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HomeMy WebLinkAbout02-17-2004 ITEM VII-BAA TYOF U AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject Date: Application No. CUP03-0009 2/10/2004 Department: Planning Attachments: H.E. Decision, Staff Budget Impact: Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary Ordinance. Background Summary: The Hearing Examiner on January 21, 2004, conducted a public hearing on the request of Howard J. McOmber who has applied for a conditional use permit that would allow existing structures that were originally developed as a "group residence facility" located at 1111 - 4th Street NE to be converted into 12 multi -family dwelling units. Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. H E\CU P03-9 L0218-1 03.10.1 CUP03-0009 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 El 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: February 17, 2004 Item Number: VIII.B AjjBURN * MORE THAN YOU IMAGINED CITY OF BUR' Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.cimuburn.wa.us * 253-931-3000 - 6 26°4 February 5, 2004 HOWARD MCOMBER SR 606 120TH AVENUE NE SUITE D-204 BELLEVUE WA 98005 RE: APPLICATION NO. CUP03-0009 Dear Howard: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on January 21, 2004. The City Council will consider your request on February 17, 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. Sincerely, Oct CCr� r v Paul Krauss, AICP Director PK:pz Attachment cc: Building Department Public Works Department City Clerk Dave Neveu Fred Clyde ALIBI JR N * MORE THAN YOU IMAGINED AiUF BU Peter B. Lewis, Mayor WASHINGTON 25 West Main Sheet * Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253-931-3000 FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF AUBURN APPLICATION: CUP03-0009 APPLICANT: Howard J. McOmber/Skyline Properties, Inc. REQUEST: Conditional use permit for 12 dwelling units LOCATION: 1111 - 4' Street NE APPLICATION FILED: November 7, 2003 SEPA STATUS: DNS issued October 3, 2001 DATE OF PUBLIC HEARING: January 21, 2004 DECISION ISSUED: February 4, 2004 DECISION: Recommend approval STAFF REPRESENTATIVES: Shirley Aird PUBLIC TESTIMONY: Howard McOmber David Neveu Fred Clyde WRITTEN TESTIMONY: Exhibit #1: Case file and environmental 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\DEC\(FILE NO.) Page 2 ALIBI JR N * MORE THAN YOU IMAGINED Findings and Decision Application No. CUP03-0009 FINDINGS OF FACT es at Howard J. McOmber has applied for a conditional se permit residence fac lity'ulocated atthat l l l l would4�` Stre t NE t be onverrtedthmt 12e originally developed as a "group residence facility since the 1970's. Group multi -family dwelling units. This site has Section been used 0 of the Zoning Code as a facil ty li ensed by the State residence facilities are defined by purpose of housing residents who by reason of their mental and operated with full time supervision for the uire a or physical disability, addiction to drugs or for rehabilitationhol, or and social ror social deadjustment ent problems The fact ty consists transitional non-medical treatment program of a number of buildings, with have kitchens. quarters. The facility ty had prove facility ided residency finally had a o r aovariety of disabled living units currently do not ha persons over the years. The facility is now vacant and has been for a number of years. 2. A previous application for a CUP at this site (CUP01-0004) was of made by another was sued applicant ce n A gust, 200 1, 2consideration by the 001. A Hearing Examiner decision recommending pp rovalbut the applicant at the time withdrew the Conditionalnt d that he wishes his pproporior sal to be identical to that ty Council. Mr. McOmber has stated and has docurn prior CUP. Since the proposal is the same d there(SEPa1-0034e no continer ue o be ed circumstances, the SEPA determination that was issued October 3. The property is currently zoned R-3, Duplex. The R-3 zone does allow for groupcant and has been for a resience facilities if a conditional use permit has been issued by the City Council. While the property s va significant amount of time, the Zoning Code at Section 18.04.650 would still allow the re -occupancy of the site with a group residence facility without another conditional use permit being issued. 4. The proposal now is to convert the facility into typical multi -family dwelling units. Since the property is zoned R-3 the Zoning Code requires 3600 square feet of lot area for each dwelling unit. The property is 4,573 by 3600 the maximum number of units can 44,573 square feet in area and when you divide 4 o of the buildings will bebe allowed on the site is 12. There are currently 4 buildings on the propertyes of residential structures are converted to four-plexes and two will be converted to duplexes. These typ allowed in the R-3 zone, Section 18.16.030, if a conditional use permit is approved by the City Council. 