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HomeMy WebLinkAbout5962 1111 111I III IIU 1111 III I 20051212002506 PACIFIC N~ TIT ORD 41.00 PAGE001 OF 010 12/12/2005 15:48 KING COUNTY. ~A Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance No. 5962) B - \NU~O . Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Rossi, Albert Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 4, Block A of the Condict Plat of to Auburn Less St (AKA 337 4th St NE, Auburn, WA) 173580-0020 Assessor's Property Tax Parcel/Account Number: 1M ., 1M Mfeot l'.IpOfl titl~. o Assessor Tax # not yet assigned ORDINANCE NO.5 9 6 2 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PROFESSIONAL OFFICE WITHIN AN R4 MULTIPLE-FAMILY RESIDENTIAL ZONE AT 337 4TH STREET NE, AUBURN, WASHINGTON WHEREAS, Application No CUP05-0003, dated July 22, 2005, was submitted to the City of Auburn, Washington, by Albert Rossi for approval of a Conditional Use Permit to allow a professional office within an R4 multiple-family residential zone at 337 4th Street NE in 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 September 20, 2005, and the Hearing Examiner recommended approval of the application on October 6, 2005, subject to certain conditions; and WHEREAS, on November 7, 2005, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a Conditional Use Permit (CUP) to allow a professional office within an R4 multiple-family residential zone at 337 4th Street NE in Auburn, Washington based upon the following Findings of Fact and Conclusions, to-wit Ordinance No. 5962 November 2, 2005 Page 1 of 8 FINDINGS 1. The Applicant requests approval of a CUP to allow a professional law office within an existing single-family home. The subject property is located at 337 4th Street NE in Auburn, Washington. Exhibit 1, page 2; Exhibit 3, page 5; Exhibit 10. 2. The subject site, zoned R4 Multiple-Family Residential, is rectangular in shape, and is approximately 5,250 square feet in area. For professional offices to be located in an R4 zone, a conditional use permit is required. Exhibit 1, pages 2-3; ACC 18.18.020. 3. Pursuant to ACC 18.18.020, the purpose of the R4 zone is "to provide for multiple-family residential development and is further intended as a residential district of single, duplex, and multiple-family residencies, except as specifically provided elsewhere in this chapter." Surrounding land uses include single-family homes to the north, south, and east of the subject site. To the west of the subject site is a private school. All of the surrounding properties are zoned R4. The comprehensive plan designates the subject site as High Density Residential. Exhibit 1, pages 2-3; Exhibit 3, page 5; ACC 18.18.020; Testimony of Ms. Bor/and. 4. The Auburn Comprehensive Plan designates the subject site as High Density Residential. This designation is intended to "provide an opportunity for the location of the most economical forms of housing in areas appropriately situated for such uses under the policies of this plan. Compatible uses are similar to those identified under the other residential categories, except higher intensities of use may be appropriate." The R4 zoning district is a district that can implement the High Density Residential designation. The plan states that some professional offices are permitted as conditional uses in the R4 zone. Exhibit 1, page 5; Auburn Comprehensive Plan, page 14-7; Testimony of Ms. Bor/and. 5. A mix of multiple-family and single-family housing, schools and associated administrative buildings, and small commercial uses near Auburn Way North are located along the stretch of 4th Street NE near the subject property. The R4 zone extends west of the property near the east side of Auburn Way North where the C1 Light Commercial zone begins. 4th Street NE is a Non-Residential Collector Arterial and Auburn Way North is a Principal Arterial. Auburn Way North is less than one block from the subject site. The intersection of 4th Street NE and Auburn Way North is signalized. Exhibit 1, pages 2- 4; Exhibit 2. 6. The subject site is currently accessed through two driveways fronting 4th Street NE and through an alley at the rear of the property. The City desires to close Ordinance No. 5962 November 2, 2005 Page 2 of 8 one the western driveway fronting 4th Street and proposes that the new office would be accessed through the rear alley and the eastern driveway. The Applicant agreed with the proposal. Exhibit 1, page 5; Exhibit 2; Exhibit 10. 7. The proposed project would remove an existing shed and planting area and replace them with five new paved asphalt parking spaces at the rear of the property, including one disabled parking space. The parking area would have to comply with ACC 18.52. The construction of the paved parking area would increase impervious surfaces and could increase stormwater runoff. The Applicant has proposed to construct a new catchbasin and drain in the parking area to manage stormwater. The City submitted that it believes there is adequate room on the small site to accommodate the increased stormwater, but would place conditions to ensure the proposed project maintain stormwater facilities. Exhibit 1, pages 1, 4-5; Exhibit 10; Testimony of Mr. Keimig. 8. The proposed project would include a wheelchair-accessible ramp at both the rear and front entries. The front ramp would encroach five feet into the required 20-foot front yard setback. This encroachment is permitted under ACC 18.48.070(A)(2)(a). The City determined the proposed project would meet all zoning code standards regarding setbacks and parking. Exhibit 1, page 4; Exhibit 10; ACC 18.48.070(A)(2)(a). 9. Pursuant to ACC 18.50.050(B)(1), the proposed project must provide a five-foot wide street frontage landscaping buffer. The project is proposed to comply with this standard by landscaping along the frontage of 4th Street NE. The site is already screened from the neighbor to the west by existing evergreen shrubs. Exhibit 1, pages 3, 5; Exhibit 10; ACC 18. 50. 050(B)(1). 10. The Applicant submitted that hours of operation for the proposed professional office would primarily be during normal daytime business hours. The City stated that traffic associated with the use would not have an adverse im~act on the surrounding neighborhood as it is located near the intersection of 4 h Street NE and Auburn Way North. The Applicant submitted a statement signed by a list of nearby residents that states they do not object to the proposed use. Exhibit 1, pages 3, 5; Exhibit 9. 11. The Applicant proposes to place a business sign on the property. Any sign would have to comply with the standards of ACC 18.56. Exhibit 10. 