HomeMy WebLinkAboutITEM VII-AWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Conditional Use Permit Application No. CUP03-0004 Date:
12/30/2003
Department: Attachments: Budget Impact:
Planning Application, site plan, DNS, Notice of
Application and Hearing Examiner's
report
Administrative Recommendation:
City Council to accept the Hearing Examiner's recommendation and direct the City Attorney to prepare
the necessary Ordinance for conditional use permit approval.
Background Summary:
The requested application is for a conditional use permit for the construction of a religious institution in a
R-O, Residential Office zone.
The Hearing Examiner held a public hearing on the request December 16, 2003 and recommended
approval of the application consistent with the staff recommendations.
O3.10.1 CUP03-0004
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: Singer Staff: Krauss
Meeting Date: January 5, 2004 Item Number: VII.A
AUBURN * THAN YOU IMAGINED
Conditional Use Permit for Heating Examiner - Page 5
CONDITIONAL USE PERMIT
APPLICATION
PROPERTY OWNEff'S NAME APPLICATION NUMBER
See. Twp. Rng.:
Zone Existing:
Area Code: Request:
Scheduled Public Hearing: (~/7-~3
Staff Project Coordinator: ~~ ~~
.***********************************************************************
~PLIC~T: CO~LE~ T~S FO~ ~ ~L E~S BErG ~ED (except
si~a~res) OR ~ATLY P~ED ~ I~. ~ ~DED SPACE IS ~EDED, A~ACH
T~ ~DI~ON~ ~Q~D PAGES TO T~S ~PLICATION.
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 eXl2!aining your broposed use.)/-t,'/~_o~9~./::r ..__
Howis'the proper~y involved in this application more-suitable for the Conditional
Use Permit than those uses permitted outright in the present zoning classification?
APPL\~CUP.APPL
Rev. 12/9/02
CONDITIONAL USE APPLICATION
Apostolic Assembly Church
924 M Street SE
Auburn, Washington
(Proposed Use of Approximately 1400 S.F. Building Shell with 2600 S.F. Addition)
How is the property involved in this application more suitable for the
Conditional Use Permit than those permitted outright in the present
zoning Classification?
Although the proposed Church use is not an outright permitted Use, the Office
Residential zoning designation allows it as a conditional use that will serve the
personal needs of the residents in the immediate area. A Church is a
Necessary social institution for the betterment of the human experience in any
neighborhood. Religious institutions strengthen personal development by
fostering religious doctrine in families and thus help enhance the viability of
residential neighborhoods.
The site has remained vacant and is currently an eyesore and does present a
negative image of the neighborhood. The addition of a place of religion will
be a positive use of the subject property.
Why is the Conditional Use Permit compatible with the other existing
uses in the neighborhood?
The area is largely a residential community with a mixture of offices and
Ancillary land uses. There are Churches in the area who serve people of
different faiths and the proposed new Church will help serve those groups
Who practice a different religion?
The proposed Conditional Use fOr a Church will meet all of the development
Standards of the City of Auburn and will be a quality addition to the
Residential area.
0
Why is this Conditional Use Permit Compatible with the existing zoning
in the area?
It is recognized as a common and necessary land use for any residential
Neighborhood. It is permitted as a Conditional Use provided it complies with
Development standards for this type of land use. It will be set back
Substantially fi:om M Street and traffic will be properly controlled on and off
The site.
The area is mostly residential and community Churches located along busy
Arterials adjacent to residential areas will require less cross town traffic and
Generally minirni?e llaffic congestion.
Why is this Conditional Use Permit consistent with the Comprehensive
Plan for the area?
The Comprehensive Plan designates the area as Office/Residential and
· Churches are permitted in the area under the RO zoning designation of the
Auburn Code.
The proposed use will be located along a busy street that is adjacent to a
mostly residential area. Church uses are a typical and desirable land use in
residential neighborhoods. Many people prefer churches located near the
place where they live. It strengthens family relations and helps to improve the
quality of life in residential neighborhoods.
Conditional lJse Permit for Heanng Examiner - 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 READ AND
'UNDERSTOOD THE CONTENTS ' OF THIS APPLICATION AND ITS
ATTACHMENTS
PARCEL
NUMBER
NAME~ ADDRESS AND PHONE NUMBER
(Please Prino
SIGNATURE
DESIGNATE]) CONTACT PERSON:
CitY/Phone:
PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS. APPLICATION.