5. Density calculations require consideration of the entirety of the property. In addition, the property is currently divided into several parcels; some of the buildings span property lines. Therefore, the property must be consolidated into one single parcel, through a lot line adjustment, prior to occupancy. application states that it is proposed to renovate the existing buildings by providing new windows and 6. The app new appliances (to complete the kitchens) and other general doors, new siding and trim, new plumbing, pp lot that is shared by all buildings in the central upgrades. Parking will be provided by an existing parking portion of the site and with two spaces provided in a tha lis north of the -striped area o the north o This area buildings. y There is a relatively large unused part of the property owner's contained the communal building which was subsequently removed. It will be the property responsibility to maintain this area. ntly with this mit lication. The 7. A variance is also being considereesetbacks of the oexisting buildings. Therelwill be substantial 1 of the variance is to address the substandard Page 3 HE\DEC\(FILE NO.) Findings and Decision Application No. CUP03-0009 renovation done, the cost of which may exceed 50% of the value of the buildings, which in the absence of a variance the buildings would be required to meet the existing setback requirements of the R-3 zone. 8. At the time of the public hearing some concern was expressed by a witness regarding traffic and safety issues on the site. However, the application complies with the applicable code criterion. The contents of the case file, CUP03-0009, and the environmental file, SEP01-0034, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The Hearing Examiner has concluded, based on the evidence from the public hearing, the Staff, Applicant and public testimony, 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 Section 18.64.040 of the Zoning Ordinance. 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. The proposal should have significantly less of an impact on the neighborhood than previous uses since there be fewer households that will live at this facility. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal lies within the moderate density residential designation of the Comprehensive Plan. On page 14-5 of the Comprehensive Plan it states that four-plex units may be allowed in this designation. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal either meets or is capable of meeting all Zoning Ordinance requirements. 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 will upgrade the existing buildings and therefore should be more harmonious with the neighborhood. 5. The proposal will not adversely affect the public infrastructure. There is no evidence that the public infrastructure will be adversely affected by this proposal. The proposal is already served by City utilities and streets. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following conditions: HE\DEC1(FILE NO.) Page 4 Findings and Decision Application No. CUP03-0009 1. The variance application, VAR03-0014, shall be approved prior to this conditional use permit taking effect. 2. Landscaping shall be provided on the 4d' Street and "K" Street frontages. The landscaping shall be generally consistent with the Type III landscape requirements of Chapter 18.50 of the Zoning Code. The Planning Director shall give final approval of the landscape plan. 3. The implementation of this Conditional Use Permit shall terminate any continuation of the use rights of a group residence facility. 4. The unused northern portion of the property shall be properly maintained by the property owner. Use of this area may include, but is not necessarily limited to lawn, recreation facilities for the on-site residents, or other maintained landscaping. As part of the application for a building permit the application shall indicate the use of the area. The proposed use and maintenance shall be approved by the Planning Director. 5. A lot line adjustment is required to combine all parcels into one parcel. This shall be accomplished prior to any occupancy of any dwelling unit. Dated this 4th day of February, February, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. t, voak�/, Diane L. VanDerbeek, Hearing Examiner REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the 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, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their February 18, 2004, meeting. At the February 18, 2004, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subiect: Public Hearing - Application No. CUP03 - 0009 Date: January 15, 2004 Department: Planning Attachments: Vicinity Map, Plot Plan, BudUet Impact: D.N.S., Application, Hearing Examiner Decision for CUP01-0004 Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: REPORT OF FACTS:- OWNER/APPLICANT: Howard J. McOmber/Skyline Properties, Inc. REQUEST: Conditional use permit for 12 dwelling units SIZE: 44,573 square feet LOCATION: 1111 - 4"' Street NE EXISTING ZONING: R-3, Duplex residential EXISTING LAND USE: Vacant group residence facility COMPREHENSIVE PLAN DESIGNATION: Moderate density residential SEPA STATUS: DNS issued October 3, 2001 ZONING AND LAND USE DATA IN THE VICINITY: Comprehensive Land Use Existing Zoning Existing Land Use Plan Designation North R-3 Single family Moderate density res. South R-3 Duplexes Moderate density res. East R-3 Single family Moderate density res. West R-3 Single family Moderate density res. Reviewed by Council Committees & Commissions: Reviewed by Departments & Divisions: Arts Commission Council Committees: Airport x M&O _ Hearing Examiner _ Finance x Building Mayor _ Human Resources _ Municipal Services Cemetery Parks _ Library Board Planning & CD Finance Personnel Park Board Public Works x Fire x Planning _ Planning Commission. x Legal x Police _ Other Library x Public Works Approved: Call for Hearing: Referred to: Until: CommitteeApproval: Yes No Tabled Until: Staff: Shirley Aird Meeting Date: January 21, 2004 Page: 1 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subiect: