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HomeMy WebLinkAbout09-15-2003 Item VIII-A-1.pdfCITY OF AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Ordinance No. 5790 September 10, 2003 Department: Attachments: Budget Impact: Ordinance No. 5790 Administrative Recommendation: City Council introduce and Background Summary: Ordinance No. 5790. Ordinance No. 5790 would authorize the conditional use permit for Valley Cities Counseling and Consultation to allow an existing structure to be used as an employment center for clients. The property is located at 915 — 26th Street NE. HE\ORD-RES\ORD5790 L0915-4 03.10.1 CUP03-0005 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board El Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval Council Approval: Referred to Tabled ❑Yes ❑No ❑Yes ❑No Call for Public Hearing Until _/_/ Until / / Councilmember: Borden Staff: Krauss Meeting Date: September 15, 2003 Item Number: VIII.A.1 AUBURN* MOR -E THAN YOU IMAGINED ORDINANCE NO. 5790 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR AN EXISTING STRUCTURE TO BE USED AS AN EMPLOYMENT CENTER FOR CLIENTS, LOCATED AT 9125 26TH STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0005 dated June 17, 2003, was submitted to the City of Auburn, Washington, by Valley Cities Counseling and Consultation, for a Conditional Use Permit to allow an existing structure to be used as an employment center for clients, located at 9125 26th Street NE, within the City of 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 July 22, 2003, and thereafter, the Hearing Examiner recommended approval of the application on August 18, 2003. WHEREAS, on September 2, 2003, the City Council conducted a public hearing and considered said application; and WHEREAS the City Council affirms the Hearing Examiner's recommendation for the issuance of a Conditional Use Permit to allow an existing structure to be used Ordinance 5790 September 10, 2003 Page 1 as an employment center for clients, on property located at 9125 26" Street NE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: .FINDINGS OF FACT 1. Valley Cities Counseling and Consultation has applied for a conditional use permit to convert and utilize an existing single-family residence as an employment center for their clients receiving mental heath services. The requested use is located at 915 - 26th Street NE. The property is zoned R4, Multiple Family Residential. 2. The R4, Multiple Family Residential district under the provisions of Auburn City Code (ACC) Section 18.18.030(H), allows professional office uses if a conditional use permit is secured. 3. The subject property is 1.08 acres in size and developed with a single-family residence and attached carport. The applicant proposes to occupy the structure and convert its use from a single-family residence to an employment center for clients receiving mental health services. The building consists of approximately 1,210 square feet. The site is developed with an existing paved parking area connected to the unimproved 26th Street NE via a gravel driveway. The existing carport and driveway are proposed to be removed and replanted in grass. Ordinance 5790 September 10, 2003 Page 2 4. The proposal is to convert the residential structure on an indefinite temporary basis to an employment center for clients receiving mental heath services. The structure's three bedrooms would be converted to offices for the placement staff and common areas refurbished for client waiting room and restroom facilities. The use would persist until the entire property could be redeveloped in the future which is anticipated in late 2003. A new Conditional Use Permit application would be required for future redevelopment of the site. 5. The subject property is located immediately south of the existing Valley Cities Counseling and Consultation facility located at 2704 1 Street NE. The adjacent existing facility was authorized by a conditional use permit pursuant to Ordinance No. 5285 in September of 1999 and the facility was subsequently constructed and occupied. 6. This existing Valley Cities facility is proposed to be used for parking spaces and access to the subject site. Based on the building size of approximately 1,210 square feet and its intended professional office use, four parking spaces are required under ACC 18.52.020(B)(12). These four parking spaces are proposed to be provided on the adjacent site at 2704 1 Street NE. The site plan accompanying the application contains a parking analysis to demonstrate that there are sufficient parking spaces to meet City regulations. Also, per Ordinance 5790 September 10, 2003 Page 3 ACC 18.52.070(C), when parking is proposed to be located on an adjacent property the area shall be legally encumbered by an easement or other means approved by the City, to ensure continuous use. Alternatively, the applicant could combine the two lots into a single lot via a lot line adjustment and avoid the requirement to provide an off-site parking encumbrance. 7. A 4 -foot -wide approximately 95 foot long paved pathway is proposed to be constructed between the parking spaces and the proposed employment center. As required by ACC 18.52.070(D), a walkway is between the off-site parking and the building must be provided. 8. The applicant indicates the facility would have a total of three employees and is anticipated to serve six clients. The number of clients may ramp up to a maximum of 20 in the future. Only clients receiving mental health services of the facility will be referred to the employment center. 