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HomeMy WebLinkAbout10-06-2003 Item VII-ACITYOF -' BURN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject Date: Application No. CUP03-0006 10/2/2003 Department: Planning Attachments: H.E. Decision, Staff Budget Impact: Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and, to instruct the Cit Attorneyto prepare the necessaryOrdinance. Background Summary: The Hearing Examiner on September 16, 2003, conducted a public hearing on the request of Auburn Church of the Nazarene for a conditional use permit to allow a change in the current use of a church parsonage to a church activities facility. The project site is located at 1225 29th Street SE. Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. H E\CU P03-6 L1006-3 03.10.1 CUP03-0006 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: E Building E M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor E Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD E Fire E Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other E Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Borden Staff: Krauss Meeting Date: October 6, 2003 Item Number: VILA AUBURN* MORE THAN YOU IMAGINED CITY OF T Peter B. Lewis, Mayor tu WASHINGTON 25 West Main Sheet * Auburn WA 98W1-4998 * www.ci.auburn.wa.us * 253-931-3000 September 29, 2003 PASTOR JOHN BERGREN 4805 MILL POND LOOP AUBURN WA 98092 DENNIS COMBS 3717 —164TH AVENUE COURT EAST SUMNER WA 98390 RE: APPLICATION NO. CUP03-0006 Dear Applicants: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on September 16, 2003. The City Council will consider your request on October 6, 2003 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal. If you have any questions regarding the attached, please give us a call. Sincerely, Paul Krauss, AICP Director PK:pz Attachment cc: Building Department Public Works Department City Clerk James Thomas Robert Carlson Annette Hull AU$IJR N * MORE THAN YOU IMAGINED CITY OF WASHINGTON FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF AUBURN APPLICATION: APPLICANT: REQUEST: LOCATION: APPLICATION FILED: SEPA STATUS: DATE OF PUBLIC HEARING: DECISION ISSUED: DECISION: STAFF REPRESENTATIVES: PUBLIC TESTIMONY: WRITTEN TESTIMONY: CUP03-0006 Dennis Combs, Auburn Church of the Nazarene Conditional Use Permit to allow church activities in the R-2, Single Family Residential Zoning District 1202 28' Street SE August 12, 2003 N/A September 16, 2003 September 29, 2003 Recommend approval Sean Martin, Planner Dennis Combs Annette Hull Tina Fiefield James Thomas Exhibit #1: Case file INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application. HE\DEC\CUP03-6 Page 2 Findings and Decision Application No. CUP03-0006 FINDINGS OF FACT 1. Auburn Church of the Nazarene has applied for a Conditional Use Permit (CUP) to convert and utilize an existing single-family residence to support church activities such those oriented toward seniors, administrative and counseling functions and additional teaching centers. 2. The subject site, located at 1202 28'x' Street SE, is contiguous to the church property (the church is to the south) and according to the application has been used as a church parsonage for several years. The adjacent church is located at 1225 29'h Street SE is located within an R-3, Duplex Residential zone and had a valid and current CUP (City Application 15-83; City Ordinance No. 3890, June 18, 1983). Ordinance No. 3890 also permitted the rear yard of this property to be used as a play area for the on-site daycare, which is housed in the 1225 296' Street SE structure. Staff does note that according to the application filed for the 1983 CUP, the subject property (1202 28`h Street SE) was denoted as a parsonage. 3. The R-2, Single Family Residential district under the provisions of Auburn City Code (ACC) Section 18.14.030(J), permits religious activities if a conditional use permit is secured. 4. The subject property is 7,488 square feet in size and developed with a single-family residence, approximately 990 square feet in size. The applicant proposes to convert its use from a residence to an activity center in support of the activities listed under Fact 1. While the parsonage (a strictly residential uses) is permitted outright, however an approved CUP is required to allow the church to use the structure for purposes other than residential occupancy. 5. This existing structure has a two car garage and driveway capable of providing parking for an additional two vehicles, although the driveway parking is located within the side yard setback of the of the subject site. 6. A change in use from a residence would require additional parking be provided. The City calculates that 3 additional stalls would be required (using the rate for professional office). While additional parking is typically required to be provided on-site, the principal church property is contiguous and the addition of increased parking stalls on the subject site will have a potentially detrimental impact on neighborhood character. 7. In accordance with ACC 18.50.020(B), when a structure is converted from a residential use to a non- residential use, said structure is considered a new use and landscaping must be provided in accordance with City regulations. There are no formal landscaping standards applicable to the R-2 zoning district (ACC 18.50.050(A)) except that landscaping may be required during the CUP process. 8. The proposed activity will require a building permit to change from a residential occupancy. The building permit 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. 9. While the use of the site is not currently envisioned to support day care activities, the use of the structure as a day care will require additional improvements in the occupancy rating of the building beyond that required of the administrative and classroom activities. HMDEOCUP03-6 Page 3 Findings and Decision Application No. CUP03-0006 10. The applicant should consider a lot line adjustment to consolidate the property lines of the subject site and the principal church site. 11. At the time of the public hearing, there was public testimony expressing concern about traffic and other potential impacts of the changed use. Neighbors expressed concern about the fact that the street is used as a pick up and drop off point for the daycare children, which is a surprising safety hazard for any daycare facility and the undersigned is surprised that the applicant would allow the children to be put at risk in this way. The neighbors also expressed concern about the fact that they fear that the change of use could impact their potential liability for future street improvements. 12. Traffic and parking were the primary concerns of the neighbors. 