new connections to the
private on-site grinder pump which is connected to the city public sewer system.
The applicant will be required to apply for a sewer repair permit for those
additional connections. As part of this the Applicant must complete a revised
King County Non-residential Sewer Use Certificate which may result in an
additional King County capacity charge. Design of the sewer system shall meet
the requirements of City Design Standards Chapter 8 – Sanitary Sewer Facilities.
7. The city previously received a conceptual drainage analysis to include
engineering level of water quality and quantity calculations necessary to
demonstrate that stormwater facilities and City standards can be accommodated.
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 14 of 16
The Letter to Pastor Allison on Storm Drainage Requirements, Michel Cross, July
19, 2012 clarifies that the project will not exceed the triggers under which flow
control of stormwater runoff generated by the project will be required. The runoff
from, the approx 5,000 square feet of roof from the approx. 1,000 square feet of
walkways consistent with City standards and the required stormwater
management permit.
8. Auburn City Code 19.04 states that the addition of useable space requires the
payment of a traffic impact fee. Traffic impact fees are required at time of building
permit issuance to place the modular buildings, unless deferred. The actual fee
charged and collected by the city will be subsequently determined and based on
the fee schedule in effect at the time of a complete building permit application is
received by the city and the size and land use information identified.
Building Division:
9. With the clarification provided by the applicant‟s February 22, 2011 letter that the
proposed buildings will not be used as daycare, issues with the Group
Occupancy Use are not anticipated. Project buildings must not be used for
daycare unless permits are secured in advance to meet the appropriate
International Building Code (IBC) and International Fire Code (IFR) standards.
10. The proposed modular buildings were manufactured under the authority and
inspection by the Washington State Department of Labor and Industries rather
than by the City. As such, the proposed modular buildings B and C are
permanently labeled by the Washington State Department of Labor and
Industries for the type of use, and the number of occupants. Please note the
information on these labels and submit this information with subsequent building
permits, the City will verify the label information at the time of subsequent on-site
inspection. If the label is not found or missing, please contact to the Washington
State Department of Labor and Industries for replacement information. The
Washington State Department of Labor and Industries in Tacoma can be
contacted at 253-596-3808.
11. Accessibility is needed for the proposed buildings to comply with the Americans
with Disabilities Act (ADA). If the occupant load for the buildings requires two
exits, then both exits are required to be accessible. City-issued building permits
are required for the construction of the access ramps and/or stairs and
addressing the accessible route of travel. An exterior accessible route of travel
for the modular‟s to the front of the building or arrival point or drop off area must
be provided. Permits are also needed for the building, when submitting for
permit for the building. Provide the manufactures guidelines or engineering
specification for set-up. Also, show all tie down locations and specification for
installation.
12. The CUP site plan submitted on 2-22-11 shows the location of the buildings in
relation to the adjacent hillside occurring on the site. Also, the CUP site plan
contains the following note:
“Separation from BLD B to SE hillside = 7 feet.”
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 15 of 16
However, the proposed distance from the face of the building to the toe of slope
does not meet international building code requirements. In short, Chapter 18 of
the 2009 International Building Code (IBC) provides buildings must be located a
minimum of fifteen (15) feet from the existing toe of the slope. So, the building
must be relocated farther from the slope or re-oriented to comply. Alternatively, a
retaining wall can be installed and the building can be located fifteen feet from
the relocated toe of the slope behind the retaining wall that does not have a
surcharge. The relocation of the buildings or the location of retaining walls, are
features appropriate for depiction on the site plan for the Conditional Use Permit
processing. An engineered retaining wall maybe required or needed for this
project. City issued building permits will be required for affixing the buildings to
the ground. A completed permit application, plans, design along with supporting
calculations need to be submitted to the city showing the building load and the
foundation design and using engineered tie downs.
13. For the purposes of future building permit applications, please note that at the
closest point, Buildings B and C are shown to have a 15-foot separation. Please
note that the closest point, the non-parallel walls of the building must be off-set
and not aligned or overlap to meet international building code requirements.
