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HomeMy WebLinkAboutITEM VII-BWASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Conditional Use Permit Application No. CUP03-0007 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 15 units in 5 tri-plex buildings on a 70,000 square foot lot in an R-3, Duplex Residential 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 CUP03-0007 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.B AUBURN * THAN YOU IMAGINED CONDITIONAL USE PERMIT APPLICATION · APPLICANT'S NAME Sec. Twp. Rug.: Area Code: Scheduled Public Hearing: Staff Project Coordinator: APPLICATION NUMBER Zone Existing: Request: Date Received: ~-~ o Not Write ve This Line APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (eXcept signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we) Dennis Clark, the undersigned, OWNER(S) of property numbered opposite my (our) name(s) hereby petition for a Conditional Use Permit for the following use: A conditional use permit is requested to allow construction of a total of five new triplex apartment buildings, totaling 15 units, to be added to the two existing duplexes, for a total of 19 apartment units to be located on a 70,185 square foot lot (after street vacation) zoned as R-3 in Auburrg Washington. The project is located along the south side of 3rd ST SE, approximately 210 feet east of"M" Street SE in Auburn, WA.' The proposed project will include construction of a total of 5 separate triplex apartment buildings, totaling 15 new units combined with the remodeling and reconfiguration to one of the existing duplex apartments. Site work improvements including paving, drainage and landscaping for the entire site are included. The existing zoning for the lot is R-3, Duplex Residential. Section 18.16.030 (g) of the zoning code requires a Conditional Use Permit for a Multiple Family Dwelling subject to 3,600 sfoflot area for each unit. The proposed 5 triplexes and 2 existing duplexes units will meet the density requirement and conform to all appropriate provisions of the zoning and land use codes. A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification? The existing lot is approximately 70,185 sfin size, a majority of this lot is vacant and unused. The size of the existing lot is such that it is too large to be utilized solely for a single duplex. The proposed triplexes will allow for effective and efficient use of the property, will conforming to the specific requirements of the code.. B. Why is this Conditional Use Permit compatible with the other existing uses in the .. neighborhood? The current uses in this area are predominately apartments and multi-family housing. There is a mixture of duplexes and small apartment complexes adjacent to the proposed project. The proposed development would be consistent with the adjacent land uses. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? The current zoning for the site is for duplex apartments, the CUP request is to allow for additional units based upon the size of the lot and the prescribed density provision of the zoning code. D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? The comprehensive plan designation for this area is Transition: MDR to Office Residential. The proposed CUP is for a single triplex which is consistent with the MDR (medium density residential) designation~ 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 NAME, ADDRESS AND PHONE NUMBER SIGNATURE(s) NUMBER (Please Print) .~ ~g 264800- Dennis Clark _ 0137 ~~ DESIGNATED CONTACT PERSON: Name: Andy J. Rykels, P.E. Rykels Engineering Group, Inc. Address: 28301 183rd Ave SE City/Phone: Kent, WA 98042 253-631-6598 LEGAL DESCRIPTION OF PROPERTY LOTS 27 & 28, EAST AUBURN ACRES, ACCORDING TO THE PLAT RECORDED IN VOLUME' 14 OF PLATS, PAGE 41, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH '180 FEET OF SAID LOT 28L EXCEPT THE NORTH 50 FEET OF THE SOUTH 200 FEET OF SAID LOT 27 AS CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 6066547. FEE PAYMENT: $750,00 plus $350.00 for SEPA checklist Cashier's Initials 03 D0 3'4 Date Received ~-c~-~)3 Peter B. Lewis, Mayor 25 west Main Street, Auburn WA 98001-4998 · www. ci.aubum.wa.us, 253-931-3000 FINAL DETERMINATION OF NON-SIGNIFICANCE SEP03-0036 DESCRIPTION OF PROPOSAL: The request for a conditional use permit for construction of 15 units in 5 tri-plex buildin.qs on a 70,200 square foot lot. 'The proposal also includes the sit,:, preparation activities and the installation of associated utilities. PROPONENT: Andy Rykels, Rykels Enaineerin.q Group for Dennis Clark. LOCATION: The south side of the 1100 block of 3r~ Street SE, approximately 225-feet east the "M" Street SE corridor. LEAD AGENCY: City of Aubum 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: DATE ISSUED: November 24, 2003 Paul Krauss, AICP Director of the Department of Planning & Community Development 25 West Main Street Aubum, Washington 980~71/ (253) 931-309~-~//~,. SIGNATURE: ~--~~ 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 15, 2003. 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 to construct 15 units in 5 tri-plex buildings on a 70,200 square foot lot. The proposal also includes the site preparation activities and the installation of associated utilities. Location: The south side of the 1100 block of 3rd Street SE, approximately 225-feet east of the "M" Street SE corridor. Date of Notice of Application: November 6, 2003 Permit Application Date: September 2, 2003 and November 4, 2003 Date of Notice of Completeness: November 4, 2003 File No: CUP03-0007 Applicant: Andy Rykels, Rykels Engineering Group for Dennis Clark. In addition to the rezone application, the applicant has also filed an environmental checklist application (SEPA File No. SEP03-0036). 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 this action. Additional permits in support of the applicant's building permit may be required and could include, but is not limited to permits for electrical, mechanical and plumbing. Additional Studies Provided with the Application: "Summary of Wetland Reconnassaince" Watershed Dynamics dated 10-31-03 Public Comment Period: You are invited to comment, request a copy of the addendum 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, Auburn, WA 98001- 4998 before 5:00 p.m. on November 21, 2003. AUBURN * MOKE THAN YOU IMAGINED Public Hearings: A public hearing is required for the project and is tentively scheduled for December 16, 2003 at 7:00 p.m. in the Council Chambers at Auburn City Hall. A separate notice for that hearing will be sent to you in the future. 