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HomeMy WebLinkAbout6044 ll , I 20080206001836 PACIFIC NW TIT ORD 83.00 Return Address: ez ee0z 0e is?i3 Aubum City Clerk K=Nc couNrY, wa City of Aubum 25 West Main St. . Aubum, WA. 98001 , - RECORDER'S COVER_SHEET Document Title(s) (or transactions contained therein): Conditional Use Permit (Ordinance No._604__4) ~S -70 _1 - - - - - Reference Number(s) of Documents assigned or released: / DAdditional reference #'s on page _ of document ~ U Grantor(s) (Last name first, then fitst name and initials) 1: - Auburn, City of Grantee: (Last name first) 1. Parker; April Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) W'/z of FOLG-BEG AT PT 30.05 FT E OF NW COR OF S'/:OF.NWOF SEOF NE'/4 TH N Additional legaf is on page 12 of the document. Assessor's Properly Tax Parcel/Account Number: „{t~ !wwe tUed for ; 182105-9109 "A«d by PaCific fVprtfyyy~t T~ a , aecommodaiion only. Et ►toc r~ 'Oas ~o iis affect ua~ or ❑ Assessor Tax # not yet assigned UPon title. • ORDINANCE NO. 6 0.4 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITONAL USE PERMIT TO ALLOW A PERSONAL SERVICE SHOP WITHIN AN RO RESIDENTIAL OFFICE ZONE AT 220 M STREET NE, AUBURN, WASHINGTON WHEREAS, Application No. CUP05-0005, dated October 25, 2005, was submitted to the City of Auburn, Washington by April Parker for approval of a Conditional Use Permit to allow a personal service shop within an RO Residential Office Zone at 220 M Street NE in Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing theron, along with staff review; and 1NHEREAS, the Hearing Examiner held a public hearing to consider said . application in the Council Chambers of the Aubum City Hall, on July 18, 2006, and the Hearing Examiner recommended approval of the application on July 25, 2006, subject to certain conditions; and WHEREAS, on August 21, 2006, 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 personal service shop within an RO Residential Office Zone at 220 M Street NE in Aubum, Washington; and : Ordinance No. 6044 . August 16, 2006 Page 1 of 4 : WHEREAS, based upon the review given this Conditional Use Permit application by the Hearing Examiner, the City Council hereby makes and enters ' the following: Hearing Examiner's recommendation for Conditional Use Permit . based upon #he Findings of Fact, Conclusions and Recommendation which are attached hereto as Exhibit "A". , NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 'DO.ORDAIN as follows: Section 1. Aaproval: A Conditional Use Permit is hereby APPROVED to allow for a personal service shop within an RO Residential Dffice Zone at 220 M Streefi- identified on Exhibit "B" attached hereto and incorporated in this Ordinance by reference in. the City of Auburn, State of Washington. 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 remainde,r of :this ordinance, or the validity of its application to other . , persons or circumstances. Ordinance No. 6044 August 16; 2006 Page 2 ofi4 - ' Section 3. Recordinq. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 4. Implementation. The Mayor is hereby authorized to irnplement such administrative procedures as may be necessary to carry ouf the directions of this legislation. Section S. 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: AUG 2 1 2006 AUG 2 1 2006 PASSED: - AUG 2 1 2006 APPROVED: CI N ~ PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6044 August 16; 2006 Page 3 of 4 . - , APP,RO D AS TO FORM: _ - - - _ iel B. He . City Attorney Publication: Ordinance No. 6044 August 16, 2006 Page 4 of 4 BEFORE THE HEARING EXANIINER OF THE CITY OF AUBURN In the Mattet of the Application of ) NO. CUP05-0005 . ~ APPJL AND JERAMEY PARKER ) FINDINGS, CONCLUSIONS, ) AND RECOM1v1ENDATION For a Conditional Use Permit ) SUMMARY OF:RECOMMNDATdON The Hearing Examiner for the City of Auburn recommends to the.Auburn City Council that a , Conditionai Use Permit for the operafion of a day spa within the Residential Office zoning , district be APPROVED, subjeci to conditions. SUMMARY OF