13. The contents of the case file, CUP03-0006, for this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded based on the staff report, the public hearing, and a site visit after the hearing, 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 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. As conditioned, it is not anticipated that the use of the site will cause any adverse effects to any of the adjoining uses. The church has been operating at the adjacent site for several years. The expansion of services to an adjacent site should not cause any new adverse effects on the neighborhood provided that the supporting amenities, such as parking are provided by the principal church parcel. The church must provide parking for this use during the daytime. A designated parking area must be provided based on the testimony that the church historically closes a portion of the parking lot during the day to have it serve as a children's play area for the daycare. 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. In addition, the extent of alterations permitted shall be limited to ensure that the structure retains its existing residential character. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed use is located within an area designated as a transition area between Single Family Residential and Moderate Density Residential comprehensive plan map designations by the Auburn Comprehensive Plan. The implementation chapter of the Comprehensive Plan (Chapter 14) speaks to considering churches in areas within either of these designations. HE\DEC\CUP03-6 Page 4 Findings and Decision Application No. CUP03-0006 Policy LU -43 indicates that locating commercial businesses within residential neighborhoods is appropriate only if the use is compatible with adjacent residential uses and is especially appropriate along arterial streets and along the border of residential neighborhoods. The proposed use of the site is anticipated to be less intense than commercial development. However, consistent with the intent of this policy, the proposal, as conditioned, will be compatible with adjacent residential uses. The site is located along "M" Street SE which is designated an arterial by the Comprehensive Plan and is located at a transition between higher and lower intensity uses. 3. The proposal complies with all requirements of the Zoning Ordinance. As conditioned, the proposal complies or is capable of complying with the Zoning Ordinance. 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. As conditioned, the proposal will not alter the character of the lot or building in ways that would be inconsistent or inappropriate with the existing character of the residential neighborhood. 5. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be adversely affected by the proposal. DECISION Based upon the application and Findings of Fact and Conclusions of the staff report, and the evidence elicited during the public hearing, the Hearing Examiner recommends to the City Council approval of the conditional use permit request subject to the following conditions: 1. The applicant shall coordinate with the Building Official to ensure that all improvements required for a change in occupancy from a residential to a non-residential structure are completed, subject to the applicable permit process. In the event that external alterations to the structure or site are sought, the applicant shall demonstrate to the Planning Director that the external facades and site features will retain residential characteristics consistent with the adjacent residential properties. The parking stalls to support the use of the subject structure shall be provided by the church's adjacent parking area. 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 Auburn City Code Chapter 18.52 (Off -Street Parking and Loading) related to parking stall requirements and dimensions and that adequate pedestrian connections are made from the parking area to the subject structure. The plan shall be approved prior to issuance of any subsequent permits or City registrations and may be submitted with any permit required by condition I of this decision. At no time during the day may any of the parking associated with the building be closed off and used as a daycare play area, and the parking shall be located in as close of a proximity as possible to the building so that people will use it instead of parking on the street where is might be a shorter walk. There shall be signage designating the parking for the facility. 3. This CUP does not authorize the use of the site for day care or day care support purposes. The potential changes in the intensity of use associated with a day care use, if sought at some point in the future, will HEDEOCUP03-6 Page 5 Findings and Decision Application No. CUP03-0006 require a new Conditional Use Permit application which will be reviewed subject to the standards in place at the time of application. Dated this 29th day of September, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. Diane L. VanDerbeek, Hearing Examiner HE\DEC\CUP03-6 Page 6 Findings and Decision Application No. CUP03-0006 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than seven days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 980014998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their October 6, 2003, meeting. At the October 6, 2003, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. HE\DEC\CUP03-6 Page 7 CITYOF _1K,_ =h WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Public Hearing Application No. CUP03-0006 9/9/2003 Department: Planning Attachments: Vicinity map, Budget Impact: application, notice of application. Administrative Recommendation: 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 Summarv: REPORT'OF FACTS: OWNER/APPLICANT: Dennis Combs, Auburn Church of the Nazarene REQUEST: Conditional Use Permit to allow church activities in the R-2, Single Family Residential Zoning District LOCATION: 120228 th Street SE EXISTING ZONING: R-2, Single Family Residential EXISTING LAND USE Single-family residence (Used as a parsonage for the adjacent church) COMPREHENSIVE The lot has a split designation transitioning from "Single Family PLAN DESIGNATION: Residential' along the northern limits to "Moderate Density Residential' along the southern limits SEPA STATUS: The proposed action is SEPA exempt 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 ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Borden Staff. Martin Meetin Date: September 16, 2003 Item Number: AUBmN *MORE THAN YOU IMAGINED Agenda Subject Date: Public Hearing Application No. CUP03-0006 9/9/2003 ZONING AND LAND USE DATA IN THE VICINITY: FINDINGS OF FACT 1. Auburn Church of the Nazarene has applied for a Conditional Use Permit (CUP) to convert and utilize an existing single-family residence to support church activities such those oriented toward seni0rs, administrative and counseling functions and additional teaching centers. 