Public. Hearing -Application No. CUP03 - 0009 Date: January 15, 2004 Background Summary (cont'd): FINDINGS OF FACT: 1. Howard J. McOmber has applied for a conditional use permit that would allow existing structures that were originally developed as a "group residence facility" located at 1111 - 4' Street NE to be converted into 12 multi -family dwelling units. This site has been used as a group residence facility since the 1970's,Group residence facilities are defined by Section 18.04.440 of the Zoning Code as a facility licensed by the State and operated with full time supervision for the purpose of housing residents who by reason` of their mental or physical disability, addiction to drugs or alcohol, or family or social adjustment problems require a transitional non-medical treatment program for rehabilitation and social readjustment. The facility consists of a number of buildings, with living quarters. As the facility originally had a common dining area, the living units currently do not have kitchens. The facility had provided residency for a variety of disabled persons over the years. The facility is now vacant and has been for a number of years. 2. A previous application for a CUP at this site (CUP01-0004) was made by another applicant in August, 2001. A Hearing Examiner decision recommending approval of that CUP was issued December 27, 2001, but the applicant at the time withdrew the Conditional Use permit request prior to consideration by the City Council. Mr. McOmber has stated and has documented that he wishes his proposal to be identical to that prior CUP. Since the proposal is the same and there are no other changed circumstances, the SEPA determination that was issued October 3, 2001 (SEP01-0034) continues to be valid. 3. The property is currently zoned R-3, Duplex. The R-3 zone does allow for group residence facilities if a conditional use permit has been issued by the City Council. While the property is vacant and has been for a significant amount of time, the Zoning Code at Section 18.04.650 would still allow the re - occupancy of the site with a group residence facility without another conditional use permit being issued. 4. The proposal now is to convert the facility into typical multi -family dwelling units. Since the property is zoned R-3 the Zoning Code requires 3600 square feet of lot area for each dwelling unit. The property is 44,573 square feet in area and when you divide 44,573 by 3600 the maximum number of units that can be allowed on the site is 12. There are currently 4 buildings on the property. Two of the buildings will be converted to four-plexes and two will be converted to duplexes. These types of residential structures are allowed in the R-3 zone, Section 18.16.030, if a conditional use permit is approved by the City Council. 5. Density calculations require consideration of the entirety of the property. In addition, the property is currently divided into several parcels; some of the buildings span property lines. Therefore, the property must be consolidated into one single parcel, through a lot line adjustment, prior to occupancy. 6. The application states that it is proposed to renovate the existing buildings by providing new windows and doors, new siding and trim, new plumbing, new appliances (to complete the kitchens) and other general upgrades. Parking will be provided by an existing parking lot that is shared by all buildings in the central portion of the site and with two spaces provided in a newly -striped area to the north of the buildings. There is a relatively large unused part of the property that is north of the buildings. This Staff: Shirley Aird Meeting Date: January 21, 2004 Page: 2 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda subject: Public Hearing - Application No. CUP03 - 0009 Date: January 15, 2004 area originally contained the communal building which was subsequently removed. It will be the property owner's responsibility to maintain this area. A variance is also being considered concurrently with this conditional use permit application. The purpose of the variance is to address the substandard setbacks of the existing buildings. There will be substantial renovation done, the cost of which may exceed 50% of the value of the buildings, which in the absence of a variance the buildings would be required to meet the existing setback requirements of the R-3 zone. 8. The contents of the case file, CUP03-0009, and the environmental file, SEP01-0034, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS: Staff has concluded 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 Section 18.64.040 of the Zoning Ordinance. 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. The proposal should have significantly less of an impact on the neighborhood than previous uses since there be fewer households that will live at this facility. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal lies within the moderate density residential designation of the Comprehensive Plan. On page 14-5 of the Comprehensive Plan it states that four-plex units may be allowed in this designation. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal either meets or is capable of meeting all Zoning Ordinance requirements. 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 will upgrade the existing buildings and therefore should be more harmonious with the neighborhood. 