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HomeMy WebLinkAbout6108ReturnAddress: III 11111111111111111111111 Auburn City Clerk City of Auburn 25 West Main St. PAGE001 OF 011 ORD 52.00 KINGBCOUNTY, WA5 Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): CONDITIONAL USE PERMIT (ORDINANCE 6108) 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) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Cruze, Kathryn Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 15 through 18, Block 17, French's Addition to the Town of Slaughter ® Additional legal is on page 11of document. Assessor's Property Tax Parcel/Account Number 264800-0610 ? Assessor Tax # not yet assigned a4d c?owrr ena(s) wwe ffied for rsamd by Pacific Nc?thw t TWe as aocomrnodat r,,n only. it i^." not been 3xamk*d ac to proper oxe0ion Or as to fts affect upon title. ORDINANCE NO. 6 1 0 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE INTO PROFESSIONAL OFFICE SUITES FOR A PROPERTY LOCATED AT 105 M STREET NE WITHIN AN R2 SINGLE FAMILY RESIDENTIAL ZONE WHEREAS, Application No. CUP07-0001, dated February 9, 2007 was submitted to the City of Auburn, Washington by Kathryn Cruze, property owner, to allow an addition to and conversion of an existing single family residence into professional office suites for a property located at the northwest corner of M Street NE and 1St Street NE, commonly known as 105 M Street NE; 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 April 11, 2007, and the Hearing Examiner recommended approval of the application on May 2, 2007, subject to certain conditions; and WHEREAS, on May 17, 2007, Henry Severson filed a timely Request for Reconsideration of the Hearing Examiner's decision; and WHEREAS, on June 21, 2007, the Hearing Examiner issued a revised recommendation of approval; and Ordinance No. 6108 July 30, 2007 Page 1 of 9 WHEREAS on August 6, 2007, 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 the addition to and conversion of a single family residence into professional office suites for property located at 105 M Street NE in Auburn Washington based on the following Findings of Fact and Conclusions, to-wit FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Kathryn Cruze. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on April 11, 2007. The hearing was left open for written comment until 5:00 p.m. on April 17, 2007. The applicant had an opportunity for written response until 5:00 p.m. on April 20, 2007. Substantive: 3. Site/Proposal Description. Kathryn Cruze has applied for a Conditional Use Permit to convert an existing single-family residence into 10 professional office suites. The project will involve demolishing a detached garage and detached cottage located on the property, constructing additions onto the existing home, and remodeling the existing residence for professional office use. Off- street parking for nine vehicles will also be provided, as well as on-site fencing and landscaping. The lot is 12,075 feet in area. The total square footage of the building will be 2,351 square feet. The property will be fenced on the western and northern property boundaries. A 7'9" landscaping buffer will be placed along the western property, which adjoins residential uses. A lesser width is proposed on the northern property line, which also adjoins residential use. The staff have also recommended a 6-foot-tall solid wood fence along the western and northern property lines. 4. Characteristics of the Area. The project site fronts a heavily congested arterial in an area predominantly zoned R2 but primarily characterized by Ordinance No. 6108 July 30, 2007 Page 2 of 9 commercial use along M Street. The property is surrounded on three sides by single-family developments and on the south side by a commercial shopping center. In contrast to the commercial development that predominates along M Street, the property to the west is a quiet single-family neighborhood. A church, camera shop, and gas station as well as other commercial uses are all within a couple blocks of the proposed professional office building. 5. Adverse Impacts. Several residential neighbors expressed understandable concern about another conversion in their vicinity from residential to commercial use. The development along M Street Northeast constitutes an uncomfortable mixture of commercial and residential development. As noted in Finding of Fact No. 4 above, the noise and traffic and intensity of land use along M Street is in stark contrast to the quiet residential community to the west located along L Street and beyond. Consequently, the conditional use permitting process is an important land use tool to ensure compatibility amongst these different uses. The staff have succeeded in addressing these impacts within their recommended conditions of approval and negotiated project design features. Mr. Severson and the applicant certainly have very different understandings of the amount of parking that will be necessary for the project. Mr. Severson bases his parking estimates upon use of the building