HomeMy WebLinkAbout43251
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ORDINANCE NO. 4 3 2 5
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PAOVI"D�dFOR
A CONDITIONAL USE PERMIT TO ALLOW PLACEMENT OF AN ADDITIONAL
TEMPORARY MODULE ASSEMBLY ROOM AND CHANGE THE LOCATION OF TWO
EXISTING MODULES LOCATED ON PROPERTY LOCATED AT 1039 22ND
STREET N.E., WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application Number 37-88, dated October 21,
1988, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by CHAPEL WOOD BAPTIST
CHURCH, requesting a Conditional Use Permit to allow placement
of an additional 40' X 42' temporary module assembly room and
change the location of two existing modules approved under
Temporary Use Permit No. 553-85 located on property located at
1039 22nd Street N.E., within the City of Auburn, Washington,
hereinafter described in'Section 2 of this Ordinance; and
WHEREAS, said request above referred to, 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 December 6, 1988, at 3:00
P.M., at the conclusion of which the Hearing Examiner
recommended approval of the issuance of a Conditional Use
Permit to allow placement of an additional 40' X 42' temporary
module assembly room and change the location of two existing
modules approved under Temporary Use Permit No. 553-85 located
on property at 1039 22nd Street N.E. based upon the following
Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicant, Robert W. Berg, for Chapel Wood Baptist
Church requests a Conditional Use Permit to allow placement of
an additional temporary module assembly room and to change the
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Ordinance No. 4325
Page 1
12/27/88
89/01 /24 #� �339
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location of two existing modules which were approved under
Temporary Use Permit Application No. 553-85.
2. The subject site is located at 1039 22nd Street N.E. and
is currently zoned R-3, Two Family Duplex Residential
District. The Comprehensive Plan designates this site for
moderate density residential uses.
3. In May of 1985 a Conditional Use Permit was approved
which allowed for the construction of the Chapel Wood Baptist
Church. In July of 1985 a Conditional Use Permit was issued
to permit the installation of two modular units for temporary
church office and classroom uses. The applicant now proposes
to relocate the two existing temporary modular units on -site
and to add a third temporary modular unit for church assembly
purposes.
4. The permanent church facility has not been constructed
although all groundwork associated with the permanent church
facility is completed. The applicant anticipates the
commencement of on -site paving soon and the completion of same
prior to the end of the year. The applicant anticipates the
commencement of construction of the permanent church facility
by early 1989 and targets an estimated completion date during
mid 1990.
5. The Auburn Zoning Ordinance requires a new Conditional
Use Permit when a previously approved Conditional Use Permit
is substantially changed as a result of basic design,
coverage, open space or other requirements of an original
permit.
6. In this instance the applicant proposes to relocate the
two existing 27' X 40' modular units and to add a third 40' X
42' modular unit to be utilized as a temporary church assembly
facility.
7. The Auburn Fire Department has recommended that
appropriate fire flows will be required within 150 feet of the
temporary structures and that a minimum fire lane width of 20
feet and vertical emergency clearance of 13 feet 6 inches is
necessary to provide emergency vehicle access. In addition,
the Fire Department has recommended that any required access
longer than 150 feet.must provide a 65 foot diameter circular
turnaround or return loop. The evidence establishes that
these items can be administratively applied through the
building permit process.
8. The Auburn Building Department has indicated that the
modular units as proposed shall have one hour fire rated walls
in their proposed location. In addition the Building
Department has recommended that a.bond be posted for the
removal of the modular units in an amount deemed appropriate
by the Building Department.
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Ordinance No. 4325
Page 2
12/27/88
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9. At the time of the public hearing some confusion was
expressed from the applicant with respect to staff recommended
condition #1 concerning parking space requirements. The
modular units as proposed will not all be fully occupied as
some are designed for classroom uses. Accordingly, some
confusion was expressed relative to exactly how many parking
spaces are required. Staff and the applicant agreed that the
condition relative to parking could be reworded in order to
require that the applicable number of parking spaces be paved
and provided on -site depending on the parking required
pursuant to the number of buildings on the site.
10. The staff report with its recommendation of conditional
approval is incorporated herein by reference as though set
forth in full.
