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Return Address:
Auburn City Clerk
City of Auburn
25 West Main 8t.
Auburn, WA 98001
111I 1111111 I111111
20040729002399
PACIFIC NY TIT ORD 29.66
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KING COUNTY, YA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page of document
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Conditional Use Permit #CUP04-0001 (Ordinance 5860)
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Titus, John ".".. "
2. Krachunis, Matt "".", '
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 5 & 10, Auburn Park of Industry, Division 2
o Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
030351-0100
o Assessor Tax # not yet assigned
ORDINANCE NO.5 8 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING THE
ISSUANCE OF A CONDITIONAL USE PERMIT TO
ALLOW THE USE OF SPACE WITHIN AN EXISTING
STRUCTURE FOR THE ASSEMBLAGE OF WORSHIP
SERVICES (RELIGIOUS INSTITUTION)
WHEREAS, Application No. CUP04-0001 was submitted to the City of
Auburn, Washington, by John Titus and Matt Krachunis representing the Faith and
Victory Church, for a Conditional Use Permit to allow the use of space within an
existing structure for the assemblage of worship services (religious institution), at
property located at 1602 Pike Street NW, Auburn, Washington (Lots 5 & 10,
Auburn Park of Industry, Division 2, according to the plat thereof recorded in
volume 114 of plats, pages 5 and 6, in Auburn, King County, 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 June 22, 2004,
after which the Hearing Examiner recommended approval of the application in
accordance with the Hearing Examiner's Findings of Fact, Conclusions of Law and
Decision issued on June 29, 2004; and
Ordinance 5860
July 6, 2004
Page 1
WHEREAS, on July 19, 2004, the City Council considered said application
and Hearing Examiner's recommendation, and considered accompanying
information relative to the proposed Conditional Use Permit, including the following
Findings of Fact and Conclusions of Law and Decision of the Hearing Examiner,
to-wit:
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
)
)
)
)
)
For Approval of a Conditional Use Permit. )
)
NO. CUP04-0001
John Titus/Matt Krachunis, Faith and
Victory Church
FINDINGS, CONCLUSIONS AND
DECISION
SUMMARY OF DECISION
The request for a Conditional Use Permit to allow a religious institution to locate in
a portion of an existing building in the Light Industrial (M 1) zone is GRANTED, with
conditions.
SUMMARY OF RECORD
Reauest
John Titus and Matt Krachunis (Applicants) seek approval of a Conditional Use
Permit (CUP) to allow a religious institution to locate in a portion of an exiting
building in the Light Industrial (M1) zone. Pursuant to ACC 18.32.040(M), religious
institutions are permitted in the M1 zone within existing facilities only, subject to
approval of a CUP. The Applicants propose to lease approximately 2,500 square
feet of an existing 23,644 square foot structure in order to hold worship services
on Sunday mornings and Wednesday evenings for approximately 30-40 people.
Ordinance 5860
July 6, 2004
Page 2
HearinQ Date
The Hearing Examiner for the City of Auburn held an open record public hearing
on June 22, 2004.
Testimonv
At the open record public hearing, the following individuals entered testimony
under oath:
1. Sean Martin, City of Auburn Planner
2. Matt Krachunis, Applicant
Exhibits
The following
hearing:
exhibits were admitted to the record at the open record public
1. Exhibit 1 :
2. Exhibit 2:
3. Exhibit 3:
4. Exhibit 4:
5. Exhibit 5:
6. Exhibit 6:
Staff Report
Vicinity Map
Application
Site Plan
Notice of Application
Notice of Public Hearing
Upon consideration of the testimony and exhibits admitted at the open record
hearing, the Hearings Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicants request approval of a Conditional Use Permit to lease a portion
of an existing building in the Light Industrial (M1) zone in order to hold religious
services on Sunday mornings and Wednesday evenings for approximately 30-
40 people. Of the existing 23,644 square foot structure, the Applicants
propose to lease approximately 2,500 square feet at the east end. The existing
building is located at 1602 Pike Street NW and currently serves as
manufacturing, warehousing and vacant office space.1 Exhibit 1, Staff Report,
pages 1-2; Exhibit 3, Application.
