HomeMy WebLinkAboutItem VII-Aa CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Aqenda Subject: Public Hearing Application No. CUP03-0002
Department: Planning I Attachments: Vicinity Map, Plot Plan,
Administrative Recommendation:
IDate: June 12, 2003
IBudqet Impact:
Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the
Findings of Fact, Conclusions and Conditions as outlined.
Background Summary:
REPORT OF FACTS:
OWNER/APPLICANT:
REQUEST: ·
LOCATION:
EXISTING ZONING:
Rupert Engineering on behalf of Hans Peter Brandt
Conditional Use Permit to allow construction of an additional 3,440 square-
foot duplex on .91 acre lot with four existing duplexes.
9xx 24th Street NE
R3 - Two-Family (Duplex) Residential
EXISTING LAND USE
Four existing duplexes, proposal is to add fifth duplex on the southern portion
of the property.
COMPREHENSIVE
PLAN DESIGNATION:
SEPA STATUS:
Moderate Density Residential
A Determination of Non Significance was issued June 5, 2003.
ZONING AND LAND USE DATA IN THE VICINITY:
Existin,q Zoning
North P1
South R3
East R3
West R4
Existin,q Land Use
Cascade Middle School
Single Family
Assisted Living
Multiple Family Residential
Comprehensive Land Use
Plan Desi,qnation
Public Use
Moderate Density Residential
Moderate Density Residential
High Density Residential
Reviewed by Council Committees & Commissions:
Arts Commission Council Committees:
Hearing Examiner Finance
Human Resources Municipal Services
Library Board ~ Planning & CD
Park Board Public Works
Planning Commission.
Other
Approved:
Call for Hearing:
Committee Approval: Yes No
Reviewed by Departments & Divisions:
~ Airport x M&O
x Building Mayor
~ Cemetery Parks
Finance .Personnel
x Fire x Planning
x Legal x Police
Library x Public Works
J Tabled
J Referred to: Until:
Until:
Staff: Aird
JMeeting Date:
June 17, 2003
JPage:
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subiect: Public Hearing - Application No. CUP03-0002
IDate: June 12, 2003
Background Summary (cont'd):
FINDINGS OF FACT:
The Property Owner has applied for a conditional use permit that would allow a duplex on the
southern portion of a 0.91 acre property with four existing duplexes. The property approximately is
currently zoned R3 - Two-Family (Duplex) Residential.
The R3 - Two-Family (Duplex) Residential zone, under the provisions of Section 18.16.030(G) of the
Auburn City Code, allows for more than one duplex per lot if a conditional use permit is issued, and
provided that 3,600 square feet of lot area is provided for each dwelling unit. Ten duplexes on this lot
would equal about 3,960 square feet per dwelling unit.
3. The applicant has indicated that the proposed project will include construction of an approximate
3,440 square foot, two-story duplex. Each unit is proposed to include a two-car garage and driveway.
4. The contents of the case file, CUP03-0002, for this project are hereby incorporated by reference and
made part of the record of this hearing.
In accordance with Auburn City Code Section 18.64.060, the conditional use permit shall be
implemented within two years of the approval. If a building permit or occupancy permit has not been
issued within the two-year period then the conditional use permit shall be null and void.
CONCLUSIONS:
Staff has concluded that the conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance,
subject to Conditions, below.
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.
It is not anticipated that the use will have any more adverse effects than an outright
permitted use since as a two-family dwelling unit are already.permitted and constructed in
the neighborhood. The lot is large and exceeds the required per-dwelling lot size. The
immediate area supports a mixture of single-family, multi-family, and non-residential uses.
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
The Comprehensive Land Use Plan designation for the area is "moderate density residential."
Policy LU-34 states that moderate density units shall be encouraged as a buffer between
single family areas and more intense uses. The site in question is located between additional
property to the east that is zoned R3 and multiple-family uses to the west.
3. The proposal complies with all requirements of the Zoning Ordinance.
IStaff: Aird I Meeting Date: June 17, 2003
Page: 2
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
IA.qenda Subiect: Public Hearing-Application No. CUP03-0002 Date: June 12, 2003
The proposal complies or is capable of complying with the Zoning Ordinance. The proposal,
as submitted, meets the requirements of the Zoning Ordinance with respect to lot size,
required setbacks, lot coverage, and required parking.