APPLV'CUP-APPL
Rev. 12/9102
Conditional Use Permit ~'or Hearmg Examiner - Page 8
LEGAL DESCRIPTION OF PROPERTY
FEE PAYMENT: $750.00 for residential; $1,000.00 for commercial Plus $700.00 for an
Environmental Checklist T.R. #
Cashier's Initials
Date Received
APPLV'CUP-APPL
Rev. 12/17/02
EXHIBIT A
The North 100 feet Of the following described tract of land:
That portion of Government Lot 8 in Scction 19, Township 21 North, Range 5 East, WJVI., in King
County, Washington, described as follows:
Commencing at the Northeast comer of said Lot 8;
THENCE South $$o 51' 00" West along the Northerly line of said Uot $ a distan~ of 1,000 feet to the
Northwest comer of a tra~ of land conveyed to the Northern Bac/fic Railway Company by deed recorded
in Volume 319 Page 356, records of King County;
THENCE South 08° 01' West along thc Westerly line of said Railway Tract 521.24 feet to the true point
of beginning of the Tract herein described;
THENCE continue South 08° 01' West along said Westerly linc of Railway Tract 148.12 feet;
THENCE West 218.55 feet to thc West linc of said Government Lot 8;
THENCE North along said West 1/nc 150 feet;
THENCE Bast 239.75 feet, more or less, to the true point of beginning;
EXCEPT the West 30 feet thereof deeded to King County for road.
End of Schedule A
Page 3 of 9
OrderNumber:322963
WASHINGTON
Peter B. Lewis, Mayor
25 w~.~-t Main Street, Auburn WA 98001-4998 · www.ci.aubum.wa.us ~ 253-931-300~
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP03-0020
DESCRIPTION OF PROPOSAL
The request for a conditional use permit for a reli.qious institution in the R-O, Residential Officc
district. The propogal also includes the construction of a 2,400 square foot addition to an
existin.q 1,400 square foot buildin,q. In addition, the proposal includes the renovation of tha
existin.q buildin.q and the site preparation activities and the installation of associated utilities.
PROPONENT
Pastor Juan Cados Feliciano, Apostolic Assembly Church
LOCATION
924 "M" Street SE
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.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATEISSUED:
November 10, 2003
Paul Krauss, AICP
Director, of the Department of
Planning & Community Development
25 West Main Street
Auburn, Washington 98001
SIGNATURE:k._.2
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.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. on December Ii 2003.
CITY OF
AUBURN
WASHINGTON
Peter B. Lewis, Mayor
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: The request for a conditional use permit for a religious
institution in the R-O, Residential Office district. The proposal also includes the construction of
a 2,400 square foot addition to an existing 1,400 square foot building. Also, the proposal
includes the renovation of the existing building and the site preparation activities and the
installation of associated utilities.
Location: 924 "M" Street SE
Date of Notice of Application:
October 23, 2003
Permit Application Date:
April 28, 2003, August 26, 2003 and
October 16, 2003
Date of Notice of Completeness:
October 17, 2003
File No: CUP03-0004
Applicant:
Pastor Juan Carlos Feliciano
Apostolic Assembly Church
In addition to the Conditional Use Permit application, the applicant has also filed an
environmental checklist application (SEPA File No. SEP03-0020). Based on the City's review
of this environmental checklist application, the City expects to issue a Determination of Non-
Significance (DNS) for the proposal in accordance with the optional DNS process identified in
WAC 197-11-355. The review process for approval of the proposal may include requiring
mitigation measures under applicable codes and imposition of mitigation measures regardless
of whether an Environmental Impact Statement (ELS) is prepared. This may be your only
opportunity to comment on the environmental impacts of the proposal.
Other Permits Required: No other permits are required for the issuance of the Conditional
Use Permit, however, the applicant must obtain a Building Permit, permits in support of the
Building Permit that may include, but are not limited to, plumbing and facility extension permits.
Additional Studies Provided with the Application: None
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
AUBURN * MORE THAN YOU IMAGINED
the Auburn Department of Planning and Community Development at 25 West Main, Auburn,
WA 98001-4998 before $:00 p.m. on November 7, 2003.
Public Hearings: A public hearing is required for the project and has been tentatively
scheduled for Tuesday December 16, 2003 at 7p.m. in the Council Chambers of City Hall. A
notice of that hearing will be sent to you as that date approaches
Statement of Consistency and List of Applicable Development Regulations: This proposal
is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan,
Uniform Building Code, Uniform Fire Code and Auburn Design and Construction Standards.
Proposed Mitigation Measures: There are none proposed at this time.
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., SEP03-0020 or CUP03-0004
Peter.B. Lewis, Mayor
,~I-IINJ~GTO~N .... 25 West IVla~n Stmet · Aubum WA 9=!-4998, www. ci.aubum.wa.us, 253-931.300~
December 24, 2003
Pastor Juan Carlos Feliciano, Apostolic Assembly Church
19611 133rd Avenue Court East
Graham, WA 98338
RE: APPLICATION NO. CUP03-0004
Dear Pastor Feliciano:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on December 16, 2003. The City Council will consider your request on January 5, 2004 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.