5. The proposal will not adversely affect the public infrastructure. There is no evidence that the public infrastructure will be adversely affected by this proposal. The proposal is already served by City utilities and streets. CONDITIONS: The variance application, VAR03-0014, shall be approved prior to this conditional use permit taking effect. Staff: Shirley Aird I Meeting Date: January 21, 2004 - I Page: 3 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subiect: Public Hearing - Application No. CUP03 - 0009 Date: January 15, 2004 2. Landscaping shall be provided on the 0 Street and °K" Street frontages. The landscaping shall be generally consistent with the Type III landscape requirements of Chapter 18.50 of the Zoning Code. The Planning Director shall give final approval of the landscape plan. 3. The implementation of this Conditional Use Permit shall terminate any continuation of the use rights of a group residence facility. 4. The unused northern portion of the property shall be properly maintained by the property owner. Use of this area may include but is not necessarily limited to lawn, recreation facilities for the on-site residents, or other maintained landscaping. As part of the application for a building permit the application shall indicate the use of the area. The proposed use and maintenance shall be approved by the Planning Director. 5. A lot line adjustment is.required to combine all parcels into one parcel. This shall be accomplished prior to any occupancy of any dwelling unit. HEWPP%STRC01-4 Staff: Shirley Aird Meeting Date: January 21, 2004 Page: 4 CHARLES A. BOOTH; MAYOR - - P4)," .Krauss, A.I.C.P., Planning Director - PrANNING DEPARTMENT 25 West Main, Auburn, WA 98001 (253) 931-3090 Fax: (253) 931-3053 FINAL DETERMINATION OF NON -SIGNIFICANCE SEPO1-0034 DESCRIPTION OF PROPOSAL: Conditional Use Permit for the site Preparation and construction necessary to convert four, two-story buildings from a.28 -unit group residence facility into two foumlexes and two duplexes on an existing 1.02 acre lot. The Prosect also includes development of associated street improvements. PROPONENT. Bill Weinmar, St. John Investments Inc. LOCATION: 1103 1105 1107 and 1111 Fourth Street NE; the northeast corner of 4th and 'K Streets NE 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 (EIS) is not required under RCW 43.21C.030(2xc). 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: Paul Krauss, A.I.C.P. POSITION/TITLE: Director of the Department of Planning & Community Development ADDRESS: 25 West Main Street Auburn, Washington 98001 (253) 931-3090 DATE ISSUED: October 23, 2001 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 November 13, 2001 CHARLES A. BOOTH, MAYOR - P- ' Krauss, A.I.C.P., Planning Director PROPOSED DETERMINATION OF NON -SIGNIFICANCE SEPOI-0034 i PLANNING DEPARTMENT 25 West Main, Auburn, WA 98001 (253) 931-3090 Fax: (253) 931-3053 DESCRIPTION OF PROPOSALConditional Use Permit for the site preparation and construction necessary to convert four, two-story buildings from a 28-unt -group residence facility into two fourplexes and two duxes on an existing 1.02 acre iot The proiect also includes development of associated street improvements. PROPONENT. Bill Weinmar. St John Investments Inc. LOCATION: 1103 1105 1107 and 1111 Fourth Street NE.- the northeast comer of 4th and `K' Streets NE LEAD AGENCY. O 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 (EIS) is not required under RCW 43.21C.030(2xc). 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. This DNS is.issued under 197-11-340(2); the lead agency will not act on this proposal for 15 days. from the date of issuance below. Comments must be submitted by 5:00 P.M. on October 22, 2001. RESPONSIBLE OFFICIAL: Paul Krauss, A.I.C.P. POSITIONMTLE: Director of the Department of Planning & Community Development ADDRESS: 25 West Main Street Auburn, Washington 98001 (253) 931-3090 DATE ISSUED: October 6.2001 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. FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP01-0034 Date: October 1, 2001 Project Name: Fourth Street Apartments Applicant: Bill Weinmar St John Investments Inc. P.O. Box 39660 9720 South Tacoma Way Tacoma, WA 98439 (206) 441-5700 ext. 201 Contact: Robert Zanoni Robert Zanoni Architect P.O. Box 689 70 North Canal View Road Hoodsport WA 98548 (360) 877-9001 Location: 1103, 1105, 1107 and 1111 Fourth Street NE.; the northeast comer of 4t' and 'K' Street NE. S -T -R: 18-21-05 Principal Parcel Number. 264800-0075, 264800-0115, 264800-0116, 264800-0120, and 264800-0122 Related Parcel Numbers: (None) Legal Description: Generally, Portions of Lots 5, 13, and 14 of French's Addition to Slaughter (see environmental checklist application attachment: CUP01-0004 for complete legal description). Proposal: Conditional Use Permit for the site preparation and construction necessary to convert four two- story buildings from a 28 -unit group residence facility into two fourplexes and two duplexes on an existing 1.02 acre lot The project also includes development of associated street improvements. Site Size: approximately 1.02 acres or 44,573 square feet Existing toning: R3, Residential Duplex Comprehensive Plan Designation: Moderate Density Residential A. Background: Pursuant to WAC 197-11-340(2), the City of Auburn is required to send any DNS which may result from this environmental review, along with the checklist application, to Department of Ecology, the U.S. Army Corps of Engineers, and other agencies with jurisdiction and affected tribes, etc. Item 8. Other Environmental Information: Other environmental information submitted in support of the current