2. The subject site, located at 1202 28th Street SE, is contiguous to the church property (the church is to the south) and according to the application has been used as a church parsonage for several years. The adjacent church is located at 1225 29th Street SE is located within an R-3, Duplex Residential zone and had a valid and current CUP (City Application 15-83; City Ordinance No. 3890, June 18, 1983). Ordinance No. 3890 also permitted the rear yard of this property to be used as a play area for the on-site daycare, which is housed in the 1225 29th Street SE structure. Staff does note that according to the application filed for the 1983 CUP, the subject property (1202 28th Street SE) was denoted as a parsonage. 3. The R=2, Single Family Residential district under the provisions of Auburn City Code (ACC) Section 18.14.030(J), permits religious activities if a conditional use permit is secured. 4. The subject property is 7,488 square feet in size and developed with a single-family residence, approximately 990 square feet in size. The applicant proposes to convert its use from a residence to an activity center in support of the activities listed under Fact 1. While the parsonage (a strictly residential uses) is permitted outright, however an approved CUP is required to allow the church to use the structure for purposes other than residential occupancy. 5. This existing structure has a two car garage and driveway capable of providing parking for an additional two vehicles, although the driveway parking is located within the side yard setback of the of the subject site. 6. A change in use from a residence would require additional parking be provided. The City calculates that 3 additional stalls would be required (using the rate for professional office). While additional parking is typically required to be provided on-site, the principal church property is contiguous and the addition of increased parking stalls on the subject site will have a potentially detrimental impact on neighborhood character. In accordance with ACC 18.50.020(6), when a structure is converted from a residential use to a non- residential use, said structure is considered a new use and landscaping must be provided in accordance with City regulations. There are no formal landscaping standards applicable to the R-2 zoning district (ACC 18.50.050(A)) except that landscaping may be required during the CUP process. 8. The proposed activity will require a building permit to change from a residential occupancy. The building permit will address the project's consistency with uniform code requirements and City Page 2 of 4 Comprehensive Land Use Existing Zoning Existing Land Use Plan Designation North Right-of-way then R-2 Single family residence Single Family Residential South R-3 Church Moderate Density Residential East R-2 Single family residence SF Residential/MD Residential West Right-of-way then R-2 Single family residence SF Residential/MD Residential FINDINGS OF FACT 1. Auburn Church of the Nazarene has applied for a Conditional Use Permit (CUP) to convert and utilize an existing single-family residence to support church activities such those oriented toward seni0rs, administrative and counseling functions and additional teaching centers. 2. The subject site, located at 1202 28th Street SE, is contiguous to the church property (the church is to the south) and according to the application has been used as a church parsonage for several years. The adjacent church is located at 1225 29th Street SE is located within an R-3, Duplex Residential zone and had a valid and current CUP (City Application 15-83; City Ordinance No. 3890, June 18, 1983). Ordinance No. 3890 also permitted the rear yard of this property to be used as a play area for the on-site daycare, which is housed in the 1225 29th Street SE structure. Staff does note that according to the application filed for the 1983 CUP, the subject property (1202 28th Street SE) was denoted as a parsonage. 3. The R=2, Single Family Residential district under the provisions of Auburn City Code (ACC) Section 18.14.030(J), permits religious activities if a conditional use permit is secured. 4. The subject property is 7,488 square feet in size and developed with a single-family residence, approximately 990 square feet in size. The applicant proposes to convert its use from a residence to an activity center in support of the activities listed under Fact 1. While the parsonage (a strictly residential uses) is permitted outright, however an approved CUP is required to allow the church to use the structure for purposes other than residential occupancy. 5. This existing structure has a two car garage and driveway capable of providing parking for an additional two vehicles, although the driveway parking is located within the side yard setback of the of the subject site. 6. A change in use from a residence would require additional parking be provided. The City calculates that 3 additional stalls would be required (using the rate for professional office). While additional parking is typically required to be provided on-site, the principal church property is contiguous and the addition of increased parking stalls on the subject site will have a potentially detrimental impact on neighborhood character. In accordance with ACC 18.50.020(6), when a structure is converted from a residential use to a non- residential use, said structure is considered a new use and landscaping must be provided in accordance with City regulations. There are no formal landscaping standards applicable to the R-2 zoning district (ACC 18.50.050(A)) except that landscaping may be required during the CUP process. 8. The proposed activity will require a building permit to change from a residential occupancy. The building permit will address the project's consistency with uniform code requirements and City Page 2 of 4 Agenda Subject Date: Public Hearing Application No. CUP03-0006 9/9/2003 construction standards. In particular, it will address exiting requirements, and any necessary building modifications resulting from the change in the occupancy classification. 9. While the use of the site is not currently envisioned to support day care activities, the use of the structure as a day care will require additional improvements in the occupancy rating of the building beyond that required of the administrative and classroom activities. 