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.
The proposed structure will comply with all current regulations for building permits. The
proposal will also comply with requirements for landscaping and screening, set forth in the
Zoning Ordinance, and building design, to ensure compatibility with surrounding uses.
5. The proposal will not adversely affect the public infrastructure.
There is no indication that public infrastructure would be affected by the proposal. The
applicant will be required to extend and construct the appropriate city utilities in
accordance with current City of Auburn Standards.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends
that the Hearing Examiner recommend to the City Council approval of the conditional use permit.
HEV~PP\STRC03-2
IStaff:
Aird
Meeting Date: June 17, 2003
IPage: 3
C3
~6TH ST NE
PI
LOCATION
PI
LF
RMHP
APPLICATION NO.:
APPLICANT:
REQUEST:
LOCATION:
CUP03 -0002
Peter Brandt
Conditional use permit to allow the construction of 3,400 sq.fi, duplex with garages
9XX 24th Street NE
CITY OF ~ *
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street · Auburn WA 98001-4998 · www.ci.aubum.wa.us, 253-931-3000
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP03-0013
DESCRIPTION OF PROPOSAL: Conditional Use Permit to allow construction of an additional 3,440
square-foot duplex on .91 acre lot with four existin.q duplexes.
PROPONENT: Rupert En,qineerin,q on behalf of Hans Peter Brandt
LOCATION: 9xx 24th Street NE
LEAD AGENCY: City of Auburn
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment. An environmental impact statement (ELS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency. This information is available to the public on request.
This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from
the dated issued below. Comments must be submitted by 5:00 P.M. on June 19, 2003.
RESPONSIBLE OFFICIAL: Paul Krauss, AICP
POSITION/TITLE: Director of the Department of
Planning & Community Development
ADDRESS: 25 West Main Street
Auburn, Washington 98001 //
(253) 931-3090 /./~ /~ //
DATE ISSUED: June 5, 2003 SIGNATURE: /~/)/_,~_~,.,~_,._....-~-"
Note: This determination does not constitute approval of the proposal. Approval of the proposal
can only be made by the legislative or administrative body vested with that authority. The
proposal will be required to meet all applicable regulations.
Conditional Use Permit for Heari~' ~xaminer - Page 5
CONDITIONAL USE PERMIT
APPLICANT'S NAME
APPLICATION NUMBER
Zone Existing:
Area Code: Requt~t:
Scheduled Public Hearing: ¢ 1~'03 Date Retch,, ed:
) Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH
THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my (our)
names(s) hereby petition for a Conditional Use Permit for the following use:
(Please attach a 1/2 (typed) page explaining your proposed use.)
Ae
How is the property involved in this application more suitable for the Conditional
Use Permit than those uses permitted outright in the present zoning classification?
The property involved in this application is more suitable for the Conditional Use
because it meets all the development standards of the City but because of the size of the
property is must be developed under a conditional use application. This will allow for
proper urban in-as intended in the Comprehensive Plan.
APPLVCUP-APPL
Rev. 10/27/98
Conditional Use permit for Heating Examiner - Page 6
Bo
Why is this Conditional Use Permit compatible with the other existing uses in the
neighborhood?
This Conditional Use Permit is compatible with the other existing uses in the neighborhood
because the neighborhood is made up almost exclusively of duplex and triplex type
structures of moderate density residential housing. A new assisted living facility is
currently under construction directly to the east, and a Junior High school is located just to
the north of the property, under consideration. The neighborhood is also served by several
Multi-Family residential buildings. These uses make the proposed property ideal for this
type of use.
Ce
Why is this Conditional Use Permit compatible with the existing zoning in the area?
This CUP is compatible with the existing zoning because the current zoning allows for and
is meant to provide for this type of use and residential housing on the property. The
Comprehensive Plan under Criteria recommends using these type properties for urban in-fill
areas since they are not appropriate for Single Family.
D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area?
This type of use is consistent with the Comprehensive Plan for the area because the CP
intended this area to be Moderate Density Residential Housing such as proposed in this
application. This property would not be appropriate for single family and not capable of
higher density uses.