Fire Agency:
14. The existing 20' wide asphalt along the west side of existing church building shall
be marked as a "Fire Lane" in accordance with ACC 10.36.175. The marking
shall be completed prior to occupancy.
Planning Division:
15. If the project includes alteration of the Geologic Hazard Area - Steep Slope or the
modular buildings cannot be located to meet the minimum separation between
the buildings and the toe of the slope under the International Building Code, then
an environmental review under SEPA is required and must be completed prior to
issuance of permits authorizing site construction/alteration. Additionally, a
geologic hazard critical areas report addressing the above noted geologic
hazards and meeting the requirements of Chapter 16.10 ACC is required for this
proposal. The regulations in Chapter 16.10 ACC require that an applicant and/or
its qualified consultant shall provide the City with assurances which, at the city's
discretion, may include one or more of the following:
a) A letter from the geotechnical engineer and/or geologist who prepared the
geologic hazard report, stating that the risk of damage from the proposal,
both on-site and off-site, are minimal subject to the conditions set forth in the
report, that the proposal will not increase the risk of occurrence of the
potential geologic hazard, and that measures to eliminate or reduce risks
have been incorporated into its recommendations;
b) A letter from the applicant, or the owner of the property if not the applicant,
stating its understanding and acceptance of any risk of injury or damage
associated with development of the site and agreeing to notify any future
purchasers of the site, portions of the site, or structures located on the site of
the geologic hazard;
Agenda Subject: Public Hearing CUP09-0001 Family Life Center
Date: October 25, 2012
Page 16 of 16
c) A legally enforceable hold harmless agreement, which shall be recorded as
a covenant and noted on the face of the deed or plat, and executed in a form
satisfactory to the city, acknowledging that the site is located in a geologic
hazard area; the risks associated with development of such site; and a waiver
and release of any and all claims of the owner(s), their directors, employees,
or successors, or assigns against the city of Auburn for any loss, damage, or
injury, whether direct or indirect, arising out of issuance of development
permits for the proposal; and/or
d) Posting of a bond, guarantee or other assurance device approved by the
city to cover the cost of monitoring, maintenance and any necessary
corrective actions.
16. Prior to the issuance of permits authoring construction or site alteration, the
Applicant shall submit a parking calculation schedule demonstrating compliance
with city parking standards of ACC 18.52 identifying: the use, building square
footage and parking rates. If the existing 44 spaces on-site are not adequate to
satisfy code requirements, either submittal of a off -site parking agreement in
accordance with ACC 18.52.050, “ Parking design, development, and
maintenance standards” shall be required for review and approval or a reduction
of parking under ACC 18.52.030, “Reductions of the quantity of required parking”
is approved.
Staff reserves the right to supplement the record of the case to respond to matters and
information raised subsequent to the writing of this report.
EXHIBIT LIST
Exhibit 1 Staff Report, dated 10/25/12
Exhibit 2 Completed Application Form and accompanying materials received February 3,
2009
Exhibit 3 Letter to City Requesting Conditional Use Permit, Pastor Paul Allison, Received
February 3, 2009
Exhibit 4 Family Life Center Modular Buildings Civil & Utility Plans, M. Antonoff, P.E., July
2009
Exhibit 5 Letter to City Answering Questions on Application, GTF Construction,
September 8, 2009.
Exhibit 6 Letter to City replying to Notice of “Incomplete” for Conditional Use Permit,
Pastor Paul Allison, February 22, 2011 and attachments of Overall site Plan,
Building B & C Floor Plans.
Exhibit 7 Letter to Pastor Allison on Storm Drainage Requirements, Michel Cross, July 19,
2012
Exhibit 8 Aerial Photo with Proposed Water System Extension (Fire Hydrants), Dirt Pros,
Undated.