proposal includes: "Site Plan For Conditional Use Permit and Variance', Robert Zanoni Architect, August 20, 2001 Environmental checklist application dated August 17, 2001 Environmental Elements: Final Staff Evaluation for Environmental Checklist SEPOI-0034 - Page 2 1. Earth: The 1973 USDA Soil Conservation Service's "Soil Survey for the King County Area, Washington," classifies the site's soil as consisting of Urban land soils (Ur). Urban land soils are soils, which have been modified by the disturbance of natural layers with the addition of fill material several feet thick to accommodate development. The texture and permeability of this soil varies. The site is generally flat The site has previously been filled and disturbed by development. The site consists of four buildings enclosing a central parking lot With the exception of another parking area on the north side, the balance of the site is landscaping. According to the checklist application response, under the current proposal less than 50. cubic yards of earthwork will be required, however City required half street improvements, largely curb and gutter, will necessitate additional earthwork Without proper erosion and sedimentation control measures in place prior to the start of construction activities, there is a potential adverse impact to earth resources. The City will require the preparation, review and approval of a temporary erosion and sedimentation control plan in accordance with Chapter 6.03.1.A.1-5 of the City's Design and Construction Standards Manual. Appropriate measures shall be taken to ensure that proposed filling and grading operations do not result in erosion and sedimentation impacts on other properties and the surface water drainage system. At a minimum, erosion control measures should include installation of temporary and permanent erosion control improvements, and stabilization of filled and graded areas, which are not immediately developed. 2. Air. Short-term impacts on air quality would occur during site preparation and construction operations. Construction activity, especially filling and grading work, will contribute to short term increases in local suspended particulate levels. Additional measures such as street cleaning are governed by requirements in the City's Design and Construction Standards manual. Emissions will also result from vehicles transporting fill material to the site and from congestion created by construction vehicles on area streets. Longer-term impacts to air will vary according to the number of vehicles generated by the site (see Element 14, Transportation, below). The project is expected to result in.minimal traffic impacts. 3. Water. The site is largely developed and consists of landscape areas surrounding centrally located buildings and parking areas. The site does not contain surface water features and is not identified as containing wetlands by the City's Wetland Inventory. The project construction isnot anticipated to result in additional impervious surface and increased storm water runoff although some existing paving surface may be required to be removed and replaced for installation of utilities and modification of the storm drainage system. The existing and proposed development purports to cover the site with approximately 53 -percent impervious surface. The project's storm drainage system consists of catch basins connected via underground pipes with a potentially uncontrolled discharge to the storm drainage system. The City will require submittal and approval of the storm system volume management consistent with Chapters 6.04 and 6.05 of the City's Design and Construction Standards Manual. By City regulation, if the value of the remodel includes exterior alterations and exceeds 50% of the assessed value, the project is required to upgrade the storm drainage facilities to current standards. As with all paved developed areas, the site will contribute some pollutants to ground and surface waters as the pollutants are washed off impervious surfaces into the storm drainage system. Pollutants, which accumulate on paved surfaces, include heavy metals, petrochemicals and other substances. As a result, Final Staff Evaluation for Environmental Checklist SEP01-0034 - Page 3 water quality treatment will be necessary to avoid adverse impacts. The City will consider measures to ensure appropriate water quality treatment is provided prior to discharge off-site or into the ground. Proper and routine maintenance of the site's private storm drainage facilities is necessary to avoid adverse impacts and to ensure sufficient storage capacity and water quality treatment. 4. Plants: The site is largely developed and consists of pavement, gravel and landscape areas surrounding buildings located within the central portion of the site. The site vegetation consists principally of existing mature landscape vegetation located at the perimeter of the site and intervening between the buildings and parking lot The existing landscape vegetation contains trees meeting the City's definition of a "significant tree" and therefore should be retained and made pari of the project design in accordance with ACC 18.50.060(L). Landscaping is required in the R3 zoning district as established through the Conditional Use Permit S. Animals: Concur with checklist 6. Energy and Natural Resources: Concur with checklist. 