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HomeMy WebLinkAbout5439C'4 0 0 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 001101001242 PACIFIC NW TIT MISC 16.00 PAGE 001 OF 000 11/01/2000 16:11 KING COUNTY, WA rctGUKUtK'S DOVER SHEET Document Title(s) (or transactions contained therein): Ordinance No. 5439 — Approves CUP00-0004 for Samoan Assembly of God Church located at 16 G & 28 G St SW Reference Number(s) of Documents assigned or released: ❑Additional reference Ws on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN 9/Mql, c> 7VIVT A— 7,219_12 ;y, s; Grantee/Assignee/Beneficiary: (Last name first) Samoan Assembly of God Y Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 13-21-04 p p Additional legal is on page of document. Property Tax Parcel/Account Number 391500-0115 Assessor Tax # Said documents) wore f-lod for record by Pacific Nort.h,,ve. .q Tido ea accornrnodotion only. It has " bwn examined as Io proper axeculion or Be to As effect upon No. ORDINANCE NO. 5 4 3 9 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A PARKING AREA AND PLAY AREA FOR THE SAMOAN ASSEMBLY OF GOD CHURCH ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT 16 "G" AND 28 "G" STREET SW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP00-00004 dated August 15, 2000 was cv N submitted to the City of Auburn, Washington, by Samoan Assembly of God �a church for a Conditional Use Permit for a parking lot and daycare play area for their church/Montessori school in the C-1, (Light Commercial), located at 632 West Main Street, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referenced was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on September 19, 2000 at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow a parking lot and daycare play area for their church on their Ordinance 5439 October 4, 2000 Page 1 property located at 16 "G" and 28 "G" Street SW on property zoned C-1 (Light Commercial), within the City of Auburn, Washington; and WHEREAS, the City Council, on October 2, 2000, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow a parking lot and daycare play area for their church on their property located at 16 "G" and 18 "G" Street zoned C-1 (Light Commercial) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT 1. The Samoan Assembly of God Church has requested a conditional use permit to allow them to construct a parking lot and a daycare play area for their church/Montessori school. The church/school itself is located at 632 West Main Street and is in a C-1, Light Commercial zone. The parking lot is located at 16 "G" Street SW and the play area is located at 28 "G" Street SW. The parking lot and play area are located within an R-4 zone. The R- 4 zone does allow for churches subject to the issuance of a conditional use permit. 2. Even though the Church/school itself will be located within a C-1 zone which allows churches as an outright permitted use, the supportive parking and play area are not, but can be permitted, as a church activity subject to the issuance of a conditional use permit. 3. The parking area at 16 "G" Street is on the south side of the alley immediately next to the church/school. This is one of a couple of parking areas the Church needs to secure in order to meet the Zoning Code requirements. This property also contains a single family home that will remain and be used as a parsonage for the Church. The parking area will provide for about 6 spaces and will be in the rear of the lot. Ordinance 5439 October 4, 2000 Page 2 4. The play area is to be located at a vacant lot at 28"G" Street and will be about 150 feet from the church/school. A sidewalk currently exists along "G" Street connecting the church/school and the play area. The site plan submitted with the application indicates that a 4 -foot high chain link fence will be constructed at all four property lines. Since the property is zoned R- 4, Section 18.48.020(A)(1,a) of the Zoning Code only allows a 42 inch fence height within the setback area from both 1St and "G" Streets. Section 18.50.050(13) also requires a 5 -foot width of Type III landscaping along both street frontages. The fence, regardless of height, must be on the property side of the landscaping. 5. The contents of the case file, #CUP00-0004, of this project are hereby incorporated by reference and made part of the record of this hearing. CV CONCLUSIONS OF LAW The undersigned has concluded that the permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. 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. The number of parking spaces is minimal and a play area is likely to have significant less impact to the neighborhood as compared to a multi -family project that could be built on either property. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. Comprehensive Plan policy LU -39c recognizes the important role that churches and daycares may have in maintaining viable neighborhoods. 3. The proposal complies with all requirements of the Zoning Ordinance. Ordinance 5439 October 4, 2000 Page 3 With modifications the proposal is able to meet all requirements of the Zoning Code. 4. 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. Parking areas and play areas are not uncommon for multi -family areas. 5. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure will be affected DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following condition: 1. A five foot width of Type III landscaping shall be provided along the street frontages of 1St Street and "G" streets for the lot that will contain the play area. The fence shall also meet the setback and height requirements of the zoning code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a parking lot and daycare play area for their church/Montessori school on Ordinance 5439 October 4, 2000 Page 4 property zoned C-1 (Light Commercial) located at 16 "G" and 28 "G" Street SW and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, County of King, State of Washington. 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. 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. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. 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. --------------------- Ordinance 5439 October 4, 2000 Page 5 INTRODUCED: October 16, 2000 PASSED: October 16, 2000 APPROVED: October 16, 2000 04 CHARLES A. BOOTH MAYOR ATTEST Da 'elle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: /O/o?© 0 Ordinance 5439 October 4, 2000 Page 6 LEGAL DESCRIPTION OF PROPERTY Block 2, Knickerbocker's first addition to Aubum: Building: Lots # 1 & 2 Parking: Lot 7 Play Area: Lot 9 Ordinance 5439 Exhibit "A" Page 1 DA I 41. t Ordinance 5439 Exhibit "A" Page 2 a