10. The applicant should consider a lot line adjustment to consolidate the property lines of the subject site and the principal church site. 11. The contents of the case file, CUP03-0006, for this project are hereby incorporated by reference and made part of the record of this hearing. 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 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. As conditioned, it is not anticipated that the use of the site will cause any adverse effects to any of the adjoining uses. The church has been operating at the adjacent site for several years. The expansion of services to an adjacent site should not cause any new adverse effects on the neighborhood provided that the supporting amenities, such as parking are provided by the principal church parcel. 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. In addition, the extent of alterations permitted shall be limited to ensure that the structure retains its existing residential character. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed use is located within an area designated as a transition area between Single Family Residential and Moderate Density Residential comprehensive plan map designations by the Auburn Comprehensive Plan. The implementation chapter of the Comprehensive Plan (Chapter 14) speaks to considering churches in areas within either of these designations. Policy LU -43 indicates that locating commercial businesses within residential neighborhoods is appropriate only if the use is compatible with adjacent residential uses and is especially appropriate along arterial streets and along the border of residential neighborhoods. The proposed use of the site is anticipated to be less intense than commercial development. However, consistent with the intent of this policy, the proposal, as conditioned, will be compatible with adjacent residential uses. The site is located along "M" Street SE which is designated an arterial by the Comprehensive Plan and is located at a transition between higher and lower intensity uses. Page 3 of 4 Agenda Subject Date: Public Hearing Application No. CUP03-0006 9/9/2003 3. The proposal complies with all requirements of the Zoning Ordinance. As conditioned, the proposal complies or is capable of complying with the Zoning Ordinance. 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. As conditioned, the proposal will not alter the character of the lot or building in ways that would be inconsistent or inappropriate with the existing character of the residential neighborhood. 5. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be adversely affected by the proposal. 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 request subject to the following conditions: 1. The applicant shall coordinate with the Building Official to ensure that all improvements required for a change in occupancy from a residential to a non-residential structure are completed, subject to the applicable permit process. In the event that external alterations to the structure or site are sought, the applicant shall demonstrate to the Planning Director that the external facades and site features will retain residential characteristics consistent with the adjacent residential properties. 2. The parking stalls to support the use of the subject structure shall be provided by the church's adjacent parking area. 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 Auburn City Code Chapter 18.52 (Off -Street Parking and Loading) related to parking stall requirements and dimensions and that adequate pedestrian connections are made from the parking area to the subject structure. The plan shall be approved prior to issuance of any subsequent permits or City registrations and may be submitted with any permit required by condition 1 of this decision. 3. This CUP does not authorize the use of the site for day care purposes. The potential changes in the intensity of use associated with a day care use, if sought at some point in the future, will require a new Conditional Use Permit application which will be reviewed subject to the standards in place at the time of application. HE\APP\STRC03-6 Page 4 of 4 APPLICATION NO.: APPLICANT: REQUEST: church activities facility LOCATION: CUP03-0006 Auburn Church of the Nazarene conditional use permit to allow a change in the current use of a church parsonage to a 1225 29th Street SE CITY OF - B RN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburn.wa.us * 253-931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following application that may be of interest to you. The application may be reviewed at the City of Auburn Department of Planning and Community Development, 25 West Main Street, Auburn, WA. Nature of Project or Request: Conditional Use Permit to allow church activities in the R-2, Single Family Residential Zoning District. Location: 120228 th Street SE Date of Notice of Application: September 4, 2003 Permit Application Date: August 12, 2003 Date of Notice of Completeness: September 4, 2003 File No: CUP03-0006 Applicant: Dennis Combs for Auburn Church of the Nazarene Preliminary Determination of Applicable Development Regulations: Zoning Code, Design and Construction Standards Manual, Uniform Building and Fire Codes and Comprehensive Land Use Plan Other Permits Required: No other permits are required prior to approval of the conditional use permit, however the project will be required to obtain all necessary permits for construction including a building alteration permit. Public Comment Period: You are invited to comment request a copy of the decision, when available and be made aware of any appeal rights. Comments must be received in writing by the Auburn Department of Planning and Community Development at 25 West Main Street, Auburn WA 98001-4998 before 5:00 on Friday September 19, 2003. Public Hearings: A public hearing is required for the project and has been scheduled for Tuesday, September 16, 2003 at 7 pm in the City Council Chambers at 25 West Main Street, a separate notice of the public hearing will be provided. If you have further comments or questions related to this application, you may contact Sean Martin of the Planning Department at (253) 931-3090. If you call or write, please reference File No., CUP03-0006. AI TRI TR IV 05/18/2003 22:08 3608779001 ZANONI RAZLMAZ Conditional Use Permit for Hearing Examiner - Page 5 PAGE 02 CONDITIONAL USEurRMIT APPLICATION � ****�r3e9ti *]k i[!1'7i7t!"k'JC * 74 �C7F�t�r�f * �JC'�L�*'.k' 3`4�4�4Yr.i'E� *�Aeairi�Ld• ek #AAA # * k It 4lk Ank7t 44lkiEli #It�IP71"tnk� *�[de'k�'yl�'jt*�C PROPERTY OWNER'S NAME Sec. Twp. Reg.: Area Code: q P APPLICATION NUMBER Tone Existing, Request: Scheduled Public Hearing: C 1l 7M Date Received: Staff Froju-t Coordinator: '*.I A"k'It**!