7. Environmental Health: Concur with checklist 8. Land and Shoreline Use: The site is zoned R3, Duplex Residential and the Comprehensive Plan designation is moderate density residential. Historical building permit records indicate the site originally was developed with duplexes in 1969. The records subsequently indicate that in 1972 that it was developed as a group residence facility containing 28 dwelling units each with 2 or 3 bedrooms, bathrooms and without kitchens. A separate building containing a kitchen, dining room and meeting rooms was located on the northern portion of the site. This building has since been removed. At present, the buildings have been vacant for several years. Surrounding uses: North: single family residences South: Wh Street NE East: single family and multiple family residences West: single family residences and school district offices The site occurs within the following sensitive area designations by the Auburn Comprehensive Plan: volcanic, seismic, and aquifer recharge. 9. Housing: Concur with checklist 10. Aesthetics: Concur with checklist 11. Light and Glare: Concur with checklist 12.- Recreation: Concur with checklist 13. Historic and Cultural Preservation: Concur with checklist 14. Transportation: Short-term impacts on transportation would occur during the site preparation operations. Longer-term impacts to the transportation system will vary in level according to the amount of traffic generated by the development of the site. On a temporary basis, the proposed remodeling and Final Staff Evaluation for Environmental Checklist SEP01-0034 - Page 4 improvement project will generate new vehicle trips associated with hauling and thus create temporary impacts to the existing transportation network, as construction -related vehicles access the site. The City will consider measures to ensure that the proposed fill material hauling operation does not adversely impact the City's area street and the circulation system. Such measures may include limiting hauling to certain routes or locations or limiting the hours of hauling. The operation of the building addition will generate vehicle trips to the transportation system in the vicinity. However, the proposed addition is anticipated to generate less than 30 PM peak hour trips, the Level at which the city requires a traffic study. Therefore the development does not represent a new impact to the transportation system and no traffic impact study was required to be prepared. It is anticipated that any traffic impacts will be fnitigation by participation in the traffic impact fee payments. With fee payments, it is anticipated that the project traffic can be accommodated safely by the existing transportation system with mitigation measures. Two driveways currently serve the site; one to 4"' Street NE which leads to the central parking lot and another driveway to W. Street NE which leads to a paved area at the north side of the buildings. In addition, the project will be responsible for constructing frontage improvements along the site street frontages. While the improvements to Vh Street NE appear to be substantially existing, the'K' Street NE frontage does not have curbs and gutters. Pursuant to ACC -12.64, the proponent will be responsible for half -street improvements to meet City of Auburn street standards, if such improvements do not already exist. The project proposes to develop 26 parking spaces. Based on 12 dwelling units of 3 or more bedrooms, a total of 24 spaces is required on-site. A parking analysis will be required prior to issuance of a building permit to confirm the required number of parking spaces. 15. Public Services: Concur with checklist. 16. Utilities: The proposed project will result in an increased demand for utilities. The site is currently served by service connections. New connections to water and sewer or modification to these existing services will be required to serve the buildings. C. Conclusion: The proposal can be found to not have a probable significant adverse impact on the environment. The City reserves the right to review any future revisions or alterations to the site or to the proposal in order to determine the environmental significance or non -significance of the project at that point in time. Prepared by: Jeff Dixon, Planner II for Environmental Review cc: Dennis Dowdy, City Engineer Maintenance and Operations Herb Moss, Development Engineer Tony Baca, Building Official Dave Smith, Fire Marshal Conditional Use Permit for Hearing Examiner:- Page 5 CONDITIONAL USE PERMIT APPLICATION �- U- IP03 PROPERTY OWNER'S NAME APPLICATION NUMBER Sec. Twp. Rug.: Area Code: Zone Existing: Request: Scheduled Public Hearing: Date Received: Staff Project Coordinator: r po �C�' S Do Not Write Above This Line 3 Itt 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), the undersigned, OWNER(S) of property numbered opposite my (our) names(s) hereby petition fora Conditional Use Permit for the following use: (Please attach a U2 (typed) page your proposed use.) 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? `rHt= U1 STi/VG- S1 KuGYLt.RZ.S -Dv NvT GiTY OF RU6(.Gf-{" STS N� KJ R1� S FOA rN E- A-3 ZV K) E, A c_, u . p �:>e� APP MUP-APPL Conditional Use Permit for Hearing �ar�iner - Page. 6 B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? 