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: The City has issued a Proposed Determination of Non- Significance, there are no mitigation measures identified. 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., SEP03-0036 or CUP03-0007. WASHINGTON Peter B. Lewis, Moyo; 25 ?c..d Mc~ $1roet, Auburn WA 98001-4998, www. ci.auixm~wa.us, 253.931.300( December 24, 2003 Dennis Clark Auburn Commercial Construction 3240 "B" Street NW, Unit A Auburn, WA 98001 RE: APPLICATION NO. CUP034)007 Dear Mr. Clark: 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. Director PK:pz Attachment cc: Rykels Engineering Group, Inc. Building Department Public Works Department City Clerk (interested persons) HE, DEC HE~EC~CUP03-0007 Findings and Decision Application No. CUP03-0007 ,,~ ~ 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: WRITIEN TESTIMONY: CUP034)007 Dennis Clark The request for a conditional use permit for construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot. 11XX 3rd Street SE, Auburn, WA September 2, 2003 Final Determination of Non-Significance issued November 24, 2003 December 16, 2003 December 24, 2003 Approved Scan Martin, Senior Planner Jack Parsons, Darrell Clair 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~D~3-0007 Page 2 Findings and Decision Application No. CUP03-0007 FINDINGS OF FACT Dennis Clark has applied for a conditional use permit that would allow construction of 15 units in 5 tri-plex buildings on a 70,200 square foot lot. The subject property is partially developed with two duplex sm~ctures located at the northern limits of the site..T~.e proposal will require the modification .of one of those.structures to adeqUately develop the remaining portiohs of the site. A conditional use permit is required when more than one (1) duplex structure per lot is proposed. Under the current proposal, the resultant density will be 1 unit for each 3,695 square feet of lot area, or approximately 11.8 units per acre. The R-3 zone permits 1 dwelling unit for each 3,600 square feet of lot area. The proposal will result in a lot coverage percentage of approximately 24%. The applicant has requested the street vacation of an approximate 4,497 square foot portion of right-of-way (dedication for an extension of 4'~ Street SE). The City does not intend to extend 4t~ Street SE further to the east. The vacation request is in process. If the vacation is not approved, the applicant will have an area of less than 66,000 square feet. The applicant must cons~uct a driveway to serve the rear portions of the lot consistent with current standards. The driveway must be a minimum of 24-feet in width. The adjacent right-of-way~ 3a Street SE is substandard for right-of-way width and development. A dedication of fight-of-way is needed to ensure the adequate completion of 3~ Street SE to City standards. The completion of half-street improvements associated with the subject lot will be administered in accordance with Code requirements. The amount of area required for the dedication is approximately 450 square feet. 7. An approved 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. 8. The contents of the case file CUP03-0007 and case file 8EP03-0036 for this Project are hereby incorporated by reference and made part of the record of this headng. At the lime of the public headng, there was no testimony in opposition to the proposal. HE~EC~CIJP03-0007 Page 3 Findings and Decision Application No. CUP03-0007 ..CONCLUSIONS OF LAW - The Hearing Examiner has concluded based on the evidence at the public hearing, the staffreport, and the materials in the file, that the conditional use permit maY be approved in that it is consistent with the following criteria necessary to ~rant 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.. It is not anticipated that the proposed expansion will cause any adverse effects to any of the adjoining uses. The nature and density of the proposal is consistent with adjacent lots and the antidpated density of the Zoning District. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed project is consistent with the Comprehensive Plan. The proposal complies with all requirements of the Zoning ordinance. The proposal 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. The proposal is consistent w~ the type of con~n in the area and 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 vidnity. The proposal will not adversely affect the public infrastruc~e. There is no indication that public infrastructure would be affected by the proposal. Page 4 Application No. CUP03-(RR)7 DECISION .. · F°r each °fth° ab°ye teas°m, the recommemlafi~ offl~ H~-i~g ~ to tho Auburn City Council on lMs ~ Use application is Approved, subject to the following conditions: 1. None. Dated this 24~' day ofDecember, 2003, ~ttothe authori4v ~ntedunder ChatRcr 18.66, Zoning Ordinance, City of Auburn REO~ FOR REC~NSIDERATiOi~I Any party of record who feels tho docision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may ~e a written request for ~:msi~on with l~e Hearing Examiner no later than seven days from the _,~*.e ofmaili%~ of the decision. Reconsideration requests should be addressed to: He~ulag Examiner, 25 West Main Street, Auburn, WA. 9g001-4998. ~CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Councifand will be considered bythe Council at their January 5, 2004, meeting. At the January 5, 2004, meeting Ihe Cotmcil may either affn-m the Examiner's recom _men~ remand the dec/sion back to the Examiner, or schedule a closed record public hearing.. Findings and Decision Application No. CUP03-0007 crrY.oF AUBURN ) ) COONT raN ) .DECLARATION OF MAIl. lNG On the 24s day of I)ecember, 2003, I depo~ i~ ~h¢ Unit~ Stat~ of America mail, postage prepaid, copies of the foregoing addressed to the applicant and parties of record. correct I declare under penalty,of perjury of the laws of the State of Washingt~ that the foregoing is ~ao ami Signed at Auburn this 24~ day of December, 2003. Department ofP]annhlg & Commllllity D~¥¢lopm~lt Page6