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HomeMy WebLinkAboutITEM VIII-A-3~ITY OF WAS H I NGTON AGENDA BILL APPROVAL FORM Aqenda Subject: Ordinance 5826 Department: Planning Attachments: Ordinance 5826 Date: 1/14/2004 Budget Impact: Administrative Recommendation: City Council to adopt Ordinance 5826. Backclround Summary: City Ordinance 5826 approves Conditional Use Permit CUP03-0004, authorizing a religious institution in a R-O, Residential Office zone at 924 "M' Street SE. O3,10.1 CUP03-0004 Reviewed by Council & Committees: [] Arts Commission COUNCIL COMMITTEES: [] Airport [] Finance [] Hearing Examiner [] Municipal Serv. [] Human Services [] Planning & CD [] Park Board []PublicWorks [] Planning Comm. [] Other Reviewed by Departments & Divisions: [] Building [] M&O [] Cemetery [] Mayor [] Finance [] Parks [] Fire [] Planning [] Legal [] Police [] Public Works [] Human Resources Action: Committee Approval: []Yes []No Council Approval: []Yes []No Referred to Until Tabled Until Call for Public Hearing / / / / / / Councilmember: Singer Meeting Date: January 20, 2004 Staff: Krauss Item Number: VIII.A.3 AUBURN · MORE THAN YOU IMAGINED ORDINANCE NO. $ 8 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A RELIGIOUS INSTITUTION IN A R-O, RESIDENTIAL OFFICE ZONE LOCATED AT 924 "M" STREET SE, WITHIN THE-' CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0004 dated April 28, 2003, was submitted to the City of Auburn, Washington, by Pastor Juan Carlos Feliciano for a Conditional Use Permit for a religious institution in a R-O, Residential Office zone located at 924 "M" Street, SE, within the City of Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examin,er 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 December 16, 2003, the Hearing Examiner recommended approval of the application on December 24, 2003, and WHEREAS, on January 5, 2004, the City Council considered said application; and approved Hearing Examiner's recommendation for the issuance of a Conditional Use Permit for a religious institution in a R-O, Residential Office zone, on property located at 924 "M" Street SE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: Ordinance5826 January 14,2004 Page 1 o. 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(A)(6). The site contains an existing partial building shell that will be incorporated into the final construction design. An approved site plan is a component of conditional use permit approval, in accordance with Auburn City Code 18.64.030C. The applicant's site plan is generally consistent with the Code requirements. The applicant has coordinated with the City's Storm Utility related to the on-site water quality and quantity control requirements. 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 chairs when portable seats are proposed (with each square feet of floor space occupied by chairs 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). The proposal indicates that 24 parking stalls are proposed to serve a sanctuary of approximately 1,632 square feet. This would be adequate Ordinance 5826 January 14, 2004 Page 2 10. based on the code calculation for off-street parking based on protable 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 necessa~ry 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 Aubum City Code. The proposed kitchen and daycare facilities will be required to meet the applicable requirements of the Uniform Building Code and Uniform Fire O~inance5826 Janua~ 14,2004 Page 3 Code, which may require modifications to the internal layout and the addition of fire sprinklers. 11. The Zoning Code requires a 10-foot width landscaping along the street footage and rear property lines of the subject site. No landscaping is required by the Code along the north or south property lines. 12. 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. ! 3. At the time of the public hearing, there was no testimony in opposition to the request. CONCLUSIONS OF LAW The conditional use permit may be approved in that it is consistent with the following criteria necessary to grant 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 proposal will cause any adverse effects to any of the adjoining uses beyond those of generally pem3itted uses. Ordinance 5826 January 14, 2004 Page 4 o 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 Examiner qu~estions the adequacy of the parking, the applicant is complying in l=ull with the parking requirements for churches as set forth in the Zoning Ordinance for this proposal. 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 not expected to alter the character of the Io1: or building in ways that would be inconsistent or inappropriate with the existing character of development or uses in the immediate vicinity. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. Ordinance 5826 January 14, 2004 Page 5 DECISION For each of the above reasons, the Hearing Examiner approved the application for the Conditional use permit; WHEREAS, the City Council accepts the Findings, Conclusions end Decision referred to hereinabove. 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 for a religious institution in a R-O, Residential Office zone Subject to the conditions as set forth above on property located at 924 "M" Street SE, in the City of Auburn, County of King, State of Washington, and as identified hereinabove. Section2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Severability. The previsions 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 circumsl~ances. Ordinance 5825 January 14, 2004 Page 6 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. 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: ATTEST: PETER B. LEVVIS MAYOR Danielle E. Daskam City Clerk l;)~r~i~l B. H~(~I,_~/ ~- City Attorney PUBLISHED: Ordinance 5826 January 14, 2004 Page 7 EXI:ffRIT A The North 100 feet of thc following descn3ed tract of land: ~'hat portion of ~ovcmment Lot 8 in Section 19, Town,hip 21 North, Range $ East, W2vI., in King County, Wazhington, described az follows: Commcncing at thc Northe~ c~rner of said Lot 8; · THI~CE Somh $8" 51' 00" West ~o~ the Northerly line of said I.~ot $ a distm~ of 1,000 feet to the N°rthwest come~ of a tra~ of land conveycd to the BIorthem Bacific R~way ~ by deed recorded in Volume 319 Page 356, reunrds of g~ing County; THENCE South 05o 01 ' West along the Wes~rly line of said Railway Txa~t 521.24 feet to the m~e point ofbeginnl,g of the Tract herein descn]~:d; THENCE continue South 08° 01 ' West along so/d Westerly line of Railway Tract 148.12 fee~ THENCE West 218.55 feet to the West linc of said Government Lot $; THENCE North along said West I/ne 150 feet; TWANCE Fast 239.75 feet; more or less, to the true point EXCEPT the We~t 30 feet thereof deeded to King County for ro~L End of Schedule A Exhibit A Ordinance No. 5826