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Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Conditional Use Permit (ORD 5826)
Reference Number(s) of Documents assigned or released:
[-]Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
C ty of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Feliciano, Juan Carols
2. Aposto c Assembly Church
Legal DescriPtion (abbreviated: i.e. lot, block, plat or section, township; range)
That portion of Government Lot 8, in Section 19, T21N, R5E
[] Additional legal is on page 9 of document.
IAssessor's Property Tax Parcel/Account Number
192105-9155
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 8 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO
ALLOW FOR A RELIGIOUS INSTITUTION IN A R-O, RESIDENTIAL
OFFICE ZONE LOCATED AT 924 "M" STREET SE, WITHIN THE CITY
OF AUBURN, WASHINGTON
WHEREAS, Application No. CUP03-0004 dated April 28, 2003, was submitted
to the City of Auburn, Washington, by Pastor Juan Carlos Feliciano for a Conditional
Use Permit for a religious institution in a R-O, Residential Office zone located at 924
"M" Street, SE, within the City of Auburn, Washington; and
WHEREAS, said application was referred to the Hearing Examiner for study
and public hearing thereon, along with staff review; and
WHEREAS, the Hearing Examiner held a public hearing to consider said
application in the Council Chambers of the Auburn City Hall, on December 16, 2003,
the Hearing Examiner recommended approval of the application on December 24,
2003, and
WHEREAS, on January 5, 2004, the City Council considered said application;
and approved Hearing Examiner's recommendation for the issuance of a Conditional
Use Permit for a religious institution in a R-O, Residential Office zone, on property
located at 924 "M" Street SE, within the City of Auburn, Washington, based upon the
following Findings of Fact and Conclusions of Law and Decision, to-wit:
Ordinance 5826
January 14, 2004
Page 1
sanctuary of approximately 1,632 square feet.
Ordinance 5826
January 14, 2004
Page 2
FINDINGS OF FACT
Pastor Juan Carlos Feliciano, Apostolic Assembly Church, has
requested a conditional use permit to allow a religious institution in a R-
O, Residential Office zone Auburn City Code Section 18.22.030(A)(6).
The site contains an existing partial building shell that will be
incorporated into the final construction design.
An approved site plan is a component of conditional use permit
approval, in accordance with Auburn City Code 18.64.030C. The
applicant's site plan is generally consistent with the Code requirements.
The applicant has coordinated with the City's Storm Utility related to the
on-site water quality and quantity control requirements.
For religious institutions, the Zoning Code requires one off-street
parking space per five seats. The Code required parking for religious
institutions is calculated based on the size of the floor area occupied by
chairs when portable seats are proposed (with each square feet of floor
space occupied by chairs to count as one seat), or on the linear inches
of bench or pew when fixed seats are proposed (one seat is equal to 18
inches of pew or bench length).
The proposal indicates that 24 parking stalls are proposed to serve a
This would be adequate
10.
based on the code calculation for off-street parking based on protable
seating. Even with the code provision for one parking space for each
five seats if the seats are in a fixed configuration seems quite
inadequate. However, there is not a legal basis to require the applicant
to provide more parking than the Code requires.
The applicant has indicated that pews (fixed seating) can be used at the
church and that this will provide sufficient seating for the church
consistent with the limitation imposed by the 24 parking stalls being
provided.
The applicant does not have the ability to provide additional on-site
parking under the current design so measures are necessary to ensure
that the proposal can meet or exceed Code requirements for off-street
parking.
A building permit is required for the proposal. The applicant shall
provide evidence during plan review for the permit to demonstrate to
the Building Official that the proposal provides off-street parking
consistent with the requirements of Auburn City Code.
The proposed kitchen and daycare facilities will be required to meet the
applicable requirements of the Uniform Building Code and Uniform Fire
Ordinance 5826
January 14, 2004
Page 3
11.
12.
]3.
Code, which may require modifications to the internal layout and the
addition of fire sprinklers.
The Zoning Code requires a 10-foot width landscaping along the street
footage and rear property lines of the subject site. No landscaping is
required by the Code along the north or south property lines.
The contents of the case file, CUP03-0004 and case file SEP03-0020
for this project are hereby incorporated by reference and made part of
the record of this hearing.
At the time of the public hearing, there was no testimony in opposition
to the request.
CONCLUSIONS OF LAW
The conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant permit as outlined in ACC Section 18.64.040.
1. The use will have no more adverse effect on the health, safety or
comfort of persons living or working in the area, and will be no more
injurious, economically or otherwise, to property or improvements in the
surrounding area, than would any use generally permitted in the district.
It is not anticipated that the proposal will cause any adverse effects to
any of the adjoining uses beyond those of generally permitted uses.
Ordinance 5826
January 14, 2004
Page 4
The R-O Residential Office zone allows for commercial uses that may
be developed consistent with the parameters of the proposed building
and parking area. Although the Hearing Examiner questions the
adequacy of the parking, the applicant is complying in full with the
parking requirements for churches as set forth in the Zoning Ordinance
for this proposal.
The proposal is in accordance with the goals, policies and objectives of
the Comprehensive Plan.
The proposed project is consistent with the Comprehensive Plan.
The proposal complies with all requirements of the Zoning Ordinance.
The proposal is capable of complying with the Zoning Ordinance.
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.
The proposal is not expected to alter the character of the lot or building
in ways that would be inconsistent or inappropriate with the existing
character of development or uses in the immediate vicinity.
The proposal will not adversely affect the public infrastructure.
There is no indication that public infrastructure would be affected by the
proposal.
Ordinance 5826
January 14, 2004
Page 5
DECISION
For each of the above reasons, the Hearing Examiner approved the
application for the Conditional use permit;
WHEREAS, the City Council accepts the Findings, Conclusions and Decision
referred to hereinabove.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. A Conditional Use Permit is hereby approved to allow for a
religious institution in a R-O, Residential Office zone Subject to the conditions as set
forth above on property located at 924 "M" Street SE, in the City of Auburn, County of
King, State of Washington, and as identified hereinabove.
Section2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Ordinance 5826
January 14, 2004
Page 6
Section 4. Recording. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor.
Section 5. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
JAN
JAN 2 0 2o04
JAN ~ .0 2~bn
-~
PE'I~--R B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
APPR/O~ED AS/'~-~ORML /7
City Attorney
PUBLISHED: /L ~_.~ 7-~~ ~7/
Ordinance 5826
January 14, 2004
Page 7
EXHIRIT A
The North 100 feet 0fthe following described tract of land:
portion of Government Lot 8 in Section 19, Township 21 North, Range 5 East, W.M., in King
County, Washington, descn~d as follows:
Commencing at the Northcast comer of said Lot 8;
THENCE South Sgo 51' 00" West along the Northerly line of said lot g a distance of 1,000 feet to the
No~&west comer of a ira'ct of land conVeYed to the Northern Bacific Ra/lway Company by deed recorded
in Volume 319 Prise 356, records of King County;
THENCE South 08° 01' West alon~ the Westerly line of said Railway Tract 521.24 feet to the true point
ofbe~nnlng of the Tract herein described;
THENCE continue South 08° 01' West along said Wes~rly line of Railway Tract 148.12 feet;
THENCE West 218.$$ feet to the West line of said Government Lot $;'
THENCE North along said West line 150 feet;
THENCE East 239.75 feet, more or less, to the ~rue point of beglnning;
EXCEPT the West 30 feet thereof deeded to King County for ro~L
End of Schedule A
Exhibit A
Ordinance No. 5826