��"k*7it1k7l']�C'k'k**'�r�F.Y�St�eirf�fk#iiJ.pfr*#�rA�fr A�fr*fr**AY!##**7R*7k7E'l[7[7!'kk'if*'*7R7Q*'**SE'Y.'k**11Y 9k�c*'* Do Not Write Above This Line APPLICANT: COMPLETE THIS.FORM WUH ALL ENTRIES BRING TYPED (except signatures) OR NEATLY PRINTED IN YW IF ADDED SPACE IS NEED M1, ,ATTACH THE ADDITIONAL. REQUIRED PAGES TO TIUS APPLICATION I (we), the undersigned, OWNER(S) of property cumbered opposite my (our) nam ) ereby for a Conditional Use Permit for the folowing use: /,%02 � (Please attach a 1/2 () page your proposed use..)) A. How is the property involved in this application more -suitable for the ConditianaI Use Permit #Lan those uses permitted outright in the pruent zoning classification? GHti"5 AKE: ,4-t.,LOWeO UJ ttlfr&JW(S 4:XJI~ <_-LAestF OW00a4 I t 5 Pgoe nl y RA ,:s 15 .1 DUJW�-p h4Y tib AUrAJrW ct �CH ©-F -the 0AZA f -Ug Mr- t WJY Y&W5. IT WS T3F-C-*J USF -P AS F7A25a3A,,-,F_, wr-- -o THE ragaAnx-I or Toe ct-we GN tW 5 01-014' 15 u960 00 TO F3 a U5 /4s k t+U LewKy �'i .icy tJC3i *-t- Ct ry vier s u.rZu CC_:-2F_F4gt.V ?oPE-rO E! -P, APPLMUP-APPI, Rev. 1214103 05/18/003 22:08 3608779001 ZANONI RAZ&MAZ PAGE 03 PROPOSED USE OF PROPERTY The Auburn Church of the Nazarene hereby requests the City of Auburn grant a G.U.P. on the church owned property, located adjacent to the north, 1242 — 28th Street S.E. Auburn, WA. This property is currently being used as a church parsonage and has been doing so for many years, The Church has had a growth that places need to establish additional church activities facility, close to the main church building to maintain the control and safety of its parishioners_ There are several church activities that do not have the space to meet at this current time, thus the request. for example: Senior Activities; Administration Area; Counseling Center, additional teaching Centers. The activities will change as the community needs change, thus the vague definition_ "Addition Church Activities" 05/18/2003 22:08 3608779001 Ld tl Lu U w EL ZANONI RAZ&MAZ w z 1 x V m 28TH STREET B.E. N S 8.4°13'41" W 74. 1' EXISTING RESIDENCE W/ FULL DAYLITE BASEMENT & 2 CAR GARAGE FIN GRADE TO RIDGE APROX Ir -8' 0 T SV co 0 ni aQ v a C.U.P.for the A u e u R N ROBERT A. ZANONIDIAL � Y CHURCH OF THE NAZARENE 'Architect . 8 FT 4ilAItV unAc 30 FT TO CEDWERUMNE ,e ,�;a o; �..r.wa..Sww+...u+w••�r 12zs 28i}i STREET S.E. AUBURN. WA �[3Q2 F.O. BOX6tl9(W".wGAOnRE N 89'13'41" E 74.07' y.. AUBURN CHURCH OF THE NAZARENE CHURCH PROPERTY Pmpe��rm' mm.Time amrma SITE PLAN E gAft or pmpo"d in .:,, �...+..�, �....- SCALE :1" = 20'4" U.O.N. PAGE 04 g w- �•-M------ C.U.P.for the A u e u R N ROBERT A. ZANONIDIAL CHURCH OF THE NAZARENE 'Architect . �..r.wa..Sww+...u+w••�r 12zs 28i}i STREET S.E. AUBURN. WA �[3Q2 F.O. BOX6tl9(W".wGAOnRE L y.. -wwY1;rALNw •.:».r•....+.a -• Pmpe��rm' 76 NOCaw4lWW gOao RTM MOGOSPORT. WE9HIN0 T 0 N 90uAQ-ffP .:,, �...+..�, �....- 12UZ - 28th STREET S.0 AUBURN, WA QW02 05/18/2003 22:08 3608779001 ZANONI RAZ&MAZ PAGE 05 VtCIHLTY MAP Ir nis. S ROBERT A. ZANONI C.U.P. ter ft A U S URN °.•••.��•l.••^• •,•.••,..• Architect ` CHURCH Or THr- NAZARENE P.6. B09cOSY (MNUNfi? 1225 2M STREET S.E. AUBURN, WA 98002 " :�.•���•: r• .� E & 70 NORfa ryuul�EW RopD .eew�a+s •r..+.,•..�.-+.. a L N0005►o". WASHtN0T011 Sas omm Pmparty ddb:if ••�"' `^'�-••`�►""^^•� � Y l r-.. orr.9mv 1202 -,*m swmer S_E AUBURiV WA 98002 _._..�'� '=�••::�:•`' ': 05/18/2003 22:08 3608779001 ZANONI RAZMAZ PAGE 06 Conditional Use Permit for Hearing Examiner - Page 6 $• Why is this Conditional Ilse PP.rmit compatible with the other ex utiulg uses in the neighborhood? Tte c, c;. P 15 A.-GaLIF-P By TOE c--tz'zFJJr- zcQ r� TRU5 7 -Ht 5 fRr:)pUF,1;- i Z y Vo; t h vro Gs2t�L c G pR "A4ZLy i3E FjRf 0't rttF �30z770 (T%>£ Lrac�STt ct wrLrxi r-Aczu i t r t C. WhY is ibis Conditional Use Permit cornpatble with the existing rag xon' � irr the alley . *1-t#P- CO, p FOOC&S5 AW -O (J5 7M5 USF- A -S - AN �4cc�ssor�y D. Why is this Conditional Use Permit consistent with the Comprehessive plan for the area? 1T 15 WIT14 "tom PLA4-J rhC GIT( OF A<ji3vIZ+.J pLA4J" R_2 APPLMUP=APPL Rev. n m9. 05/18/2003 22:08 3608779001 ZANONI RAZEMAZ PAGE 07 Conditional Use permit for Hearing Examiner - Page 8 LEGAL DESCRWTYON OF PROPERTY CODUTrA2cF--L- QO -44406a --o4-4 0,c�-7 LOT it!3 � 15L OC.iC 4-1 IZAj Q IG4z. V1 S7,�1 PAtm Aocn i ,ice . ��T� car= lc_ih�t-}i �•.�� ��.f 7`,�-x �,�C �+�-��i sTAt�� Zc��Z- Zck33 FEE PAYMi"NT: 5750-00 for resider W,— $1,000-00 for Commercial plus $700-00 for an Dkvirunineuml Checklist T.R. # Cashier's Initials APPL1ACCrn APpL R-. 12/17/03 Date Received Auburn Church of the Nazarene 1225 — 29`h Street SE Auburn, WA 98002-8124 August 12, 2003 ATTN: Auburn Planning Department Enclosed is the Conditional Use Permit Application on 1202 — 28th Street SE property along with the required application fee and additional site maps. The contact person representing the Auburn Church is as follows: Dennis Combs, Business Manager 3717 164th Avenue Ct. E Sumner, WA 98390 Church Office: 253-833-5644 Home Office: 253-862, 4211 - Respectfully Submitted ,7 /1 11 Dennis Combs Business Manager vV Lj�I L> 05!18/2003 22:08 3608779001 stag-gf vashingto:e Oepar-tment 04 Revenue Pro,vvrtT* TaX Division !.0. 99X 474Ti Mtyopiar Ma 3$504-71471 Lppiicant/Mailing Address ZANONI RAZ&MAZ PAGE 03 e1_v�e Page 1 JANUA111► 2a M2 Renewal. oectaration I Determination Annual Fee Due; 58.75 Filing deadline: *area 31 CHURCH OF TNF KAZARENE - AUBURN 1225 29M sr SE AUBURN WA 98[202 Rovistration numbor 03 208 001 County: KING tccupant/Location Address Assessment a►ea►r: ?.QQZ For tax gear: 2003 AUBUJkX CHURCH OF THE WAZARCNE 12P5 2901 ST SE AUBURN 94 981102 EXEMPT RERSON: CHURCH & PARSONAGE Personal property oaf the apptitantAotcupant at this addressp used for exempt purposes is Included in this exeMpt ions. 101 County Parcel: 302105--9102 Legal Description: 010 SU114 S&11;4 *E1 t4 XE114 LESS CO ROS (CHURCH) 1013 County parcel: 714080-0440 Least Description: 0113 LOT 9 OLK 4 RAINIER VISTA PARK. ADD QZG (PARSONAGE 1202 ZSTM ST SE) :f Fou ch*nlie the use of the property or you altoee other asganixations or persons a asp_ your propertyr it may 4+fect your exemotion. You must rr_part any CharP90 it he use of your property to the Departnent of Revenue. or assistance phrase cult: 4253 437-3471 I certify sender the venal#y of perjury Undor the laws of slashingtasn that the use of the exempt property Listed above is unchanged except as noted and that alt et er informatlon it true and correct.. :igna► '%[ � ---- None D Title (print) . _� _-!- ----------------- ate�►���sz�a� . Phorse llo�� �SZ3_S�oi..E-iat91.REV'N' cS�E� _--- Return this original (ail pages) to the dept of Revenue_ !Fake a copy far your record. 