Exhibit 9 2007 Aerial Photograph of Subject Property
Exhibit 10 Zoning Map of Subject Property
Exhibit 11 Combined Notice of Application and Public Hearing, dated October 28, 2012)
Exhibit 12 Affidavit of Posting of Legal Notice by Applicant (Notice of Application and Public
Hearing and posting board)
Exhibit 13 Affidavit of Mailing
Exhibit 14 Newspaper receipt of request to publish (Affidavit of Publication to be provided at
Hearing)
2007 Aerial Photo CUP09-0001
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
11/6/2012
Zoning Map, CUP09-0001
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
11/6/2012
-Notice Details-
Total NET Cost: $534.00
Class Name: Public Notices
Account #: 107302
Advertiser Name: City Of Auburn Finance Dept
Agency Name:
Contact: Dani (City Clerk) 253-931-3037
Address: 25 W Main St
Auburn, WA 98001
Telephone: (253) 876-1980
These are the details of your notice scheduled to run on the dates indicated below.
CITY OF AUBURN NOTICE OFAPPLICATION & HEARING
PUBLIC HEARING: Hearing Examiner, November 13, 2012 at 6:30 pm COUNCIL CHAMBERS, CITY HALL
APPLICATION NUMBER & NAME: CUP09-0001 / Family Life Center Condi-tional Use Permit
PROPONENT: Pastor Paul Allison, Family Life Center 3930 A Street SE, Suite 305-178Auburn WA 98002
PROPERTY LOCATION: 116 Lakeland Hills Way SE, near the SE corner of Lake-land Hills Way SE and A Street SE. within NE Section 19, Township 21 North, Range 5 East, W.M. King County, WA. Parcel #312105-9016.
DESCRIPTION OF PROPOSAL: Condi-tional Use Permit (CUP) to install approx-imately 5,200 square feet of modular build-ings as an expansion of an existing 7,000 square foot church in the R5, residential zoning district.
APPLICATION FILED: February 3, 2009.
COMPLETE APPLICATION: October 14, 2012.
NOTICE OF APPLICATION: October 28, 2012
STUDIES SUBMITTED WITH APPLICATON: Letter to City requesting Conditional Use Permit, Pastor Paul Allison, Received February 3, 2009
Letter to City replying to Notice of “In-complete” for Conditional Use Permit, Pastor Paul Allison, February 22, 2009 and attachments of Overall site Plan, Building B & C Floor Plans.
Family Life Center Modular Buildings Civil & Utility Plans, M. Antonoff P.E., July 2009
Letter to City answering Questions on Application, GTF Construction, Septem -ber 8, 2009.
Letter to Pastor Allison on Storm Drainage Requirements, Michel Cross, July 19, 2012
Aerial Photo with Proposed Water System Extension (Fire Hydrants), Erik Garcia, Dirt Pros, Undated.
OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: No other permits are required prior to the Conditional Use Permit decision; Subsequent development will be required to obtain all necessary permits or approvals that may include subdivisions, grading, facility extensions and building permits.
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS:This proposal is subject to and shall be consistent with the City of Auburn Com-prehensive Plan, Zoning Code, Storm-water Management Ordinance, Street & Utility Standards, International Building & Fire Codes.
All persons may comment on this applica-tion either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the Planning Dept report with recommenda-tion (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify Planning Dept. by providing their name, mailing address and reference the application number CUP09-0001.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of ser-vice or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment.
PLANNING AND DEVELOPMENT DE-PARTMENT - 25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 804-5033, Contact: Jeff Dixon, Principal Planner, jdixon@auburnwa.gov
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Legals Desk Contact Information
Phone # (206) 652-6018
Email: legals@seattletimes.com
Notice Placement Information
Prepayment Information
Seattle Times 10/28/12
NWclassifieds 10/28/12
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NWclassifieds 10/30/12
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Notice ID: 253702
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Exhibit 1
Number of Pages 5
AGENDA BILL APPROVAL FORM
Agenda Subject: REZ12-0005 – Cruze Rezone
Date: October 31, 2012
Department: Planning and
Development
Attachments: See Exhibit List
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the
Cruze rezone.