9. In accordance with ACC 18.50.020(6), when a residential use is converted to a non-residential use, then such building or structure is considered a new use and landscaping must be provided in accordance with City regulations. The landscaping standards applicable to the R4 zoning district (ACC 18.50.050(6)) require that five feet of Type III landscaping be provided along the site's street frontages which would include I Street NE and 26th Street NE. ---------------------- Ordinance 5790 September 10, 2003 Page 4 10. The proposed activity will require a building permit. The building permit is required due to the intended change in occupancy within the building and will address the project's consistency with uniform code requirements and City construction standards. In particular, it will address exiting requirements, and any necessary building modifications resulting from the change in the occupancy classification. 11. The proposed business will be required to obtain a City business license prior to conducting business at the subject location. The contents of the case file, CUP03-0005, for this project were incorporated by reference and made part of the record before the Hearing Examiner. CONCLUSIONS OF LAW The conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040: 1. 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. ---------------------- Ordinance 5790 September 10, 2003 Page 5 2. It is not anticipated that the employment center use will cause any adverse effects to any of the adjoining uses. Valley Cities Counseling and Consulting has been operating at the adjacent site since 1999 and across the street prior to that without adverse effects on the surrounding area. The expansion of services to an adjacent site should not cause any new adverse effects on the neighborhood. The proposed use will be conducted within the building that is already developed at the site. The applicant has proposed to provide parking and access via its existing facility located to the north to minimize additional pedestrian or vehicular traffic on 26th Street NE and adjacent residentially developed properties. 3. The proposed change in use for the building will be required to meet City construction standards and uniform code requirements to ensure there is not a safety concern to adjacent properties. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the Conditional Use Permit application to the Auburn City Council, subject to the following conditions: 1. The applicant shall prepare and submit to the Planning Director a site plan for review and approval that demonstrates compliance with the applicable ---------------------- Ordinance 5790 September 10, 2003 Page 6 provisions of ACC Chapter 18.50 (Landscaping and Screening) and ACC Chapter 18.52 (Off -Street Parking and Loading) for the proposed use in conformance with the R4 zoning. The plan shall be approved prior to issuance of building permits. The applicant may later apply for a variance from the provisions of the landscape requirements of the Zoning Code. 2. The proposal shall generally be consistent with the submitted site plan: "Proposed Reuse of the Existing House for Job Placement Program Valley Cities," The Keimig Associates, June 16, 2003 as modified to meet City Code requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. A Conditional Use Permit is hereby approved to allow an existing structure to be used as an employment center for clients, on property located at 9125 26th Street NE, in the City of Auburn, County of king, State of Washington, and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference, subject to the following conditions: 1. The applicant shall prepare and submit to the Planning Director a site plan for review and approval that demonstrates compliance with the applicable provisions of ACC Chapter 18.50 (Landscaping and Screening) and ACC Ordinance 5790 September 10, 2003 Page 7 Chapter 18.52 (Off -Street Parking and Loading) for the proposed use in conformance with the R4 zoning. The plan shall be approved prior to issuance of building permits. The applicant may later apply for a variance from the provisions of the landscape requirements of the Zoning Code. 2. The proposal shall generally be consistent with the submitted site plan: "Proposed reuse of the Existing House for Job Placement Program Valley Cities," The Keimig Associates, June 16, 2003, as modified to meet the City Code Requirements. Section 2. Administrative Authority. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. 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 4. 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. Ordinance 5790 September 10, 2003 Page 8 Section S. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. 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: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk APPJ�QVEDIAS TO FORM: jaaniel BA ei City Attorney PUBLISHED: Ordinance 5790 September 10, 2003 Page 9 LEGAL DESCRIPTION OF PROPERTY EXHIBIT .1 Legal Description That portion of the W.H. Brannan Donation Land Claim No. 37 in Section 6, T 21 N, R 5 E, W.M., in King County, Washington, being described as follows: Commencing at a case mon located on the centerline of "I,, Street NE from which the intersection of the centerline 26th ST. NE and the centerline of "I" ST. NE bears S 00'57'35" E 214.77 feet; Thence N 88'58'20" E a distance of 30.00 feet, to the easterly margin of "I" ST NE and the NW corner of Lot 1 of City.of Auburn Short Plat No. SPL 0010-97 as recorded under recording number 9711190806 records of King County; Thence :S 00'57'35" E along said east margin, a distance of 50.03 feet, to the south line of the north 50 feet said Lot 1•and the True Point of Beginning; Thence continuing S 00'57'35" E, along said margin, a distance of 123.07 feet; Thence along the arc of a curve to the left with a radius of 22.00 feet, a central angle of 69 41'05" and an arc length of 34.44 feet, to the northerly margin of 26th ST NE; Thence N 89021'20" E, along said margin a distance of 86.54 feet; Thence N 84'31'18" E, along said margin, a distance of 227.60 feet, to the westerly boundary of the plat of "Park Place -Auburn" as recorded in volume 104 of plats on pages 14 thru 17; Thence N 09.04'08 W, along said westerly boundary, a distance of 139.16 feet to the south line of said north 50 feet of said Lot 1; Thence S 87.11'46" W, along said south line, a distance of 315.85 feet, to the True Point of Beginning.