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