Background Summary:
OWNER/
APPLICANT: Kathryn Cruze, 24216 231st Place SE, Maple Valley, WA 98038
REQUEST: Change in zoning of one parcel from R-7 Residential (7 du/acre) to RO, Residential
Office
LOCATION: The property is located at 105 M Street NE, Auburn, WA 98002 Parcel Number:
2648000610
EXISTING
LAND USE: Single Family Residential with a detached garage and cottage on the property
COMPREHENSIVE
PLAN DESIGNATION: Residential Office
SEPA STATUS: A DNS was issued on October 11, 2012 for the proposed rezone.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Chamberlain
Meeting Date: November 13, 2012 Item Number:
Agenda Subject: REZ12-0005 – Cruze Rezone
Date: October 31, 2012
Page 2 of 5
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are (See Exhibits 9 for the Land Use Map):
Comprehensive Plan Zoning Land Use
Project Site Residential Office R-7 Residential (7 du/acre) Single Family Residential
North Residential Office R-7 Residential (7 du/acre) Single Family Residential
South Neighborhood Commercial CN (Neighborhood
Commercial)
Grocery Store and Drug
Store
East Residential Office R-7 Residential (7 du/acre) Single Family Residential
West Single Family Residential R-7 Residential (7 du/acre) Single Family Residential
Zoning Map
Subject Site
R-7 Residential
Agenda Subject: REZ12-0005 – Cruze Rezone
Date: October 31, 2012
Page 3 of 5
FINDINGS OF FACT:
1. Kathryn Cruze has applied for a rezone from R-7 Residential (7 du/acre) to RO, Residential
Office, for property located at 105 M Street NE, Auburn, WA.
2. The rezone site at 105 M Street NE is approximately 12,095 square feet in size and contains an
existing single family residence, detached garage, and cottage. The site is a corner lot with M
Street NE to the east and 1st Street NE to the south.
3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of
the Comprehensive Plan, for the subject property is Office Residential.
4. The applicant filed an environmental checklist that addressed the proposed rezone. A description
of future development of the property was included. The applicant proposes to covert the existing
single family residence and cottage into a professional office.
5. The RO, Residential Office, zoning district permits professional offices outright (see ACC
18.22.020). The intent of the RO zone is:
“RO and RO-H zone is intended primarily to accommodate small-scale business and
professional offices, medical and dental clinics, banks and similar financial institutions at
locations where they are compatible with residential uses. Some retail and personal
services may be permitted if supplemental to the other uses allowed in the zone. This
zone is intended for those areas that are in transition from residential to commercial uses
along arterials or near the hospital. Conversion of residential uses to commercial uses is
geared towards encouraging adaptive re-use of existing single-family structures that
continue to appear in accord with the single-family residential character.”
6. The RO zone development standards including setbacks and lot requirements are contained in
ACC 18.22.040.
7. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the
planning director prior to the scheduling of a public hearing. After review of the application, the
director shall determine which of the following two processes should occur to properly hear the
rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18.66.170.
This application is consistent with the comprehensive plan, as outlined below in the conclusions.
8. On October 11, 2012, the SEPA Responsible Official issued a Determination of Non-Significance
(DNS) for the proposed rezone from R-7 Residential (7 du/acre) to RO (Residential Office).
There were no comments received, comment period closed on October 26, 2012, and no appeals
filed as of the writing of this report. The appeal period ends on November 9, 2012 (Exhibit 5).
9. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the
public hearing and in accordance with ACC 14.07.040. The public hearing notice was published
in the Seattle Times on October 23, 2012, provided to the property owners within 300 feet of the
subject site, posted on the subject property meeting this requirement, and posted on the City’s
website (Exhibit 7).
10. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing
Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still
Agenda Subject: REZ12-0005 – Cruze Rezone
Date: October 31, 2012
Page 4 of 5
the decision maker on rezones with the Hearing Examiner making a recommendation on the
proposal.
11. M Street NE is a principal arterial and 1st Street NE is a local residential street. The road
classifications supports the rezone request. Pursuant to Auburn Design Standards Section
10.04.4 direct access to M Street NE would be prohibited. Site access would be required to
remain on 1st Street NE. This requirement will be addressed as part of the building permit review.
The site plan (Exhibit 4) shows access to 1st Street NE.