that is difficult to imagine would ever realistically happen. Ms. Cruze bases her opinion upon the clientele of her practice, which could be very different from other types of professionals that would be authorized to use the building. In assessing the parking demand created by the project, the Examiner defers to the legislative determinations made by the City Council in adopting the City's parking standards. ACC 18.52.020(6)(12) requires one parking space per 300 square feet of gross floor area. The nine parking stalls proposed by the applicant exceeds this standard and there is no compelling evidence in the record that this will not adequately meet the demand generated by the users of the office building. Adequate buffering for adjoining residential uses is one of the more important mitigation measures to be addressed in this Conditional Use Permit decision. As noted by staff, if the parcel were zoned for Residential Office, a 10-feet buffer with Type II landscaping would be required between parking and driveways and adjoining residential uses. Staff are a little over a couple of feet short on this buffer width for the western property line but believe they have compensated for this deficiency by substituting a 6-foot solid wooden fence. The Examiner agrees that the accommodation of the fence plus Type II landscaping provides for adequate buffering to the residential uses to the west. The width of the landscaping buffer to the north is significantly less than 10 feet the closer one gets to the western property line. The property to the north, however, is not located within the quiet residential neighborhood that fronts L Street. It fronts Ordinance No. 6108 July 30, 2007 Page 3 of 9 upon the heavily congested M Street and is surrounded by commercial development. Given the noise, lights, and traffic that already impact that property, a landscaped buffer will not make that much difference. For this reason, the buffering in conjunction with the fence proposed for the northern side of the property is adequate mitigation as well. There was also significant concern expressed during the hearing about the clientele that would use the building. Much of the testimony focused upon the clientele of the mental health professional. As commented by Ms. Cruze, her practice does not involve any clientele that would be a danger to the community. Given Ms. Cruze's testimony, it would appear that the clientele of a criminal defense attorney (an authorized use of the proposed building) would be a greater cause for concern than that of a mental health professional. Be that as it may, there is no compelling evidence in the record to establish that a relatively minor number of clients that would frequent the facility would contain more "dangerous" individuals than the large number of people that frequent the neighboring store and other commercial uses along M Street. Further, for constitutional and other legal reasons, the City would have a very difficult time prohibiting persons with a criminal history or drug problems from accessing the building. The clientele of the building will largely be restricted by its authorized use. As noted by staff, the permit is only for a professional office building, which is defined by ACC 18.04.750 as "offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations." In order to prevent any confusion on the matter, the conditions of approval will be clarified to note that approval is only for professional office use. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.64.020(A) grants the Hearing Examiner with the authority to review a request for a Conditional Use Permit and make a recommendation to the City Council. Substantive: 2. Zoning Designation. The property is zoned R2, single-family residential. 3. Review Criteria and Application. Professional office buildings are permitted within an R2 zone if the criteria for a conditional use permit are met. See ACC 18.14.030(H). Chapter 18.64 ACC governs the criteria for a conditional Ordinance No. 6108 July 30, 2007 Page 4 of 9 use permit. Those criteria are quoted below and applied by corresponding conclusions of law. ACC 18.64.O40(A): 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. 4. The primary permitted use in the R2 zone is asingle-family dwelling. See ACC 18.14.020(A). The primary adverse impacts of concern are noise, light and traffic. As discussed in the findings of fact, the landscaping and fencing along the north and west property lines provide adequate mitigation for these types of impacts given the context and location of adjoining residential uses. Parking, according to the Auburn City Code, is adequate by the proposed nine off-site parking stalls. ACC 18.64.O40(B): The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. 5. As noted in the staff report, the Comprehensive Plan map designation for the site is "office residential" which encourages the reservation of areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential uses and more intensive uses and activities. The professional office building proposed by the applicant clearly meets the intent of the Comprehensive Plan. ACC 18.64.O40(C): The proposal complies with all requirements of this title. 