APPL\~CuP-APPL
Rev. 10/27/98
Conditional Use Permit for Hearing..,xaminer - Page 7
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE
LEGAL DESCRIPTION AND INDICATES THE.' PROPERTY OWNED BY EACH
APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READAND ._
UNDERSTOOD '~HE~'-C~0NTENTS OF T, mS A~PLICATION AND ITS
ATTACHMENTS .': t .:._
PARCEL
NUMBER
NAME, ADDRESS AND PHONE NUMBER
(Please Print)
DESIGNATED CONTACT PERSON:
Address: 7qrY, gTr'd
e[~st No~ ~ ~ si~ en~ ~s~ ~cco~~ ~ms ~e[IC~ION.
APPL\^CUP-APPL
Rev. 10/27/98
Description of Project:
The project will consist of a'~=2~ square foot two story duplex Including two, 2-car
attached garages on a 0.91 acre site. The building will provide two middle income
housing units and would not eliminate any existing housing already on the site.
The site is approximately 39,000 square feet and there are currently 4 existing duplex
type residential buildings serving eight moderate income families. The new structure will
exceed the general appearance of the existing housing in the neighborhood.
The structure, its driveway, decks and sidewalks will cover only 50% of the property.
L r AL DESCRIPTION
'l'l;dl,; WEST 64.245 FEET OF THE SOIlTH 210 FI£ET OF TIlE
N{~RTI! 240 I/EET OF TIIAT CERTAIN PARCEI~ ()F I,ANI}
$1TIJA'l'l~; IN TIlE WII.I.iAM AND EIAZAItETII BRANNON
I}~ ~NA'I'H}N CI,AIM NO. 37 IN SE{TI'IONS 6 AND 7, TOWNSiIIP
2! NORTII, RANGE fi EAST, Wll ,I,AME'I'I'E MERII)IAN, IN
KING COUNTY, WASIIINGTON, I}ESCRIBED AS FOIA~OWS:
B~;;GINNING AT A POINT 1092 FEET EAST OF A STONE AT
'l'i~E SOUTHWEST CORNER OF TilE NOR'FI I IIAI,F OF Tile
WMA,IAM BRANNON DONATION CI,AIM NO. 37 AND
RUNNING TllENCE NORTH 00°19'50'' WEST 678 FEET;
T~tENCE WEST 312 FEET; TllENCE SOUTll 00°19~$0" EAST
678 VEET; THENCE EAST 312 FEET TO Tile P(HNT OF
BEGINNING.
PA RC'EI~ B:
'1'; I E WEST 128.49 FEET OF TIlE NORTII 339 FEET ()V TIIAT
C~;I~ITAIN PARCEl, OF LAND SITUA'I'EI) IN TI IE WIIAAAM
AND EIJZABETit BRANNON I)ONATION CI,AIM NO. 37 IN
S~,;C'I'IONS § AND 7, TOWNSIIlP 21 NORI'H,. RANGE 5 EAST,
WIIJ,AME'I'¥E MERIDIAN, IN KING COUNTY, WASIIINGTON,
DESCRIBED AS FOL1,OWS: BEGINNING AT A POINT 1092
FI~;I,;T EAST OF A STONE AT TllE SOUTIIWEST CORNER OF
TIlE NORTll ItAI,F OF TllE WlIAAAM BRANNON I)ONATION
l.AND CLAIM NO. 37 AND RUNNING TllENCE N¢)RTll
00°19'50" WEST 678 FEET; TllENCE WES'I' 312 FEET; Tll ENCE
S{)l/'l'll 00°19'$0'' EAST 678 FEET; TllENCE EAST 312 FEET TO
'l HE POINT OF BEGINNING; EXCEPT TIlE NORTll 240 FEET
'i 'l I E REOF.
x, SE M()NUMI';NT
~,; OF 22NI) S'I'RI';ET NE
I/2 BRANNON I)L(~
I:-ARClC. I, C:
TIlE EAST 64.245 FEET OF TIlE WEST 128.49 FEET I)F TIlE
S¢)IITII 210 Fi~;ET OF TIlE N(')RTII 240 li'EET ()1; TIIAT
{?E~{~I'AIN PARCEl, (}F I,AND SI'I'iJA'I'EI) IN TIlE WlIAAAM
~IN[} E].IZABE'I'II BRANNON I)ONATION (~1 ,AIM N{}. 37 IN
WII,I,AMETTE MERIDIAN, IN glnl; COUNTY, WASIIINGTON,
~ESCRIBED AS i;OIAAIWS: BEGINNING AT A Pi}INT 1092
tCEET EAST OF A STONE AT TIlE SOIJTItWEST CORNER OF
THE NORTII ilAI,F OF TIlE WII,IAAM BRANNON DONATION
I,AND CI,AIM NO. 37 AND RllNNING TilENC. E NORTII
00"19'S0" WEST 678 FEIqT; TIIENCE WEST 312 FEET; TIIENCE
St}IJTII I}0°10'$1}' EAST 678 FEET; TI IENI ;E EAST 312 I~'EET TO
'I'llE I~OINT OF BEGInnING.