CONCLUSIONS:
ACC Chapter 18.68 provides certain criteria for approval of a rezone:
1. The rezone must be consistent with the Comprehensive Plan.
Comment
Policy LU-48: The management of areas in transition from existing residences to a planned non-
residential use, should balance the needs of existing residents with the need to accommodate new
uses.
Chapter 14: Office-Residential Land Use Designation
The purpose of the Office-Residential designation is to reserve areas to accommodate professional
offices for expanding medical and business services, while providing a transition between residential
uses and more intensive uses and activities.
The applicant submitted for a rezone on September 14, 2012. The subject site is currently zoned R-7
Residential (7 du/acre) but has a land use designation of Residential Office which would allow a
rezone to RO, Residential Office. In researching the land use history for the subject site, the M Street
corridor between 8th Street NE and East Main Street has been designated Residential Office at least
since 2006.
The proposed rezone is consistent with the above excerpts from the Comprehensive Plan as the
zoning would change to Residential Office bringing the subject property into consistency with the land
use designation. The future use of the site will be for a professional office utilizing the existing
structure on –site meeting the purpose of the Office-Residential land use designation and maintaining
the character of the neighborhood.
2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner
to consider the request.
Comment
The rezone has been initiated by the property owner, Kathryn Cruze, who is also the applicant.
3. Any changes or modifications to a rezone request made by either the Hearing Examiner or
City Council will not result in a more intense zone than the one requested.
Comment
The requested rezone change, from R-7 Residential (7 du/acre) to RO, Residential Office, will not
result in a more intense zone than what is requested.
Agenda Subject: REZ12-0005 – Cruze Rezone
Date: October 31, 2012
Page 5 of 5
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends
that the Hearing Examiner recommend to the City Council approval of the rezone.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Application
Exhibit 4 Site Plan
Exhibit 5 Combined Notice of Application and Determination of Non-Significance with affidavits
Exhibit 6 Environmental Checklist and Final Staff Evaluation
Exhibit 7 Public Hearing Notice with affidavits
Exhibit 8 Aerial Photograph
Exhibit 9 Land Use Map
REZ12-0005 Cruze Rezone Vicinity Map
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
10/31/2012
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Final Staff Evaluation for Environmental Checklist SEP12-0027
Page 1 of 5
FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP06-0004
Date: October 8, 2012
Project Name: Cruze Rezone
Applicant: Kathryn Cruze
24216 231st Place SE
Maple Valley, WA 98038
Location: 105 M Street NE, Auburn, WA 98002. Parcel Number: 2648000610
Proposal: Applicant proposes to re-zone the subject property from R-7 Residential, 7 dwelling
units per acre, to RO, Residential Office. Subsequent improvements include converting the
existing single family residence to a professional office.
Existing Zoning: R-7 Residential, 7 dwelling units per acre – proposal would change the
zoning to RO, Residential Office
Comprehensive Plan Designation: Residential Office
A. Background
Pursuant to WAC 197-11-340(2), the City of Auburn is required to send any DNS which may
result from this environmental review, along with the checklist, to DOE, the Army Corps of
Engineers, other agencies with jurisdiction, affected tribes, and interested parties. Therefore,
the City will not act on this proposal for fifteen days after the issuance of a combined NOA/DNS
(October 26, 2012 comment period ends).
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
• Environmental Checklist dated September 14, 2012
B. Environmental Elements
1. Earth
Concur with the checklist
2. Air
The proposal is a non-project action; however, short-term impacts on air quality could occur
during site preparation and paving operations. Construction activity, including the hauling of
construction materials will contribute to short-term increases in local suspended particulate
levels. These impacts will be controlled through watering the site as necessary. Street
cleaning in accordance with the City’s Design and Construction Standards manual will also
lessen these impacts.
Minimizing the increased levels of suspended particulates is a priority of the City. The City shall
consider measures that will keep the levels of on-site and off-site dust emissions at acceptable
levels.