05/18/2003 22:08 3608779001 ?ANONI RAZ&;MAS PAGE 09 9 1 TRCOM , A. Z4NONI ATcC.44tTEGT - PA. SOX "S 10 NORTH CANAL YIEW ROAD HOODSPORT, = 98548-S%S f'{wm- Fax 365.6,".9001 2 i VIE 0' 63 ('SP7 LOT 3 a • .vB9-�s•sa f 597. G2 �r A..duev GrV L� a; a -1111� A'55 F'1`53 5 0 K S M A F 05/18/2003 22:08 3608779001 w z 1 x w v 0 r ZANONI RAZ&MA? PAGE 04 2&TH STREET 5.E. Y S 89°13`41" W74.: 1' YU ad 6 0% fn - h ' U 49 EXISTING RESIDENCE WI FULL DAYLITE BASEMENT & 2 CAR GARAGE FIN GRADE TO RIDGE o �{ ® APROX 1T-8" o � � o LU P C) N. U tV to CDP 2DW o LL .Z a U ago Ton 6 FT C"14 UMI Ff,rfc 30 FT To CFh7EFtU ,.� ,� a N 89"13'41" E 74 -OT AUBURN CHURCH OF THE NAZARENE CHURCH PROPERTY cz� �o oss as SITE P L -AN MOM r, a� oroavesa3 inthis aiULj SCALE: V= 20'4" U.0 -N. 0AW", for tho A U e UR N ROS ERT A. ZANONI `fig CHURC:H OF THE NAZARENE `Architact - - ..ai....�--4+.d...+.. �,...r�,r ti im 2MH .5 GST S.E. AUBURN. WA 9002 P-U.WX 0.UORD CO.IA )AMS+•at•r.+•.+� + FfOPs�dddfi:83. WORTH Cik4 LVWf�WO Wa WA9 tM0 0M RQCA noUOSPaFtt.YCA9Nfne©?GN 8d:.�0$M 11U'G - 28115 5TReE r 6.11 AUBURN, WA M082 n,w�o r�- aoa. eP�, east HEARING EXAMINER MINUTES SEPTEMBER 16 2003 The meeting of the Auburn Hearing Examiner was held on September 16, 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, Mitzi McMahan, 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. MIS03-0004 Hearing Examiner opened the public hearing. Planner McMahan presented the staff report. Anneliese Rose has requested a special home occupation permit to allow a reflexology and reiki business insider her home located at 6417 Rebecca Court SE. A site visit was performed. The City has previously considered these types of businesses to be personal service shop. The application meets all of the 11 criteria. Sufficient parking can be provided. Staff recommends approval with one condition. The applicant is present, did not present additional testimony, and does not have a problem with the condition. Hearing Examiner indicated receipt of a letter from the Lakeland HOA which was marked as Exhibit 2. The HOA has determined that the in-home business is not a violation of the Lakeland HOA CC&Rs. Hearing Examiner closed the public hearing. She indicated that she will approve the request and the written decision will be issued within 10 days. 2. APPLICATION NO. VAR03-0008 Hearing Examiner opened the public hearing. Planner Martin presented the staff report. Kurt Keepfer has requested a variance to allow a porch to encroach into the front yard setback at his house located at 204 Pike Street NE. He gave a brief history of the application. Applicant did not receive building permits for the porch and in fact received violation notices. The variance would resolve some of the violations. The property was platted in 1912 and the house constructed in 1922. The request meetings the variance criteria. The majority of houses in the area were constructed without the setback required under current standards and the house is consistent with adjacent homes. Staff recommends approval with one condition. Hearing Examiner suggested changing the words `subject structure' to 'porch' and Planner Martin agreed. Mr. Keepfer is hoping variance will be approved. He will get permits or do any required changes. The porch was rebuilt the same way as it was. The old porch was a safety hazard. There was no public testimony and the public hearing was closed. Hearing Examiner will issue the written decision within 10 days. She indicated she will approve the variance. •------j 3. APPLICATION NO. CUP03-0006 Hearing Examiner opened the public hearing PAGE 1 HEARING EXAMINER MINUTES SEPTEMBER 16 2003 Planner Martin presented the staff report. Auburn Church of the Nazarene had requested a conditional use permit to allow a change in the current use of a church parsonage to a church activities facility. The project site is located at 1202 28th Street SE. He spoke about the conditional use permit approved in 1983. He amended Finding of Fact 5, the existing structure has a one car garage and driveway. The change of use will require additional parking and he explained how that is calculated. The proposed activity will require a building permit to change from residential occupancy as well as address consistency with the uniform code requirements and construction standards. The use of the building as a day care facility will require additional improvements in the occupancy rating of the building. This is not being proposed, but he wanted the record to reflect the additional requirements associated with that possibility. The expansion of church services will not create adverse impacts. Staff recommends approval with three conditions which were reviewed. Planner Martin requested that Hearing Examiner leave the record open to September 19 for observance of the SEPA comment period. Hearing Examiner asked if the church is offering a day care center now and Planner Martin replied that the principal structure has a day care facility. Dennis Combs, applicant's representative, is present. In response to Hearing Examiner questions, he said the day care facility has been in operation for 20 years. Part of the parking lot is used as a play field. Kindercare uses the play field in the building. They are licensed for 95 children, but probably have 70. He understands the three conditions. Annette Hull, 1408 28th Street SE, is concerned about what the church is doing and the way it sits now. There is hardly any parking now. The day care is in the back on the asphalt. There is a four way stop on 29th Street. She spoke about traffic congestion. People are using the streets for access/bypass to Lakeland. When people come to pick up their kids they park on M Street which blocks the roads. She is surprised that no one has gotten hurt. By adding the new use and changing, this will create additional congestion. Will they park? She sees the church parking at the back, but most park on the sides of the street. She does not see kids on the front yard, why not fence this and use the asphalt that kids play on for parking? She is concerned about impacts to the infrastructure and that she will have to pay for sidewalks. Will the new activity create situation that the folks on 28th have to hook up to sewers? Tina Fiefield, 1210 28th Street, lives two doors down and is also concerned about parking. M Street is in total chaos due to parking for the day care. People drop off and pick up kids at the house on the corner. People are parking in front of everyone's home and walking back. She wondered if the fence located behind the house that divides the existing church lot will stay? She does not want the kids to overflow into the yard of the house. She would like the church to use the back parking lot