12. The proposed development falls below the SEPA categorical exemption thresholds; therefore, a SEPA checklist and determination were not required. Exhibit 1, page 3.. Ordinance No. 5962 November 2, 2005 Page 3 of 8 13. The City provided proper notice of the September 20, 2005 public hearing. No public comments were submitted. Testimony of Ms. Borland; Exhibits 4-7.. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on 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 recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 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; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of Title 18 (Zoning); 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; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on FindinQs 1. The proposed use is permitted within the zone. Professional offices are permitted in the R4 zoning district upon CUP approval. Finding of Fact NO.2. 2. With conditions of approval, a professional office would have no more adverse effect on property or improvements in the vicinity and would be no more injurious, economically or otherwise, than any use generally permitted in the R4 district. The proposed professional offices would be Ordinance No. 5962 November 2, 2005 Page 4 of 8 compatible with residential uses in the R4 district. The use would not adversely impact traffic and the office would be open primarily during normal daytime hours. The proposed project would construct four parking spaces, so parking would not be adversely affected. Landscaping would buffer the use from the street. Conditions of approval for storm water performance standards would ensure no adverse impacts. Findings of Fact Nos. 2, 3, 5, 7, 9, 10. 3. The use is in accordance with the goals and policies of the Comprehensive Plan. The High Density Residential designation may be implemented by the R4 zone. The R4 zone allows professional offices with a Conditional Use Permit. Comprehensive plan Policy LU-43 allows limited commercial uses in a residential zone when landscaping and design features can be used to minimize impacts on surrounding areas and the site is: "along the border of residential neighborhoods, or in specific areas where site specific concerns may limit the use of the site for residential purposes, or along arterials transecting residential neighborhoods." The proposed project site is near Auburn Way North, a principal arterial, and on 4th Street NE, a non-residential collector arterial. The proposed project complies with Policy LU-43. Findings of Fact Nos. 4, 6. 4. With conditions, the proposed project complies with all requirements of the Zoning Code. The proposed project complies with the R4 zoning district. The constructed parking would have to comply with ACC 18.52. The wheelchair- accessible ramp would encroach five feet into the 20-foot front yard setback. However, ACC 18.48.070(A)(2)(a) states that uncovered porches and platforms not above the first floor may encroach at least six feet into the front yard setback. Therefore, the ramp would comply with the zoning code. Conditions of approval would ensure that the final landscaping and wastewater management plans satisfy code requirements applicable to the R4 district. Findings of Fact Nos. 2, 3, 7 through 11. 5. The professional offices 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. There would be no changes to the building except the wheelchair-accessible ramps. Parking would be at the rear of the building. Existing and constructed landscaping would screen the proposed use from the street and from neighbors. Any signs would have to comply with ACC 18.56. Findings of Fact Nos. 2, 3, 7 through 11. 6. As conditioned, the use will not adversely affect the public infrastructure. A condition of approval will ensure that all runoff created by the new impervious surfaces is adequately captured in a new storm water drain. Traffic will not be adversely affected by the proposed use. Adequate off-street parking will be provided. Findings of Fact Nos. 5, 7, 10, 11. Ordinance No. 5962 November 2,2005 Page 5 of 8 7. As conditioned, the use will not cause or create a public nuisance. Traffic would not be adversely affected by the proposed use. The hours of operation would primarily be during normal business hours. Conditions of approval will ensure that storm water runoff is adequately drained. Constructed and existing landscaping will screen the use from view of the street and neighbors. Any business signs would have to comply with ACC 18.56. Findings of Fact No.7, 9, 10, 11. RECOMMENDA TION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the request for a CUP to allow a professional office in a single-family home within a R4 multiple-family residential zone at 337 4th Street NE should be APPROVED, subject to the following conditions: 1. The Applicant shall provide an operations and maintenance program for all storm water facilities including, but not limited to, conveyance, storage, and treatment facilities. This program shall include procedures and a schedule for maintaining all storm water facilities and shall indicate the party or parties responsible for said maintenance. This program shall also include an agreement signed by the property owners utilizing the storm water facilities that they agree to abide by the operations and maintenance program. This agreement and program shall attach, bind to, and run with the titles of the properties that utilize the storm water facilities. 2. Drainage facilities shall be constructed to adequately mitigate the impacts from new impervious surfaces including water quantity and qualities impacts. Drainage facilities must meet City of Auburn performance standards. 3. The western driveway along 4th Street NE shall be closed, and the cut curb replaced with continuous curb, gutter, and sidewalk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit to allow a professional office within an R4 multiple-family residential zone at 337 4th Ordinance No. 5962 November 2,2005 Page 6 of 8 Street NE in Auburn, Washington, and as legally described in Exhibit A attached hereto, is approved subject to the conditions as outlined above. Section 2. 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 3. Recordina. 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 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. NOV - 7 2005 INTRODUCED: PASSED: ~ APPR PETER B. LEWIS MAYOR Ordinance No. 5962 November 2,2005 Page 7 of 8 Attest: /Lii,(d gi1J~ Danlelle E. Daskam, City Clerk D ity Attorney '\. ~ ".....~ Published 11-/1- t;L% S Ordinance No. 5962 November 2,2005 Page 8 of 8 ORDINANCE NO. 5962 EXHIBIT A LOT 4, BLOCK A OF THE CONDICT PLAT OF TO AUBURN LESS ST