1 The building is situated on King County parcel number 030351-0100. Exhibit 1, Staff Report,
page 1,
Ordinance 5860
July 6, 2004
Page 3
2. The proposed lease space formerly served as administrative offices for Aero
Controls, a manufacturer of airplane parts, which has moved its office space to
another building. The remainder of the existing facility will continue to be used
by Aero Controls for its manufacturing and warehousing operations. There are
no loud noises or hazardous fumes on site, as Aero Controls uses the subject
property as a distribution center. Exhibit 1, Staff Report, page 2; Testimony of
Mr. Martin.
3. The Faith and Victory Church is a non-denominational, Christian organization
that was incorporated in January, 2003. It currently holds worship services in
an elementary school. Testimony of Mr. Krachunis.
4. The Applicants have not yet signed a lease, but they intend to lease the space
for a period of 18-24 months. The space could accommodate up to 100 people
in chairs. However, should the congregation grow to more than 100 people,
the lease would end prior to its termination date as the exit doors of the existing
facility would fail to accommodate such a large group. Should the occupancy
for the subject portion of the building exceed one hundred (100) persons, the
City of Auburn Fire Marshall would require additional improvements. Exhibit 1,
Staff Report, page 3; Testimony of Mr. Krachunis.
5. The "day-to-day" administrative functions associated with the religious
institution are not proposed at the subject facility. Exhibit 1, Staff Report, page
2.
6. Surrounding properties are zoned M1. To the north and south, light industrial
uses operate. To the east, the subject property is bordered by the West Valley
Highway right-of-way, beyond which light industrial uses are found. To the
west, the subject property is bordered by the Pike Street NW right-of-way,
beyond which light industrial uses are found. The subject property has access
to both the West Valley Highway and Pike Street NW; no additional access is
required. Exhibit 1, Staff Report, page 2-3.
7. Auburn City Code (ACC) 18.32.040(M) permits religious institutions in the M1
zone within existing facilities only, subject to approval of a CUP. The
Applicants' submit that their proposal is consistent with the requirements for
approval of a CUP. Exhibit 1, Staff Report, page 2; ACC 18. 32. 040(M);
Testimony of Mr. Krachunis.
Ordinance 5860
July 6, 2004
Page 4
8. Pursuant to ACC 18.52.020(E)(3), one parking space per five seats is required
for churches. One seat is equal to seven square feet of the floor area to be
used by movable chairs. The usable space for chairs in the leased area is
approximately 1,200 square feet. The 1,200 square feet of usable floor area to
be occupied by movable chairs is equal to 171.429 chairs. One parking space
is needed for every five seats. Therefore, 35 parking spaces will be required.
The existing building has between 50 and 60 parking spaces, therefore
adequate parking is provided. Exhibit 1, Staff Report, page 2; ACC
18.25.020(E)(1) and (E)(3); Testimony of Mr. Martin.
9. The Applicants propose to erect a sign to designate their institution and
location. No other alterations or improvements to the structure are proposed.
Exhibit 1, Staff Report, page 3; Testimony of Mr. Krachunis.
10.An inspection by Jan Weaver of the City of Auburn's Building Division on May
5, 2004, affirmed that the structure complies with all applicable building codes.
Exhibit 1, Staff Report, page 3.
11. The request is exempt from environmental review under the State
Environmental Policy Act. Exhibit 1, Staff Report, page 1.
12. Notice of the application was given on May 21, 2004, and notice of the public
hearing was given by posting, mailing and publication as required by City of
Auburn code. Exhibit 5, Notice of Application; Exhibit 6, Notice of Public
Hearing.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to hear and decide applications for a
conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW
35.63.130. The Hearing Examiner is also granted authority to place conditions on
the conditional use permit pursuant to ACC 18.64.050.
Criteria for Review
Pursuant to ACC 18.64.040, to approve a conditional use permit, the Hearing
Examiner must find that the proposed use is permitted within the zone, and that:
Ordinance 5860
July 6, 2004
Page 5
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. Among matters to
be considered are traffic flow and control, 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;
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan;
3. The proposal complies with all requirements of this title;
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;
5. The proposal will not adversely affect the public infrastructure;
6. The proposal will not cause or create a public nuisance.
Conclusions Based on Findings
1. The proposed use is permitted within the zone. The property is located in the
M1 zone, which permits religious institutions within existing facilities only,
subject to approval of a CUP. The Applicants propose to lease a portion of an
existing building to hold worship services. Therefore, the Applicants' request is
consistent with the zoning ordinance. Findings of Fact No.1, 7.