for the playground instead of the front lot for the playground. This is not a quiet residential neighborhood. Another business type activity or more activity at the corner creates more noise. The street is already too busy. Planner Martin said the applicant will rely on the parking lot associated with the church. No new parking is to be created and no additional on-site parking will be created. James Thomas, 1208 28th Street, said the day care has been in service 20 years, with 75 kids screaming all day long. The band plays at the church on Sundays, leaves the doors open, and the music is too loud. What will the building be used for? Will church provide sidewalks down the street. There are no sidewalks in the area now. Between 3:00 pm -6:00 pm the street is very congested and dangerous for kids. People drop off/pick up kids, cannot park in the lot, and park on the street, kids walk down the street. Kids play on the concrete all day long. People will not park on 29th and walk a quarter -mile to get to the building. People park in front of their houses. When the day care was allowed, the parking lot was not be a play area. PAGE 2 HEARING EXAMINER MINUTES SEPTEMBER 16 2003 Planner Martin advised that the church will have to resolve the parking issue. He visited the site twice and both times were Monday to Friday, the parking lot gate was open and parking lot and play areas were unoccupied. He will ask the church to speak to parking accessibility. Related to infrastructure, and if this use will draw the need for considerably more water, or sewer capacity, or stormwater runoff, versus other uses that are already permitted in the zone, there could be a slight increase. Staff does not feel the proposed use as described by the applicant will create any adverse impacts. Regarding sidewalks, the site would potentially, as it is converted from residential to commercial, may be required to do half -street improvements. The subject site has sidewalks along 28th street and sidewalks on M Street side and sidewalks end at the subject site. For the City to require sidewalks at other locations, there must be a demonstrated need for sidewalks directly related to applicant's project. Hooking up to sewer is King County Health Department requirement that as septic exists, staff understands septics can continue to exists as long as it is in good repair. When septic fails and sanitary sewer is available, King County will refuse to issue permits requiring the connection to sewer. This is not City requirement, but King County requirement. Sanitary sewer is provided by the City and connection would be mandated by King County. Use of the site by the church has no implication that off site properties would have to complete sidewalk improvements or connect to the sewer system. Hearing Examiner believes that people will not walk a long distance so how do you enforce parking in the church lot? Planner Martin remarked that 28th Street is designed to accommodate on -street parking; M Street is an arterial, but he is not sure of the amount of parking permitted on M Street. Hearing Examiner suggested amending the condition to require that anyone visiting or working at the site park in the lot. The neighbors say the lot is being used as a playground. Can City enforce the requirement that parking be in the church parking lot versus on the street? Planner Martin said that in the past the City has imposed similar conditions such as employees parking at a certain location. The church could define approaches to better emphasize the fact that parking is required in a certain location and users of the site must park in designated areas. Staff will consider particular language of what to say in the condition. Hearing Examiner inquired what kind of senior activities are proposed. Mr. Combs said that input from the public is appreciated and he was unaware of some of the issues. Regarding parking, there is flexibility within the church complex property now. Where the east side of the church lot is available all day for the safety and security of the day care, they have closed the north side of the property parking lot. They have flexibility to be able to designate parking lots and reserve for employee and visitors and still separate the day care activity and not hinder them and still provide access to the building. They also have additional property not in use which is a grassy area that could be considered for additional off-street parking. The residence is on sewer. A number of activities were identified by the church board. They are running out of room to accommodate activities in the existing building. Some activities considered are senior bible study groups, bible study group for youth, bible study for college students, and bible study for kids. They also saw a need for the youth pastor to have his office moved from the church to this site. The youth pastor conducts counseling sessions for kids in 7th to 12 grades. The building would be used after hours of day care and would not overlap people and cars. Hearing Examiner asked about the noise of the band as mentioned by a neighbor. Mr. Combs said the youth band plays in the church on Sundays and practice in evenings. He is aware that they open the doors in the summer for air, but was not aware that noise was disturbing neighbors and this can be corrected. Hearing Examiner asked why the day care kids play in the parking lot. Mr. Combs said the kids do play in the parking lot during the day care hours and play tag ball. The parking lot is surrounded by a fence which is locked during the day. The lot is dedicated for use of the day care facility. Hearing Examiner wanted to confirm that the day care facility does not have specified drop off or pick up areas; that parents just pull up on the street and drop off the kids and this causes traffic jams. Mr. Combs replied yes, for convenience. Parents do drop off and pick up on M Street. M Street is on the west side of PAGE 3 HEARING EXAMINER MINUTES SEPTEMBER 16 2003 the building, east side is drop off and pick up and some walk through to drop off kids. They could emphasize or redirect people to drop off to facility. Hearing Examiner will take this matter under advisement. She may try to view the site during the week instead of during the weekend. She will keep the record open until September 19 and issue the written decision 10 days from that on or about September 30. The parties can submit additional comments by September 19. 