PK:pz
Attachment
cc:
Knights Construction / Development Firms, Inc
Building Department
Public Works Department
City Clerk
(interested persons)
H~DECSCUP03-04
AT IRT ID I~l ~ ~AC~n ~ 'r~s ~T vtn~ ~ ~ s~.,mn
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 -0004
Pastor Juan Carlos Feliciano, Apostolic Assembly Church
The request for a conditional use permit for a religions institution in
a R-O, Residential Office zone
924 "M" Street SE, Auburn, WA 98002
April 28, 20O3
Final Determination of Non-Significance issued November 10, 2003
December 16, 2003
December 24, 2003
Approved
Sean Martin, Senior Planner
Elmore Williams, III
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~EC~CUP034)004
Page 2
Findings and Decision
Application No. CUP03-0004
FINDINGS OF FACT
Pastor Juan Carlos Feliciano, Apostolic Assembly Church, has requested a conditional use permit to
allow a religious institution in a R-O, Residential Office zone Auburn City Code Section
18.22.030(AX6).
2. The site contains an existing partial building shell that will be incorporated into the final construction
design.
3. An approve~t site plan is a component of conditional use permit approval, in accordance with Auburn
City Code 18.64.030.C. The applicant's site plan is generally consistent with the Code requirements.
4. The applicant has coordinated with the City's Storm Utility related to the on-site water quality and
quantity control requirements.
o
10.
11.
For religious institutions, the Zoning Code requires one off-street parking space per five seats. The
Code required parking for religious institutions is calculated based on the size of the floor area occUPied
by chaffs when portable seats are proposed (with each seven square feet of floor space occupied by
chaffs to count as one seat), or on the linear inches of bench or pew when fixed seats are proposed (one
seat is equal to 18 inches of pew or bench length).
12.
The proposal indicates that 24 parking stalls are proposed to serve a sanctuary of approximately 1,632
square feet. This would be inadequate based on the code calculation for off-street parking based on
portable seating. Even with the code provision for one parking space for each five seats if the seats are
in a fixed configuration seems quite inadequate. HoWever, there is not a legal basis to require the
applicant to provide more parking than the Code requires.
The applicant has indicated that pews (fixed seating) can be used at the church and that this will provide
sufficient seating for the church consistent with the limitation imposed by the 24 parking stalls being
provided.
The applicant does not have the ability to provide additional on-site parking under the current design so
measures are necessary to ensure that the proposal can meet or exceed Code requirements for off-street
parking.
A building permit is required for the proposal. The applicant shall provide evidence during plan review
for the permit to demonstrate to the Building Official that the proposal provides off-street parking
consistent with the requirements of Auburn City Code.
The proposed kitchen and daycare facilities will be required to meet the applicable requirements of the
Uniform Building Code and Uniform Fire Code, which may require modifications to the internal layout
and the addition of fire sprinklers.
The Zoning Code requires a 1 O-foot width of landscaping along the street frontage and rear property
lines of the subject site. No landscaping is required by the Code along the north or south property lines.
The contents of the case file, CUP03-0004 and case file SEP03-0020 for this project are hereby
incorporated by reference and made part of the record of this hearing.
13. At the time of the public hearing, there was no testimony in opposition to the request.
HE'OEOCU~3-0004
Page 3
Findings and Decision
Application No. CUP03-0004
CONCLUSIONS OF LAW
The Hearing Examiner has concluded based on the staff report, the evidence elicited during the public hearing
and a subsequent view of the site, 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.
The use will hav~ 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 proposal will cause any adverse effects to any of the adjoining uses beyond those
of generally permitted uses. The R-O Residential Office zone allows for commercial uses that may be
developed consistent with the parameters of the proposed building and parking area. Although the Hearing
Exam.. iner questions the adequacy of the parking, the applicant is complying in full with the parking
reqmrements for churches as set forth in the Zoning Ordinance for this proposal.
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
The proposed project is consistent with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal 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.
The proposal is not expected to alter the character of the lot or building in ways that would be inconsistent or
inappropriate with the existing character of development or uses in the immediate vicinity.
5. The proposal will not adversely affect the public infrastructure.
There is no indication that public infxastmcture would be affected by the prOPosal.
HE~EC~CUP03-0004 Page 4
Finc~gs and Decision
Application No. CUP03-0004
DECISION
For each of the above reasons, &e recommendat'on of file Heating Examiner to tho Auburn City Council on this
CondRional use appl/cation is Approved:
Dated this 24* day ~fDecember, 2003, pursuant t°the authority granted under Chapter 18.66, Zoning
Ordinance, City of Aubur~
Diane L. VanDerbeek, Hearing Examiner
REOUEST FOR RECONSIDERATIO~I
Any party of record who feels tho decision of tho 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, Aulmm, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner lsa recommendation to the City Council and will be considered by the
Council at their January 5, 2004, meeting. At the January 5, 2004, meeOag the Council may either affirm thc
Examiner's recommendation, remand the decision back to tho Examiner, or schedule a closed record public
hearing.
HE~3~
Pago5
Findings and Decision
Application No. CUP03-0004
DECLARATION OF MAILING
CITY OF AUBURN )
)
COUNTY OF KIN~ )
On the 24a day of December, 2003, I deposited ;into the United States of America mail, postage prepaid,.
copies of the foregoing addressed to the applicant and parties of record.
I declare under peoalbj ofpe0my of the laws of tho State of Washington that the foregoing is true and
Signed at Auburn this 24~ day of December, 2003.
Deparanent of Planning & Community Development