6. As noted in the staff report, the proposal meets all the requirements of the R2 zone. ACC 18.64.O40(D): 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. 7. The landscaping and fencing required of the project will play a major role in ensuring compatibility with adjoining uses. Staff have also recommended a condition that requires consistency in design with the existing brick home. Also, the structure will remain one story in height and the total floor area of the expanded structure is consistent with that of a large single-family residence. Ordinance No. 6108 July 30, 2007 Page 5 of 9 ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure. 8. As noted in the staff report, the applicant will be required to install a fire hydrant on site and construct a sidewalk along 1st St. N.E.. This will be made a condition of approval of this application. Further, as testified by staff during the hearing, the streets that serve the project have adequate capacity to meet the increase in traffic demand generated by the project. As further noted in the staff report, the project will be served by sewer and water. ACC 18.64.040(F): The proposal will not cause or create a public nuisance. 9. The site is located in an area by a heavily congested arterial (M Street Northeast) and surrounded by intense commercial uses such as a commercial shopping center, a church, and other smaller commercial facilities. The project does border a quiet residential community to the west, but the screening and relatively low intensity of the proposal prevent any incompatibility that rises to the level of a public nuisance. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit subject to the following conditions: 1. Site development shall occur in substantial conformance with the submitted plans. 2. The proposed building expansion shall blend in with the existing character of the brick home, as determined by the Planning Director. 3. The landscaped areas between the proposed office structure and 1St St. NE and M St. NE shall feature a minimum of 10 feet of Type III landscaping. Efforts shall be made to retain the existing large deciduous tree along 1St St NE. The required sight distance triangle at the intersection of 1St St. NE and M St. NE shall be maintained. 4. The landscaped area surrounding the parking lot and along the northern end of the structure shall be comprised of Type II landscaping. Ordinance No. 6108 July 30, 2007 Page 6 of 9 5. A minimum 6 ft. tall solid wood fence shall be constructed along the western and northern property lines, except that the height shall be reduced to no greater than 42 inches within the required setbacks along 1St St. NE and M St. NE. 6. Future signage shall be limited to one wall sign each facing M St. NE and 1St St. NE, plus no more than one monument sign, indirectly illuminated, and no greater than 6 ft. in height and 32 sq. ft. in area. 7. Use of the project shall be limited to professional office as currently defined by ACC 18.04.750. 8. Prior to occupancy, the applicant shall install a fire hydrant and construct a sidewalk along First Street Northeast as required by applicable development standards. 9. No building permit shall be issued for the project until the applicant acquires an off-street parking agreement for at least nine stalls within 500 feet of the project. Occupancy of the building shall be contingent upon the continued availability of the nine stalls for off-street parking. 10. Any change in the professional office use not in substantial conformity with the type of office use described by the Applicant shall require the Applicant or successor to submit the change to the City Council for review of the conditional use permit and a determination by the City Council as to whether the conditional use permit shall be continued or terminated. 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 to allow to allow an addition to and conversion of an existing single family residence into professional office suites for a property located at the northwest corner of M Street NE and 1St Ordinance No. 6108 July 30, 2007 Page 7 of 9 Street NE, commonly known as 105 M Street NE, and as legally described in Exhibit A attached hereto, 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. 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 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. Ordinance No. 6108 July 30, 2007 Page 8 of 9 INTRODUCED: AUG ' 6 2007 PASSED: ALI(; - ~ 2._gm APPRO a -- _ __` y PETER B. LEWIS MAYOR Attest: r ' Danielle E. Daskam, City Clerk Ordinance No. 6108 July 30, 2007 Page 9 of 9 t~ Published ,~;~ ~ t ~ z-c~c,,1 EXHIBIT "A" Lots 15 through 18, Block 17, French's Addition to the Town of Slaughter, according to plat thereof recorded. in Volume 5 of Plats, Page(s) 53, Records of King County, Washington. Except that portion of Lot 18 condemned for the widening of "M" Street Northeast.