4. APPLICATION NO. REZ03-0003 Hearing Examiner opened the public hearing. Planner Martin presented the staff report. Greg Swain has requested to rezone property from the existing R-3, Two Family (Duplex) Residential to C-3, Heavy Commercial. The property is located at 203 — 23rd Street SE. The subject site has a transitional designation on the Comprehensive Plan map and has split land use designation here. Staff recommends denial of the rezone request. Staff has suspended processing of the SEPA checklist pending the outcome of the rezone. He spoke about the 23rd Street right of way and the street is listed as unclassified in the Transportation Plan. He mentioned the adjacent land uses. Applicant has also requested a CP map amendment change from moderate density residential to heavy commercial. The character of the area is residential and does not support change to heavy commercial. He pointed out the chapter of CP that does not support rezone request. The applicant's intended use may have less impact; however, once the rezone change is made, any use permitted in C3 zone is permitted outright. Other heavy commercial uses in the area would have a more adverse impact on the area. The applicant's proposed use may not provide potential impacts of other uses which would be relevant if going through the conditional use permit or administrative use permit process. If rezoned to C3, then City loses any discretionary ability. Heavy commercial uses are not consistent with the character of 23`d Street SE corridor. Bill Moffett, applicant's representative, distributed information to the Hearing Examiner and staff in response to the findings of fact and conclusions contained in the staff report. Regarding Fact 3, it was developed with single family unit and historically used as a storage area. The subject lot and adjacent lot to the east were used as contractor storage yard for communication company for years. He showed photo from 1989 of the site used as a storage site. Regarding Fact 7 parcel 8695200053, south of said parcels was used as commercial body shop in 1990s and should have been retained as commercial property. He has 1985 photo of the body shop which was inadvertently rezoned. Mr. Moffett continued by saying that under Conclusions 1, parcel is included in heavy commercial area. On the color map there is a white buffer of "no man's land" and is included in Comprehensive Plan as heavy commercial and covers half of the parcel. Parcel to the east of that is zoned C3 now and is partially encumbered by Comprehensive Plan. The parcel was used commercially for 15 years. Under Conclusion 2, the immediate area surrounding the mobile home park is commercial with M2 to the south, C3 and R3 to the north, and R3 to the east. There are high density apartments. He had a photo showing the general area of the vicinity showing industrial use on both sides of the mobile home park. Under Conclusion 3, said how the parcel was historically used and would not constitute a creep into residential area. Any possible future C3 development could be dealt with by improvements of 23`d Street or access through the adjacent C3 parcels. Mr. Moffett identified that 23rd has two commercial accesses; one is Swain's and the second is on 23`d Street. Under Conclusion 4, any adverse affect on residential property would be minimal because of the mobile home park and high density apartments. The surrounding adjacent lots are primarily commercial. Related to traffic, on September 8, they met with David Osaki, Sean Martin and Joe Welsh to resolve traffic impacts. No letter has been received from Joe Welsh regarding 23rd Street improvements. Resolved by road department that if establish a 24 foot road surface with five feet of sidewalk surface with curbs, road could be adequate to accommodate commercial traffic off 23rd Street. There are no sidewalks PAGE 4 HEARING EXAMINER MINUTES SEPTEMBER 16 2003 on 23d Street, it is a one lane road. Off 23rd Street are two commercial access to commercial buildings; one is to Norstar and capable of being improved. He referred to a dimension map that shows 30 foot strip right of way is available. An overlay photo showing existing right of way boundaries and parcels. Greg Swain, Norstar Industries, said they have been in Auburn for last 12 years and have experienced some growth. They needed storage area in order to be able to stay in the area. Planner Martin commented that in terms of the historical uses of adjacent properties, he can look at those uses and does have aerial photos to review and will make them available to Mr. Moffett. However, he cannot speak to historical uses of adjacent properties tonight. Staff had identified in its recommendation that the use of the site by applicant is not likely to create adverse impacts to adjacent uses. However, the imposition of C3 zoning and the use of any C3 permitted use could be used and these uses would have significant impacts and the 23`d Street corridor cannot accommodate those impacts. He does not believe that Joe Welsh has had an opportunity to memorialize their meeting notes. He will remind contact Joe in the morning and that letter will be forwarded to the applicant and Hearing Examiner. In response to Hearing Examiner questions, Planner Martin said that the Comprehensive Plan map is not parcel specific. The white area separating the color areas is a transition area between the two contiguous designations. In response to Hearing Examiner inquiries, Mr. Moffett showed additional photographs. Hearing Examiner marked the packet and photos from Mr. Moffett as Exhibit 2. She marked the additional photos from Mr. Moffett as Exhibit 3. Hearing Examiner marked the description of the business as Exhibit 4. Ray Werner, own and lives east of the property at 215 23rd Street SE, owns a body shop since 1970 and just does own personal work now. He sold the property to Greg Swain in 1987. After he bought it had storage yard, construction company, and rented to Mr. Swain. There is no reason why the property cannot be rezoned. His property was C3 in the past. There is all kinds of traffic from the apartments. Planner Martin would like the record left open so that Joe Welsh, Transportation Planner, can memorialize the discussion held earlier with Mr. Swain and Mr. Moffett. Hearing Examiner will leave the record open until September 26. Hearing Examiner will leave the record open to September 23 for the City to respond to Exhibits 3 and 4 to and issue the written decision 10 days from then. DO suggested that the applicant might want to respond to the City's comments. Mr. Moffett indicated that he will want to respond to the City's comments. Hearing Examiner indicated that additional material from the City is due September 23, and the applicant response is due September 26, and the written decision by October 1. ADJOURNMENT With no further items to come before the Hearing Examiner, the meeting was adjourned at 9:00 p.m HE\AGNDUAIN09-2003 PAGE 5