RECORD Reauests: April and Jeramey Parker (Applicants) requested a Conditional Use Permit (CUP) for operation . of a day spa on property _located at220 M Street NE in Auburn, Washington. Hearing Date: The Hearing Examiner for the City of Auburn held an open record public hearing on ]uly 18, Zoos. Testimonv: The following individuals presented testimony under oath at the open record public heazing: 1. Stacy Borlarid, City of Auburn Planrier 2. April Parker, Owner/Applicant . Exhibits: `The following exhibits were admitted at the open record public hearing: Exhibit l StaffReport, dated Ju1y 13, 2006 Exlubit 2 Site Plan received October 25, 2005 Exhibit 2a Pazcel.Map Exhibit 3 Conditional Use Permit and Rezone Application, received October 25, 2006 Exhibit 4 Notice of Agplica6on, no date Exhibit 5/5a Notice of Public Hearing,.no date Exhibit 6/6a Affidavit of Posting dated "and posted July 7, 2006 UHIBff. ~ Exhibit 7 Affidavit of Mailing, no date, mailed July 7, 2006 Parker Day Spa CUP 05-0005 City of Auburn Hearing Ezaminer Findings, Conclusion, and Recomirrendqtion Page 1 of 6 Exhibit 8/8a Confumation of Publication of Legal Notice.dated July 5, 2006 Eachibit 9 Aerial photograph, no date Exhibit 10 Comment Letter from Henry E. Severson dated December 21, 2005 Exhibit 11 Comment Letter from. Walter E. Russell received December 23, 2005 Exhibit 12 Letter from Paul Krauss, City ofAuburn; to Henry E. Severson dated January 10, 2006 Exhibit 13 Letter from Paul Krauss, City of Auburn, to Walter Russell dated January 10, 2006 Exhibit 14 Comment Letter fr om Henry E. Severson dated January 26, 2006 Exhibit 15 , Letter from Paul Krauss, City of Auburn, to Henry E. Severson dated February 15, 2006 Exhibit 16 City Department Comment Sheet, no date, last revision June 7, 2006 Exhibit 17 Geotechnical Regort by Jason Engineering and Consulting Business, Inc. da.ted - May 20, 2006 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters tlie following Findings and Conclusions; FINDINGS 1. The Applicants request approval of a CUP for the. operation of a day spa - including the provision of massage, manicure, pedicure, and skin care services = at 220 M Strcet NE in Auburn, Washington. The subject property is approximately 0.23 acres in azm and is identified by King County Tax parcel No. 182.1059109. Ezhibit 1, pages 1-2; Exhibit 2cr, Exhibit 3, pages 1 and 5; Testimorry ofApril Parker. 2. The subject property currently is currently developed as a single.family residence; the same structure would accommodate the new use. Additional paved parking would be provided on the east portion of the parcel, be}und`tlie existing structure. The new impervious surface area would drain to an ori-site infilhation system. Exhibit 1, pages l; Z, and S; Ekhibit 3, page S; Exhibit 17. 3. The subject. property is presentiy zoned Single Family Residential (R2) but in.Auburn's Comprehensive Plan it is designated as Office Residential and the app7icants have submitted a concutrerrt request to rezone the progerty to Residential Office (RO). Exhibit I, page 1; Exhibit 3, page 1. 4. The RO zone is .intended to accommodate business and .professional offices, medical and. ~ dental clinics, banks and similar financial institutions at locations where . they are compatible with residential uses. Sorrie retail and personal services may be permitted if supplemental to the other uses allowed in the zone: This wne is intended foi those areas that aze in transifion from residential to commercial yses along arterials. The City of Aubum Comprehensive Parker Day Spa CUP 03-0005 City of Auburn Hearing Fsaminer Findings, Conclusion, and Recommendation Page 2 of 6 1 Transportation Plan classifies M Street NE as a principa] arterial. Auburn City Code (ACCJ T 8.22. 010. . Exhibit 1 page, 3. 5. Zoning and use of surrounding parcels is compatible with the proposed use of the subject . parcel. The area is residential, transitioning towazds business. The pazcel to the north of the subject parcel is already zoned RO and used for business purposes. Addi6onal, nearby - parcels along M Street NE, Harvey Road, and East Main Street aze also used for business. Exhibit 1; pages 4 and b,- Exhibit 3, page2. . ' . 