CONCLUSIONS OF LAW
1. The Auburn Zoning Ordinance sets forth a series of
criteria which must be established prior to the time that a
Conditional Use Permit can be granted.
2. The first of these criteria is that the use as proposed
will not have a more adverse effect on the vicinity and its
residents than would any use permitted outright in the
district. The main street which provides access to the site,
22nd Street N.E., is presently constructed to arterial
standards and is adequate to handle traffic to be generated by
the proposal. There are adequate utilities on -site to serve
the proposed use and all utility ground work is completed.
The evidence establishes that parking will be completed by the
end of the year.
3. The applicant must further establish that the proposal
complies with the goals and policies of the Comprehensive
Plan.
4. The applicant must in addition establish that the
proposal complies with all requirements of the Zoning
Ordinance. This criteria is established by the evidence.
5. The applicant must further establish that 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. It
has previously been determined that the proposed permanent
church is harmonious with the character of the general
vicinity of the area. Although the modular structures would
certainly be unacceptable on a permanent basis, they are and
continue to be appropriate on a temporary basis while the
permanent church facility is being constructed. It is
appropriate to guarantee removal of the structures and
restoration of the site to a permanent church complex through
the establishment of a bond as a condition.
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Ordinance No. 4325
Page 3
12/27/88
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6. Finally, the applicant must establish that the proposal
will not adversely affect the public infrastructure. This
criteria is established by the evidence.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this application for a Conditional Use Permit is
approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith approved and
incorporated in this Ordinance.
Section 2. A Conditional Use Permit is hereby approved
to allow placement of an additional 40' X 42' temporary module
assembly room and change the location of two existing modules
approved under Temporary Use Permit No. 553-85 located on
property located at 1039 22nd Street N.E., situate in the City
of Auburn, County of King, State of Washington, and legally
described as follows, to -wit:
The E 162 ft of the N 523 ft and the E 71
ft of the S 155 ft of the foll: Beg at a
pt 1,092 ft E of the SW cor of the N1/2 of
the Wm. Brannan DLC #37 lyg within the NE
1/4 of Sec 7, Twp 21 N, R 5 EWM; th N 00-
19-50 W 678 ft; the E 312 ft; th S 0-19-50
E 678 ft; th W 312 ft to the TPOB; EXCEPT
that por thof for 22nd St. N.E. as
conveyed by Recording numbers 4879838 and
8206090379; ALSO BEING KNOWN as the E 162
ft of the N 523 ft AND the E ft of the S
155 ft of Lot 7 in Maple Grove Tracts
according to the unrecorded plat thof;
situated in City of Auburn, County of
King, State of Washington. Tract 2,
Parcel A and B.
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Ordinance No. 4325
Page 4
12/27/88
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Section 3. The applicant shall provide parking prior to
the occupation of the temporary modular structures in an
amount equivalent to the number of buildings on the site as
calculated pursuant to Auburn's Zoning Ordinance
18.52.020(E)(3) after consideration of the use proposed for
each of the temporary modular units.
Section 4. The proposed modular units shall not be
located or relocated on -site until approved by the Auburn
Building Official and Fire Marshall in accordance with
applicable building and fire code standards.
Section 5. A bond shall be submitted to the City in an
amount equivalent to the cost of removing the modular units,
as required by the Auburn Building Official, prior to locating
or relocating the units on -site. The purpose of the bond
shall be to allow the City's removal of the units in the event
that the units are not removed by the property owner within
the allotted time.
Section 6. The proposed modular units shall be removed
from the site prior to occupancy of the permanent church
structure, or within two years of the date of this approval,
whichever occurs first.
Section 7. 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 8. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
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Ordinance No. 4325
Page 5
12/27/88
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Section 9. This Ordinance shall effect and be in force
five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED: JANUARY 3, 1989
PASSED: JANUARY --3-,-'. 1989
APPROVED: JANUARY 3, 1989
MAYOR
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguerite Schellentrager, City Attorney
Published: JANUARY 9, 1989
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Ordinance No. 4325
Page 6
12/27/88.
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4325 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4325 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 3rd day of January A.D., 1989.
I further certify that said Ordinance No. 4325 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 9th day of January A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this 7th day of March A.D., 1989.
City Clerk of the City of Auburn