Final Staff Evaluation for Environmental Checklist SEP12-0027
Page 2 of 5
Applicable policies adopted and designated as a basis for the exercise of substantive authority
under SEPA to approve, condition or deny proposed actions are noted as follows:
The City shall seek to secure and maintain such levels of air quality as will protect human
health, prevent injury to plant and animal life, prevent injury to property, foster the comfort
and convenience of area inhabitants, and facilitate the enjoyment of the natural attractions
of the area. (Policy EN-18, ACP)
The City shall consider the impacts of new development on air quality as a part of its
environmental review process and require any appropriate mitigating measures. (Policy EN-
22, ACP)
3. Water
a. Surface
Staff concurs with the checklist.
b. Ground
Concur with the checklist; however, NPDES Phase II will be applicable to the project.
c. Water Runoff (including storm water)
Concur with the checklist; however, NPDES Phase II will be applicable to the project. The
proposed additional impervious surfaces includes a walkway from the ADA parking space to the
accessible entrance of the structure. The anticipated increase in impervious surfaces is less
than 2,000 square feet.
Applicable policies adopted and designated as a basis for the exercise of substantive authority
under SEPA to approve, condition or deny proposed actions are noted as follows:
Stormwater drainage improvement projects that are proposed to discharge to groundwater,
such as open water infiltration ponds, shall provide for surface water pretreatment designed
to standards outlined in the Washington State Department of Ecology’s Stormwater
Management Manual for the Puget Sound Basin. Drainage improvement projects that may
potentially result in the exchange of surface and ground waters, such as detention ponds,
shall also incorporate these standards. (Policy EN-2, ACP)
The City will regulate any new storm water discharges to creeks, streams, rivers, ponds,
lakes and other water bodies with the goal of no degradation of the water quality or habitat
of the receiving waters, and where feasible seek opportunities to enhance the water quality
and habitat of receiving waters. (Policy EN-4, ACP)
The City's design standards shall ensure that the post development peak stormwater
runoff rates do not exceed the predevelopment rates. (Policy EN-10, ACP)
The City will seek to ensure that the quality of water leaving the City is of equivalent quality
to the water entering. This will be accomplished by emphasizing prevention of pollution to
surface and ground waters through education programs and implementation and
enforcement of Best Management Practices. (Policy EN-11, ACP)
Final Staff Evaluation for Environmental Checklist SEP12-0027
Page 3 of 5
The City shall consider the impacts of new development on water quality as part of its
environmental review process and require any appropriate mitigating measures. Impacts on
fish resources shall be a priority concern in such reviews. (Policy EN-13, ACP)
The City shall require the use of Best Management Practices to enhance and protect water
quality as dictated by the City’s Developer Design Manual or other designated standard until
is completed. In all new development, biofiltration or other approved treatment measures
shall be required prior to discharging storm waters into the City storm drainage system or
into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater). (Policy EN-
12, ACP)
The City shall require the use of Best Management Practices to enhance and protect water
quality as dictated by the City's Design and Construction Standards and the Washington
State Department of Ecology’s Stormwater Management Manual for the Puget Sound Basin.
In all new development, approved water quality treatment measures that are applicable and
represent the best available science or technology shall be required prior to discharging
storm waters into the City storm drainage system or into environmentally sensitive areas
(e.g. wetlands, rivers, and groundwater.) (Policy EN-14, ACP)
The City recognizes that stormwater treatment facilities do not function efficiently unless
maintained. The City shall strive to ensure that public and private stormwater collection,
detention and treatment systems are properly maintained and functioning as designed.
(Policy EN-17, ACP)
The City shall enact ordinances and review development proposals in a manner, which
restricts and controls the discharge of storm water for new development. At a minimum, the
peak discharge rate after development shall not exceed the peak discharge rate before
development. (Policy EN-55, ACP)
4. Plants
Concur with the checklist.
Applicable policies adopted and designated as a basis for the exercise of substantive authority
under SEPA are noted as follows:
The City shall encourage the retention of vegetation and encourage landscaping in
order to provide filtering of suspended particulates (Policy EN-20, ACP).
