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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