IIEET 2 ARE NOT Al,l,
THE SUilJ I,;CT
qAIA,Y NOT SItOWn
EVANCE TO Til E
A PORTION ()F I,OT 6 ()Ii'
dq,E(;ItOVE TRACTS, A
AT TIlE CITY OF AUIHJRN'S
AST SII)E OF I'ARCEI~ C. A
AT TillS PiPE IJSEI)TO
'lc.I, EAST OF' I'AIICEI, C.
)N IIAS AI'PEAREI)TO HAVE
OF Tills PIPE~
HEARING EXAMINER MINUTES JUNE 17, 2003
The meeting of the Auburn Hearing Examiner was held on June 17, 2003 at 7:00 p.m. in the Council
Chambers of the Auburn City Hall. Those in attendance were as follows:
HEARING EXAMINER: Diane L. VanDerbeek
STAFF: David Osaki, Sean Martin and Patti Zook
Ms. VanDerbeek called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in
staff and those in the audience intending on testifying.
PUBLIC HEARINGS:
1. APPLICATION NO. CUP03-0002
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Peter Brandt has requested a conditional use permit to allow
the construction of a 3,400 square foot duplex with garages on property located at 9xx - 24th Street NE.
The site plan shows compliance with the development regulations. The project will not have an adverse
impact on adjacent properties. The project is a logical progression between single family and more
intensive uses. The project complies with Zoning Ordinance requirements. Staff recommends approval
with no conditions. The environmental application closes on June 19 and he requests that the record be
kept open to 5:00 pm on June 19 to allow full review and the appeal period.
In response to Hearing Examiner questions, Planner Martin provided information on the fence height
requirements.
Bob Robinson, representative for the applicant is present, but did not give additional testimony.
Gary Allen, 20905 12th Street East, Sumner, owns property adjacent to the west, and is concerned about
an additional duplex on the road without road improvements. He wants to put a duplex on the back half of
his property, but was told he would have to put in street improvements to access his property. It is not fair
for him to pay for road improvements. He wants to know why he is being required to do road
improvements and Mr. Brandt does not.
Planner Martin commented that there is not a Public Works Department employee present to address Mr.
Allen's comments. Street improvements are administered by the Public Works Department. He will
forward Mr. Allen's concerns to Public Works so that they can contact him and Public Works should have
five days to respond.
Hearing Examiner believes this is a good course of action. She will leave the record open for additional
comments and allow the City time to respond to the issue of road improvements. She will leave the record
open until June 23 for Public Works Department to respond to Mr. Allen. Then, Mr. Allen has until June
30 to respond to Public Works. This will necessitate an expanded decision making time and the decision
should be ready by July 16.
There was no other public testimony.
2. APPLICATION NO. CUP02-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. John and Lee Ann Farrell have requested a conditional use
permit to allow a drive-through facility window for a drugstore to be located in the 1700 block of Auburn
PAGE 1
HEARING EXAMINER MINUTES JUNE 17, 2003
Way South. The project is for the development of a 14,500 square foot Walgreen's. He spoke about the
conditional use permit (CUP) issued previously for the adjacent Frugal Burger. The project will not create
adverse impacts on adjacent properties. The project is consistent with the Comprehensive Plan and
Zoning Ordinance. He spoke about the SEPA conditions. Staff recommends approval with three
conditions which he reviewed. He spoke of the need to ensure pedestrian connectivity.
Hearing Examiner inquired about the number of cars that can line up at the drive-through. She inquired
about conflicts between cars exiting the drive and entering from M Street. Pedro Guzzman, Terra Forma
Design, responded that approximately 10 cars maximum can line up at the drive-through. He pointed out
a couple options for these drivers entering from M Street.