4r4 THE C KAfJT IQ6 vF rM S C,U, P WOULD A40W THE M SMWP 004C1.x1�N11� N I Ivy Or TY T W& AKL Aff kzrWW7"!) '464��T" WX"T f T -ow 4-*, TFmo 1. VAui• MlWlkJ-,6 ACE � hy5 A aV4e of T11111 -P64(00 NOW C �T l "Cur a I HPUT 04 GtTy, X, GAP Nb�-i�c tif5: vwt�i'� -F��1-tit-y Uu tTS; C. Why is this Conditional Use Permit compatible with the eais-ting. zoning in the area? K-, 4P0jkjCS AU4WS MULTI -PAH1c y iVIN Ar C,P,c.ig f cP7KJMA AMA .441, 01:5 i a6a:� 5F = j 2, 381 oks rro Aid-owso me- e -I Y U4JILL.. Gdi M AZO A"o 1OQUO'$TIMY6 A VkeOF AWWINCoS, D. Why is this Conditional Use- Permit consistent with the Comprehensive Plan for the area? 9-75 _• jzw 3 AMIAC1JP ADPL Rev. lon7/98 iZr*wfus Tft sdkfp-, Conditional Use Permit for Hearing Examiner _ Page 7 ALL PROPERTY OWNERS INCLUDED IN T]US A pPJUCATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NtiMER" WHICH IS ALSO LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWSNED BY HOWN N THE EACH __ APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ UNDERSTOOD THE CONTF1�11'S - OF THIS APPLICATION AND AND ATTACIE HENTS ITS PARCEL NAME, ADDRESS AND PHONE NUMBER NUMBER (Please Print) ad y=0076 ady800-p►�6 ;?Icy 8400-0115- 4 acygao-ot Sui�e adl .7 1°h o hP 90 -z 7 66 8 3 DESIGNATED CONTACT PERSON: Name: Address: . 6,36 — l--)Ut Au IUB Sp !7'� D -dot/ City/Phone: eile e, wA , ya5- y�rv� 206 67O6g y T APPLI"CUP--APPL Rev. 12/9/02 Conditional Use Permit for Hearinb__xammer - Page 8 ,. * PkA PM%Ubihli.l GI GtZ+ H1G I�.II'OK.NtI►Ttc�,.t 5 to of LEGAL �jDEESjC�RE 1TdON OFryPROPERTY �,1 G; UXO TIS�i✓ �i Remodel and Renovations to the Old Century House Complex The old Century House Complex consists of (4) Wood frame, Type V construction. The buildings are all (2) story. They have been vacant for several years, however are in good condition. Existing building_ parameters Building "A: is 30`-0" x 97'-0" or 2,910 s/f pr floor; Two story and has Eight Units. Building `B" is 30`-0" x 97'-0" or 2,910 s/f pr floor; Two story and has Eight Units. Building "C" is`24'-0" x 67'-0" or 1,608 s/f pr floor; Two story and has Six -Units. Building "D" is 24'-0" x 89'-0" or 2,136 s/f pr floor; Two story and has Six Units. Or 28 total units, two and three bedrooms each. Proposed Building Modifications: The current owner, Office of US Trustee Bankruptcy for the State of Alaska, is proposing the remodeling of the complex to provide (12) Multi -family units, within the limits of the existing building parameters. The renovation will include opening a doorway through the party wall of each pair of present units to create 4 bedroom 2 bathroom units in Buildings "A" & `B", 6 bedroom 3 bathroom units in Building "C" and 6 bedroom 4 bathroom units in Building "D". New kitchens upgraded to current codes will be made in each unit. No other changes other than cosmetic repairs will be done to any of the units. The current R-3 Zoning does not allow more than 12 units. The overall lot size is 44,573 s/f — 3600 s/f or 12,381 units allowed. Building "A" would be 4 units at 1,455 s/f each with 4 bedrooms, 2 baths. Building `B" would be 4 units at 1,455 s/f each with 4 bedrooms, 2 baths. Building "C" would be 2 units at 1,608 s/f each with 6 bedrooms, 3 baths Building "D" would be 2 units at 2,136 s/f each with 6 bedrooms, 4 baths. Parking requirements: 18.52.020 2 Br = 1.5 Stalls 3 or more = 2.0 Stalls Our Max parking required would be 24 We currently are providing (26) There currently is adequate parking for the intended uses, there are (22) Standard stalls 9'-0" x 19'-0", (4) compact stalls 8'-0" x 19'-0", plus a large area To the north that is flat graveled area common. use of tenants. CHARLES A. BOOTH, MAYOR Paul Krauss, A.I.C.P., Planning Director APPLICATION: APPLICANT: REQUEST: LOCATION: - PLANNING DEPARTMENT 25 Well Main, Auburn, WA 98001 (253) 931-3090 Fax: (253) 931-3053 - FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF AUBURN APPLICATION FILED: SEPA STATUS: DATE OF PUBLIC HEARING: DECISION ISSUED: DECISION: STAFF REPRESENTATIVES: PUBLIC TESTIMONY: WRITTEN TESTIMONY: CUP01-0004 St. John investments, Inc. Conditional use permit for 12 dwelling units 1111— 4d' Street NE August 21, 2001 DNS issued October 3, 2001 December 18, 2001 December 27, 2001 Recommend approval. Lynn Rued, Assistant Planning Director Robert Zanoni Exhibit # 1: Case file and environmental file INTRODUCTION After-dueconsideration ofthe 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 conchrsions shall constitute the decision of the Hearing Examiner on this application. FINDINGS OF FACT I. St. John Investments has applied for a conditional use permit that would allow for an existing "group residence facility" located at 1111- 4'h Street NE to be converted into 12 multi -family dwelling units. This site has been used as a group residence facility since the 1970's. Group residence facilities are defined by Section 18.04.440 of the Zoning Code as a facility licensed by the State and operated with full time supervision for the purpose of housing residents who by -reason of their mental or physical disability, addiction to drugs or alcohol, or family or social adjustment problems require a transitional non-medical treatment program for rehabilitation and social readjustment. The facility consists of a number of buildings, with living quarters, as well as a. common dining area. The facility had provided residency for a variety of disabled persons over the years. The facility is now vacant and has been for a number of years. - HMEOCUP014 Page 2 Findings and Decision Application No. CUP01-0004 2. The property is currently zoned R-3, Duplex. 