6. The traffic impacts of the proposed use do not require a traffic unpact study. The Applicants - hope to eventually employ 5-6 staffmembers. Clients are,expected to be present in a one-to- ' one iatio with staff members. The Applicant cuirently plans to schedule 15 minutes between the endi.ng of one client's appointment and the start of the next; she expects this spacing will ease tra.ffc burdens as one client will leave before another, arrives. Exhibit 1, page 6,• Testimofiy ofApril Parker. 7. Off,: street parking requirements are set out in ACC 18.52. ACG 18.52.020(A)(3) requires one off street parking space for every400 square feet of gross floor ama. Parking spaces must meet the dimensional standards set forth in ACC 18.52.090. The Applicants have proposed six paved off-street parking spaces for the 1,540 square foot buiIding. The_Applicants' proposal would satisfy the-off street parking requirements of ;the zoning- district. Exhibit 1, - page 3; Fxhibit 17; Testimorry of Stacy Borland 8. Review of the proposal by other city departments, including Public Works, deternuned that the public infrastructures (sewer and water) would not be affected by the proposal so long as the plan is implemented as presented and recommended conditions are followed. The site plan introduced as Exhibit 2 is no longer current; the appropriate site plan for this project is attached to Exhibit 17: The site plan attached to Exhibit 17 improperiy mazks south as north, the direction should be reversed. Ezhibit 1, page 6; Exhibit 16; Testimorry of Stacy Borland. 9. ACC 18.50.020(B) requires landscaping be updated in conjunction with a change of use in an RO distcict. To, the grea.test extent possible, the applicants are required to comply with the buffer distances set forth in the code. In an RO district, ACC 18.50.050(C) requires 10 feet of Type III landscaping betvveen the street frontage and the structure. Additionally, the code requires 10 feet of Type III landscaping as a buffer between any adjacent RR, RS, Rl, R2, and R3 zones. Pazking or driveways near those zories reqtiire 10 feet of Type II landscaping. While the proposed layout will.lazgely accommodate these requirements, for at least 30 feet along the southern-boundary the hoiise prevents a buffer zone of lazger than 6 feet. Exhibit 1, page 6,- Exhibit 17,• Testimorry of Stacy Borland 10. The City determined that due to the small size ofihe proposal, the proposal falls below the threshold for environmental review under Washington'S State Environmental Policy Act (SEPA), RCW 43.21C. Exhibit page 4; WAG 197-11-800. Parker Dcry Spa CUP 05-0005 City ojAuburn Kearing Esaininer Findings; Conclusion, and Recommendatron Page 3 of 6 . , 11. Proper notice of both the application and the hearing for this request was given by the City of Auburn. Exhibits S, 6, 7. CONCLUSIONS Jurisdiction . The Hearing Examiner is granted jurisdiction to hear and make a recommendation to the Auburn City.Council on an applicafion for a Conditional Use Eermit pursuant to ACC' 18.64.020(A) and _ 18,66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use pernut pursuant to ACC 18.64.050. Criteria for Review Auburn CityCode 1844.040 provides criteria. for `review for CUP applications. A CUP application.shall only be approved if the Applicant can demonstrate that: , The use will have no more adverse effect on the health, safety, or comfort of persons ' living or worling in the area and vvill be no more injurious, economically ar otherwise, to property or"improvements in the surrounding are than would any use generally permitted in the district. 2• The ProPosal is in accordance with the, goals, policies, and objectives of the Comprehensive Plan. 3. The proposai complies with, all requirements of ACG Title 18. 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 proposa] will not adversely affect the public infrastructure. 