2. 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. Among matters to
be considered are traffic flow and control, 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
Ordinance 5860
July 6, 2004
Page 6
manner of operation, and noise, lights, dust, odor, fumes and vibration. The
portion of the building to be leased is a vacant and unused office. The area will
only be used for worship services on Sunday mornings and Wednesday
evenings, for approximately 30-40 people. The area will not be used for
administrative functions associated with the religious institution. Two
thoroughfares (Pike Street NW and the West Valley Highway North) are
accessible from the subject property. Findings of Fact Nos. 1, 2, 5, 6.
3. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan. The Comprehensive Plan designation of "Light
Industrial" is intended to accommodate a wide range of industrial or
commercial uses, as well as uses that support the industrial character. The
religious institution use is supported by the Zoning Code in that it permits
religious institutions to function in the Light Industrial (M1) zone in existing
buildings, with the approval of a CUP. In conjunction with the Zoning Code, the
proposal is consistent with the goals, policies and objectives of the
Comprehensive Plan. Findings of Fact NO.7.
4. The proposal complies with all requirements of this title. The Zoning Code
allows religious institutions when a Conditional Use Permit is issued and
requires the reliance on exiting buildings as a pre-requisite to consideration.
The Applicants propose to use an existing building and the site is in
compliance with the applicable provisions of the Zoning Ordinance, including
the provisions related to on-site parking. Findings of Fact No.7, 8, 10.
5. 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. Since the Applicants will rely on an existing
structure, only slight alterations will be made to the appearance of the building.
The Applicants plan to erect a sign, in order to designate their institution and
location. A sign permit will be required. Findings of Fact NO.9.
6. The proposal will not adversely affect the public infrastructure. There is no
indication that the public infrastructure would be adversely affected by the
proposal. Situated in the Light Industrial zone, those attending religious
services would have access to both Pike Street NW and the West Valley
Highway North. The proposal would not have a significant traffic impact.
Findings of Fact No.1, 6.
Ordinance 5860
July 6, 2004
Page 7
7. The proposal will not cause or create a public nuisance. The building would
only be used during limited hours, for a small group of individuals. This
proposal will not create a public nuisance but will accommodate a religious
organization for a limited time in a suitable location. Findings of Fact NO.1.
DECISION
Based upon the preceding Findings and Conclusions, the request for a Conditional
Use Permit to lease a portion of an existing building in the M1 zone in order to hold
religious services for approximately 30-40 people is GRANTED, with the following
conditions:
1. Occupancy associated with the request is limited to not more than one hundred
(100) persons at anyone time. In the event that occupancy beyond this level is
required, the Applicants shall coordinate with the Building Official and Fire
Marshal to ensure that all applicable Codes are implemented.
2. Use of the leased space in the existing structure shall be limited to the
following times: from 8:00 a.m. to 2:00 p.m. on Sunday, from 7:00 p.m. to 11 :00
p.m. on Wednesdays, and times necessary for incidental uses of the space.
3. A sign permit will be obtained prior to placement of a sign on the subject
property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. Conditional Use Permit. A Conditional Use Permit is hereby
approved to allow the lease of a portion of an existing building in the M1 zone,
located at 1602 Pike Street NW, Auburn, Washington, (Lots 5 & 10, Auburn Park
of Industry, Division 2, according to the plat thereof recorded in volume 114 of
plats, pages 5 and 6, in Auburn, King County, Washington) in order to hold
Ordinance 5860
July 6, 2004
Page 8
religious services for approximately 30-40 people, subject to the following
conditions:
1. Occupancy associated with the request is limited to not more than one
hundred (100) persons at anyone time. In the event that occupancy
beyond this level is required, the Applicants shall coordinate with the
Building Official and Fire Marshal to ensure that all applicable Codes are
implemented.
2. Use of the leased space in the existing structure shall be limited to the
following times: from 8:00 a.m. to 2:00 p.m. on Sunday, from 7:00 p.m. to
11 :00 p.m. on Wednesdays, and times necessary for incidental uses of the
space.
3. A sign permit will be obtained prior to placement of a sign on the subject
property.
Section 2. Severabilitv. 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 3. 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.
Ordinance 5860
July 6, 2004
Page 9
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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:
JUL 1 9 2004
JUL 1 9 Z004
JUL 1 9 2004
PASSED:
APPROVED:
~~~=2
PETER B. LEWIS
MAYOR
ATTEST:
.j)tlI&16!~//L--
Danielle E. Daskam
City Clerk
PUBLISHED:
JUL 2 3 WU4
Ordinance 5860
July 6, 2004
Page 10