'Ile R-3 zone does allow for group residence facilities if a conditional use permit has been issued by the City Council. While the property is vacant and has been for a significant amount of time, the Zoning Code at Section l 8.04.650 would still allow the re -occupancy of the site with a group residence facility without another conditional use permit being issued 3. The proposal now is to convert the facility into typical multi -family dwelling units. Since the property is zoned R-3 the Zoning Code requires 3.600 square feet of lot arra for each dwelling unit. The property is 44,573 square feet in area and when you divide 44,573 by 3600 the maximum number of units that can be allowed on the site is 12: There are currently 4 buildings on the property. Two of the buildings will be converted to four plexes and two will be converted to duplexes. These types of residential structww are allowed in the R-3 zone, Section 18.16.030, if a conditional use permit is approved by the City Council. 4. The application states that it is proposed to renovate the existing buildings by providing new windows and doors, new siding and trim, new plumbing, new appliances and other general upgrades. Parking will be provided by an existing parking lot that is shared by all buildings. There is a relatively large unused part of the property that is north of the buildings. It will be the property owners responsibility to maintain this area 5. A variance is also being considered concurrently with this conditional use permit application. The purpose of the variance is to address the substandard setbacks of the existing buildings. Since there will be substantial renovation done the cost of which may exceed 50•/0 of the value of the buildings. In such cases the buildings would then have to meet the existing setback requirements of the R-3 zone. 6. The contents of the case file, CUP0I-0004, and the environmental file, SEPO1-0034, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded 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 Section 18.64.040 of the Zoning Ordinance. 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. The proposal should have a significant less of an impact on the neighborhood than previous uses since there be a reduction in the number of residents that will live at this facility. 2. The proposal is in accordance with the goals, policies'and objectives of the Comprehensive Plan. The proposal lies within the moderate -density residential designation of the Comprehensive Plan. On page 14-5 of the Comprehensive Plan it states that four Alex units may be allowed in this designation. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal either meets or is capable of meeting all Zoning Ordinance requirements. 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 will upgrade the existing buildings and therefore should be more harmonious with the neighborhood HMEOCUP01 4 Page 3 Findings and Decision Application No. CUPOI-0004 5. The proposal will not adversely affect the public infrastructure_ There is no evidence that the public infrastructure will be adversely affected by this proposal. DECISION Fr each of the above reasons, the recommendation of the Hearing Examiner to the Auburn CityCouncil on this conditional use permit application is approval, subject to the following conditions: I. The variance application, VAROI-0005, shall be approved prior to this conditional use permit taking affect. 2. Landscaping shall be provided on the 4* Street and "F" Street frontages. The landscaping shall be generally consistent with the Type III landscape requirements of chapter 18.50 of the Zoning Code. The Planning Director shall give final approval of the landscape plan. 3. The implementation of this Conditional Use Permit shall terminate any continuation of the use rights of a group residence facility. 4. The unused northern portion of the property shall be properly maintained by the property owner. Use of this area may include but not necessarily limited to lawn, recreation facilities for the on-site residents, or other — maintained landscaping. As part of the application for a building permit the application shall indicate the use of the area. The proposed use and maintenance shall be approved by the Planning Director. 5. A lot line adjustment is required to combine all parcels into one parcel. This shall be accomplished prior to any occupancy of any dwelling unit. Dated this 27th day of December, 2001, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. Diane L. VanDerbeek, Hearing Examiner REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or jgdgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner" no later than 7 days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA_ 98001-4998. HE111DEC1 MI -4 page 4 Crry or 01 WASHINGTON NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on January 21, 2004, at 7:00 P.M. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. CUP03-0009 The request of Howard McOmber for a conditional use permit to allow multi -family in the R-3, Two Family (Duplex) Residential District. The property is located at 1 103-1 105 4th Street NE. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for consideration at this public hearing. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. CERTIFICATION OF POSTING CERTIFICATION FOR THE FOLLOWING ACTIONS TAKEN PERTAINING TO: APPLICATION NO. CUP03-0009 LOCATED AT: 1103-1105 4th Street NE ******* ******* ******* PUBLIC HEARING NOTICES POSTED: This date I certify that I did post a minimum of 3 public hearing notices in conspicuous places within 300 feet of the subject property. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(BX1Xa) of the Auburn Zoning Ordinance. The public hearing date is scheduled for January 21• 2004. Date: Name: Tu Nguyen, Planning Department