6. The proposa] will not cause or create a public nuisance. Gonclusions Based on Findin s l. The use will have no more adverse effect on the health, safety, or comfort of persons living or worldng in the area and will be no more injurious, economically or otherwise, to property or improvements ia the surrounding area than would auy use generally permitted in the district. The proposed day spa willbe locabed on a principal arterial near residences and ottier businesses. The day spa will occupy the existing building and will provide on=site parking. A personal service business, such as a day spa, is a permitted use within the RO zone upon issuance of a CUP. Findi ngs 1, 2, S, and 7,- ACC 18:22.030(A)(3). Parker Day Spa CUP 05-0005 City of Auburn Nearing Examiner • Findings, Conclusion, and:Recommendation . Page 4 oJ6 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan._ The proposed use is cons istentwith the City's Comprehensive Plan land use designation for ttie site - Office Residential. The goals, objectives, and policies of the Comprefiensive Plan are supported by the proposal. Findings 3, 4, and S. 3. The proposal complies with all requirements of ACC Title 18. Required landscaping and gazking are in compliance with ACC 18.50 and 18.52.. The other aspects of site and structure will remain unchanged. Findings 1, 2, 7, 8, and 9. 4• Tlie proposal can be constructed and maintained so as to be 6armonious and " appropriate in design, character, and appearance with the eaisting or intended character of the general vicinity. The change in use will not change.make significant changes to the design, character; or appearance of the site since the current structure will be retained. The parking will be in the rear and appropriate landsca.ping will, be provided . to maintain the area's character. The area is mazked in.Auburn's Comprehensive Plan as Office Residential.and is in transition from single familyresidential. Findings 2, 3, S, 7, _ and 9 5. The proposal will not adversely affect the public infrastracture. Conditions of approval would provide for development of private storm drainage facilities to manage stormwater quantity and water quality impacts. The additional trips created by the change - of use willnot adversely impact fraffic in the area Findings 6 and 8. 6. The proposal will not canse or create a public nuisance. No concerns were presented at hearing or through exhibits that approval would cause or create a public nuisance. The Applicants propose to use the site for a small business use in an area surrounded by residential and business uses. Findings 2, S, and 6 RECOMIIWNDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recomnlends that the Auburn City Council AppROVE the ApplicanYs request for a Condi6onal Use Permit to operate a day spa on property located at 220 M Street NE in Aubum, Washington, subject to the following conditions: 1. Approval of this application is contingent upon prior approval by the City Council of the request to rezone the prbperty from Single Family Residential (R2) to Residential Off ce (R0)• 2. The Applicants shall follow through with all drainage and parking plans laid out in Exhibit 17. The parking layout shall satisfy all the dimensionai requirements established in ACC 18.52.090. Parker Day Spa CUP 05-0005 City of Auburn Hearing Fxairriner Findings, Conclusion, and Recommendation Page 5 of 6 . ~ 3. A, landscaping plan shall be submitted to the Auburn Rermit Center that demonstrates compliance with landscaping requirements, to the maximum extent possible. REGOMMENDED this 2-5 day of July 2006. ; -~Theodore Paul. HHearing Examiner ~ Parker Day Spa CUP 05-0005 City of.9uburn Hearing Examiner ` Findings, Conclusion, and Recommendation Page 6 of 6 ~ • • , . . EXHIBIT B LEGAL DESCRIPTION OE PROPERTY 182105 109 W%Z OF FOLG-BEG AT PT. 30.05 FT E OF NW COR OF S%z OF NW %4 ' OF SE I%a OF NE %a TH N$6-53-34 E 298.08 FT TH S 00-20-00 E 75 FT TH S 86-53-34 W 298.75 FT TH N 00-10-59 E 75 FT TO BEG LESS POR FOR ST.