Shelly Erickson, of Pearl Avenue, expressed concern about traffic patterns in the parking lot. The current
situation is quite chaotic between Howard Road traffic and cars leaving the parking lot. She encouraged
the applicant and the City to arrange for better safety conditions. She suggested that the City install some
kind of barrier to prevent people leaving the parking lot from turning left onto Howard Road. Mr. Guzzman
said that he has a site plan of the proposed retail and development to the south and asked for Ms.
Erickson to point out the problems.
Hearing Examiner advised that the retail development to the south is not on the agenda tonight. She
thanked Mr. Guzzman for showing the site plan to Ms. Erickson. Planner Martin said that under the
current proposal, the drive will be relocated further south which should alleviate the problems.
There was no other testimony and the public hearing was closed. The written decision will be issued by
June 27.
3. APPLICATION NO. CUP03-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Evergreen Tucci Partners LLC has requested a conditional use
permit to allow a drive-through drugstore, drive-through restaurant and an automobile fuel service station
.to be located at the southeast corner of Lake Tapps Parkway East and Lakeland Hills Way. The
commercial uses in the area correspond to those in the C1 district and all uses require a CUP. He
mentioned the ElS reviewed by Pierce County. He spoke about the pedestrian connections and
pedestrian orientation. He spoke about the architectural design guidelines. The City will work with the
applicant during the design and permit review process as the project develops. The project is consistent
with the Comprehensive Plan and complies with the Zoning Ordinance requirements. Staff recommends
approval with four conditions which were reviewed.
Hearing Examiner asked about the number of parking spaces for the day care and where will the
employees park. If parents enter the area off Lakeland Hills Way, they have to drive through the fast food
lot to get to the day care drop off area. She wondered how many kids will be in the day care. Planner
Martin replied there is one parking stall per employee and sufficient loading and unloading area. Minor
adjustments to the site plan are needed to ensure compliance with the Code. Staff will define the loading
and unloading areas as the development of the day care progresses.
Dennis Rattie, 1000 Second Avenue #3200, Seattle, is generally in concurrence with the staff report. He
is confident that they can work through the site plan issues for final plan development and approval. He
does not know how many kids will be attending the day care, and referred to the 36 parking stalls
provided.
Hearing Examiner is concerned that there is not an organized area for day care drop off. She suggested
that Mr. Rattie speak to people who drop off kids at day care and solicit their opinions on how the drop off
area should work. He agreed that they need to work and review this.
PAGE 2
HEARING EXAMINER MINUTES JUNE 17, 2003
There was no other public testimony and the public hearing was closed. The written decision will be
issued by June 27.
ADJOURNMENT
With no further items to come before the Hearing Examiner, the meeting was adjourned at 7:45 p.m.
HE~AGND\MIN 06-2003
PAGE 3
~~ WASHING~oI~I
Memorandum
From:
Date:
Re:
City of Auburn. Hearing Examiner
Department of Planning and Community Development
June 23, 2003
Respond to comments received during June 17, 2003 public headng
pertaining to agenda item CUP03-0002
Dudng the course of the above-referenced public hearing, the respondent, Mr. Gary
Allen had inquired why his application (City File No. SPL02-0010) required the
completion of half street improvements while Mr. Brandt's application (City File No.
CUP03-0002) did not.
The Planning staff has coordinated with the Public Works Division, the City department
that administers the street improvement requirements and notes the following findings:
Mr. Allen's Short' Subdivision application occurs adjacent to a street that is not
currently developed to City standards. The City is unable to complete the processing
of the subject subdivision application until such time as the street improvement
adjacent to the land being subdivided is improved or the improvement is guaranteed,'
in accordance with Aubum City Code 17.14.100. D.
Mr. Brandt's Conditional Use Permit application does not tdgger the need to
complete street improvements pdor to the approval of the application because the
approval does not correlate to an impact. However, Mr. Brandt is required to
complete improvements to the adjoining street concurrent with the development of
the duplex unit. Aubum City Code 12.64 requires that pdor to the issuance of a
building permit, the adjoining street network must be improved to current standard.
This is a Code required improvement and it is not necessary to impose conditions of
approval for those requirements that can be implemented through administration of
the Code. The staff report should be amended to include a finding regarding street
improvements.
Page I of I
AUBURN · MORE THAN YOU IMAGINED