The City shall seek to protect any unique, rare or endangered species of plants and animals
found within the City by preventing the indiscriminate and unnecessary removal of trees and
groundcover; by promoting the design and development of landscaped areas which provide
food and cover for wildlife; and by protecting and enhancing the quality of aquatic habitat
(Policy EN-23, ACP).
The City shall consider the impacts of new development on the quality of land, known or
suspected fish and wildlife habitats (Map 9.2) and vegetative resources as a part of its
environmental review process and require any appropriate mitigating measures. Such
mitigation may involve the retention of significant habitats and the use of native
landscape vegetation (Policy EN-24, ACP).
Final Staff Evaluation for Environmental Checklist SEP12-0027
Page 4 of 5
The City shall encourage the use of native vegetation as an integral part of public and
private development plans (Policy EN-31, ACP).
The City shall discourage the unnecessary disturbance of natural vegetation in new
development (Policy EN-32, ACP).
The City shall encourage the use of water conserving plants landscaping for both public and
private projects (Policy EN-33, ACP).
5. Animals
Concur with the checklist.
6. Energy and Natural Resources
Concur with the checklist.
7. Environmental Health
Concur with the checklist.
8. Noise
Concur with the checklist.
9. Land and Shoreline Use
There is an existing residence on the property as well as a detached garage and accessory
structure. The adjacent properties are developed with single family residential to the west,
north, and east. To the south is an existing neighborhood commercial center with a grocery
store and drug store. The existing single family residence is proposed to be converted to a
professional office. Existing zoning for the site is R-7 Residential, 7 dwelling units per acre and
the proposal is to rezone to RO, Residential Office. The comprehensive plan designation is
Residential Office.
Adjacent zoning and land uses include:
• North: R-7, Residential 7 du/acre
• South: CN, Neighborhood Commercial; to the SE is RO, Residential Office
• East: R-7, Residential 7 du/acre
• West: R-7, Residential 7 du/acre
10. Housing
Concur with the checklist
11. Aesthetics
Concur with the checklist.
12. Light and Glare
Concur with the checklist.
13. Recreation
Concur with the checklist.
14. Historic and Cultural Preservation
Final Staff Evaluation for Environmental Checklist SEP12-0027
Page 5 of 5
A historic and cultural resources study has not been prepared for the site as this is a non-project
action and the proposed improvements are interior to the structure and minor site improvements
related to walkways. The state of Office of Archeology and Historic Preservation is notified of
the SEPA determination.
The closest designated historic structure(s) is approximately ¾ a mile west of the subject
property.
15. Transportation
Concur with the checklist.
16. Public Services
Concur with the checklist.
17. Utilities
Concur with the checklist.
C. Conclusion: Pursuant to growth and environmental policies of the City's Comprehensive
Plan:
The growth impacts of major private or public development which place significant
service demands on community facilities, amenities and services, and impacts on the
City's general quality of life shall be carefully studied under the provisions of SEPA prior
to development approval. Siting of any major development (including public facilities
such as, but not limited to, solid waste processing facilities and landfills) shall be
carefully and thoroughly evaluated through provisions of SEPA prior to project approval,
conditional approval, or denial. Appropriate mitigating measures to ensure conformance
with this Plan shall be required. (Policy GP-6, ACP)
D. Non-Project Action Supplemental
Concur with the checklist.
Based on this analysis, the proposal can be found to not have a probable significant adverse
impact on the environment and a Determination of Non-Significance (DNS) is the appropriate
determination.
The City reserves the right to review any future revisions or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the project
at that point in time.
Prepared by: Elizabeth Chamberlain, AICP, Planning Manager
REZ12-0005 Cruze Rezone Aerial Map
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
10/31/2012
REZ12-0005 Cruze Rezone Land Use Map Legend
Printed On:10/31/2012
Created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Parcels
Street Centerlines
Land Use
Residential Conservency
Single-Family Residential
Moderate Density Residential
High Density Residential
Office Residential
Neighborhood Commercial
Light Commercial
Heavy Commercial
Downtown
Light Industrial
Heavy Industrial
Public and Quasi-Public
Open Space