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HomeMy WebLinkAboutItem VIII-A-2WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Date: Ordinance No.5794 October 14, 2003 Department: Attachments: Budget Impact: Ordinance No. 5794 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5794. Background Summary: Ordinance No. 5794 would authorize the conditional use permit for the Auburn Church of the Nazarene to convert and utilize an existing single-family residence to support church activities. The property is located at 1202 28th Street SE. HE\ORD-RES\ORD5794 L1020-2 O3.10.1 CUP03-0006 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: Krauss Meeting Date: October 20, 2003 Item Number: VIII.A.2 AUBURN * THAN YOU IMAGINED ORDINANCE NO. 5794 AN ORDINANCE OF THE CITY OF AUBURN., KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CHURCH ACTIVITIES IN THE R-2, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 1202 28TM STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0006 dated AUGUST 12, 2003 was submitted to the City of Auburn, Washington, by DENNIS COMBS, for a Conditional Use Permit to allow church activities in the R-2, single family residential zoning district located at 1202 28th Street SE, 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 September 16, 2003, and the Hearing Examiner recommended approval of the application on September 29, 2003; and WHEREAS, on October 6, 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 church activities in the R.-2, Single Family Residential Zoning District on property located at 1202 28th Street SE, Ordinance 5794 October 15, 2003 Page 1 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. 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 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. Ordinance 5794 October 15, 2003 Page 2 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. ^ 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 Ordinance 5794 October 15, 2003 Page 3 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. 10. The applicant should consider a lot line adjustment to consolidate the properbj 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 Ordinance 5794 October 15, 2003 Page 4 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-O006, 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 Ordinance 5794 October 15, 2003 Page 5 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 permitted shall be limited to ensure that residential character. addition, the extent of alterations the structure retains its existing 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 Ordinance 5794 October 15, 2003 Page 6 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. The proposal complies with all requirements of the Zoning Ordinance. As conditioned, the proposal complies or is capable of complying with the Zoning Ordinance. 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 For each of the above reasons the Hearing Examiner recommended approval of the Conditional Use permit to the Auburn City Counsel subject to the following conditions: Ordinance 5794 October 15, 2003 Page 7 liT'IT*T- 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. 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 bea shorter walk. There shall be signage designating the parking for the facility. Ordinance 5794 October 15, 2003 Page 8 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 require a new Conditional Use Permit application which will be reviewed subject to the standards in place at the time of application. 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 church activities in the R-2, Single Family Residential Zoning District, located at 1202 28th Street SE, and as identified on Exhibit "A" attached hereto and incorporated herein 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 Ordinance 5794 October 15, 2003 Page 9 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. 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. 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 require a new Conditional Use Permit application which will be reviewed subject to the standards in place at the time of application. in the City of Auburn, County of King, State of Washington. 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. Ordinance 5794 October 15, 2003 Page 10 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. Section 5. 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: Ordinance 5794 October 15, 2003 Page 11 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk D~niel B. ~ City Attorney PUBLISHED: Ordinance 5794 October 15, 2003 Page 12 Om o ~ ZO 0 m X rn C Z o C o ~ z